Case #869 - Sanction

Case 869 - Finding

DATE: August 2, 2017
PARTIES: University of Toronto v. H.L. ("the Student")

Hearing Date(s): June 29, 2017

Panel Members:
Ms. Johanna Braden, Barrister and Solicitor, Chair
Professor Faye Mishna, Faculty Panel Member
Mr. Eric Bryce, Student Panel Member

Appearances:
Ms. Lily Harmer, Assistant Discipline Counsel, Paliare Roland, Barristers
Ms. Eva Mak, Barrister and Solicitor, Counsel for the Student
Mr. Thomas MacKay, Director, Faculty Governance and Curriculum Services, Faculty of Arts and Science
The Student

In Attendance:
Ms. Tracey Gameiro, Associate Director, Office of Appeals, Discipline and Faculty Grievances
Mr. Sean Lourim, Technology Assistant, Office of the Governing Council


Trial Division - sanction decision - s. B.i.1(b) of Code - unauthorized aid - student submitted forged exam - zero on course, two year suspension, three year notation, publication of the decision with the name of the Student withheld

The Student was found guilty of use of an unauthorized aid under s. B.i.1(b) of the Code. The Student brought a forged exam into the test room, composed of questions from previous years' exams and answers, and submitted it. Student continued to claim ignorance throughout the proceedings as to how their exam paper included different questions from every other students'.

In determining the penalty, the Tribunal noted that the Student participated in the hearing, demonstrating a willingness to respect the process. The fact that the Student defended the charges is not to be held against them. This was a first offence, but it was deliberate. There was a risk of reoffending that a transcript notation could assuage, as a notation would ensure the Student is monitored. The integrity of exams is important to the University. There were no mitigating factors. There was significant detriment to the University because of the resources expended in protecting the integrity of exams. In light of these factors, the Student received a grade of zero in the course, a two year suspension, and a three year notation, and publication of the decision with the name of the Student withheld.