DATE:
January 25, 2024
PARTIES:
University of Toronto v. H.Z. ("the Student")
HEARING DATE:
October 27, 2023, via Zoom
PANEL MEMBERS:
Shaun Laubman, Chair
Professor Maria Rozakis-Adcock, Faculty Panel Member
David Lio, Student Panel Member
APPEARANCES:
Tina Lie, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
Abby Craswell, Representative for the Student, Downtown Legal Services
IN ATTENDANCE:
The Student
HEARING SECRETARY:
Carmelle Salomon-Labbé, Associate Director, Office of Appeals, Discipline and Faculty Grievances
The Student was charged under section B.i.1(c) of the Code of Behaviour on Academic Matters, 2019 (the “Code”), for knowingly having another person personate the Student at a final exam. In the alternative, the Student was charged under section B.i.3(b) of the Code, for knowingly engaging in a form of cheating, academic dishonesty or misconduct, fraud or misrepresentation not otherwise described in the Code in order to obtain academic credit or other academic advantage of any kind in connection with a final exam.
The Student attended the hearing. The Provost and the Student submitted an Agreed Statement of Facts (“ASF”). The Panel received evidence that the Student was required to write a final exam worth 45% of their final grade in the course from which the charges arise. In a Dean’s Designate meeting, the Student admitted that they did not write the final exam but instead had someone else write the exam for them. The ASF detailed that the Student admitted that they were guilty of having another person personate them at the final exam, and that they were guilty of obtaining unauthorized assistance in connection with the final exam. Based on the ASF and the Student’s admissions, the Panel found the Student guilty of knowingly having another person personate them. In accordance with the ASF, the University withdrew the alternative charges.
In determining the appropriate sanction, the Panel reviewed a Joint Submission on Penalty (“JSP”) and Agreed Statement of Facts on Penalty (“ASFP”) submitted by the Student and the Provost. The Panel further considered the Student’s undertaking that, after the completion of the suspension proposed in the JSP, they would not register for any courses at the University of Toronto or apply for admission to any programs at the University of Toronto (the “Undertaking”). The Panel noted that the Undertaking did not form any part of the Tribunal’s decision, and further noted that the Code does not provide the Tribunal a penalty like the Undertaking.
The Panel reviewed the ASFP which detailed the Student’s prior academic offence, and the Student’s personal circumstances at the time of the offence. The Panel considered prior Tribunal decisions, and ultimately concluded that the sanction proposed in the JSP was within the range of appropriate penalties given the nature of the offence and the Student’s past conviction. The Panel noted that personation is a very serious offence that strikes at the heart of academic integrity by undermining the evaluation process and fairness to other students. However, the Panel considered the Student’s early admission of guilt and cooperation in the discipline process to be mitigating factors.
In accordance with the JSP, the Panel imposed the following sanction on the Student: a final grade of zero in the Course; a five-year suspension from the University; a 10-year notation on the Student’s academic record and transcript; and a report to the Provost for publication.