Case #423

DATE: November 2005 (no exact date provided)
PARTIES: University of Toronto v. The Student
Hearing Date(s): August 31, 2005

Panel Members:
Mr. Raj Anand, Chair
Professor Melanie Woodin, Faculty Panel Member
Ms Sujata Pokhrel, Student Panel Member

Rob Centa, for the University of Toronto
Mark Lapowich, appearing on behalf of the Student
The Student

Trial Division - s. B.i.l(a) and s. B.i.3(a) of Code – forged documents - falsified document substituted for test after the fact – guilty plea to s. B.i.l(a) of Code – Agreed Statement of Facts - Joint Submission on Penalty – premeditated offence impacted significantly on integrity of University – possibility for rehabilitation – Joint Submission on Penalty accepted – grade assignment of zero for course; one-year suspension; one-year notation on transcript; and report to Provost

Student charged under s. B.i.l(a) and s. B.i.3(a), and alternatively with three offences under s. B.i.3(b) and two offences under s. B.i.l(b) of the Code. The charges related to allegations that the Student substituted a falsified document for a test in an attempt to secure a higher grade after the fact. The Student pleaded guilty to the charge under s. B.i.l(a) of the Code. The parties submitted an Agreed Statement of Facts. The Panel accepted the Student’s guilty plea. The parties submitted a set of Agreed Facts Relevant to Penalty and a Joint Submission on Penalty. The Panel found that the offence required premeditation and had a significant impact on the integrity of the University and its processes. The Panel considered the mitigating facts of the Student’s recognition and acceptance of responsibility in the form of a guilty plea, the Student’s serious and significant psychiatric difficulties, which were supported by medical evidence, the character references on the Student’s behalf and the evidence of the Student’s motivation and involvement in the University, and found that the Student was a good candidate for rehabilitation. The Panel accepted the Joint Submission on Penalty and imposed a grade of zero in the course; a one-year suspension; a one-year notation on the Student’s academic record and transcript; and that a report be issued to the Provost.