DATE:
June 3, 2024
PARTIES:
University of Toronto v. T.D. ("the Student")
HEARING DATE:
March 25, 2024 , via Zoom
PANEL MEMBERS:
Alexandra Clark, Chair
Professor George Cree, Faculty Panel Member
Alwin Xie, Student Panel Member
APPEARANCES:
William Webb, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
Yan Li, Representative for the Student
HEARING SECRETARY:
Samanthe Huang, Coordinator and Hearing Secretary, Office of Appeals, Discipline and Faculty Grievances
The Student was charged with one count under ss. B.i.1(b) and/or B.ii.2 of the Code of Behaviour on Academic Matters, 2019 (the “Code”) for using and/or possessing an unauthorized aid or obtaining unauthorized assistance in connection with a final exam in a course (the “Final Exam”). The Student was also charged with one count under sections B.i.1(d) and/or B.ii.2 of the Code for knowingly representing as their own an idea or expression of an idea or work of another in connection with the Final Exam. In the alternative, the Student was charged with one count 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 the final exam.
The Student did not participate in the hearing but was represented by a licensed paralegal. The hearing proceeded on the basis of an Agreed Statement of Facts executed by the Student and the University, as well as a Book of Documents. The ASF detailed that the Student was enrolled in a course in which students were required to write a final exam, worth 40% of their grade in the course. During the Final Exam, an invigilator noticed that the student lifting their exam paper and holding it parallel to their torso. The invigilator also noted a large button on the Student’s shirt and suspected that the student was using a miniature camera to take pictures of the exam. An Exam Coordinator spoke to the Student who denied that they possessed an unauthorized aid. The Exam Coordinator did not ask the Student to turn out the contents of their pockets or to check their bag. At the Dean’s Designate meeting, the Student admitted that they had a miniature button camera in their possession, and planned to use it, but could not use it because they had left their cellphone at the back of the exam room. The Student then admitted to committing an academic offence. The Student admitted in the ASF that they did, in fact, use a miniature camera to take and send images of the questions on the final exam to a tutor whom they paid to provide answers during the Final Exam.
Based on the facts and admissions contained in the ASF, the Panel found the Student guilty of obtaining unauthorized assistance during the Final Exam, contrary to ss. B.i.1(b) of the Code. In light of the finding, the University withdrew the second and third counts.
In determining the appropriate sanction, the Panel considered a written agreement regarding sanction (the “Agreement”) and a further Book of Authorities submitted jointly by the University and the Student. The Agreement contained an undertaking offered by the Student that they would not register or re-enroll for any courses at the University at the conclusion of their suspension. The Panel also considered the sanctioning factors enumerated in the decision of the University of Toronto and Mr. C (Case No. 1976/77-3). The Panel found that the sanction proposed in the Agreement was neither unconscionable or unreasonable and was consistent with previous decisions of the University Tribunal. The Panel further indicated that while the form of cheating committed by the Student was egregious and may warrant an order of expulsion, the Student confessed to their actions and was cooperative during the disciplinary process. The Panel also took particular note of the Student’s undertaking to never re-apply or re-enroll at the University.
The Panel imposed the following sanction: a final grade of zero in the Course; a five-year suspension; a seven-year notation on the Student’s academic record and transcript; and a report to the Provost for publication.