Date:
February 24, 2025
Parties:
University of Toronto v. Q.L.
Hearing Date:
December 9, 2024 via Zoom
Members of the Panel:
Alexi Wood, Chair Professor
Manfred Schneider, Faculty Panel Member
Samantha Chang, Student Panel Member
Appearances:
William Webb, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
Antone Liu, Representative for the Student, L&B LLP
Hearing Secretary:
Samanthe Huang, Coordinator & Hearing Secretary, Office of Appeals, Discipline and Faculty Grievances
In Attendance:
The Student
The Student was charged with knowingly using and/or possessing an unauthorized aid or aids and/or obtaining unauthorized assistance in connection with the final exam in LINB18H3 (the “Course”), and/or attempting to do so, contrary to sections B.i.1(b) and/or B.ii.2 of the Code. The Student also faced a number of charges in the alternative.
The hearing proceeded on the basis of an Agreed Statement of Facts (“ASF”). The ASF detailed that the Student was enrolled in the Course and was required to write a final exam worth 45% of their final grade. Students were notified at the start of the exam that they were prohibited from using or possessing aids or obtaining assistance on the final exam. During the exam, several invigilators (the “Invigilators”) saw the Student repeatedly lift their arm above their exam and hold it there for a prolonged period of time. The Invigilators noticed that the Student was wearing a shirt with multiple buttons, but that one button was bigger than the others. The Invigilators approached the Student and asked them if they were using unauthorized aids. The Student admitted to wearing unauthorized aids, handed the devices to the Invigilators, and admitted that they had paid a third party for assistance on the final exam. At a meeting with the Dean’s Designate, the Student denied that they committed an academic offence. After the matter was forwarded to the Vice-Provost, the Student admitted that they used and possessed a miniature earpiece and button camera during the final exam and had attempted to obtain unauthorized assistance from a third party via those aids. The Panel found that the Provost had shown clear and convincing evidence that the Student committed the offence of knowingly using and possessing unauthorized aids and attempting to obtain unauthorized assistance, contrary to sections B.i.1(b) and B.ii.2 of the Code. As a result of this finding, the University withdrew the remaining charges.
In determining the appropriate sanction, the Panel considered a Joint Submission on Penalty (“JSP”) submitted by the Student and the University, and the sentencing factors established in the case of University of Toronto and Mr. C (Case No. 1976/77-3). The Panel observed that the misconduct at issue in this case, in particular the use of spyware technology, fundamentally undermines the academic integrity of the University, and must be sanctioned severely to deter others. The Panel noted that the Student’s admission and cooperation to reach an ASF and JSP were extenuating circumstances, and that the Panel would have likely recommended expulsion but for the ASF and JSP.
The Panel imposed the following sanction: a final grade of zero in the Course; a five-year suspension from the University; and a seven-year notation on the Student’s academic record and transcript.