Case #435

Case #435


FILE: Case #435 (2006-2007)
DATE: no date provided
PARTIES: University of Toronto v. The Student

Hearing Date(s): May 10, 2006 and August 21, 2006

Panel Members:
Kirby Chown, Chair
Professor Sarah King, Faculty Panel Member
Ms Indra Muthu, Student Panel Member

Appearances:
Ms Lily Harmer, for the University
Mr. Zak Muscovitch for the Student
The Student, by arrangement, did not appear

Trial Division - s. B.I.3(a) of Code – forged academic records - falsified academic transcript and degree used in job application - adjournment with conditions attached - Agreed Statement of Facts – guilty plea – responsibility of students to act with honesty in their academic studies - see Preamble of Code – misrepresentation of marks received, courses taken and degree received - two separate acts of premeditated and deliberate conduct – deference shown to Joint Submission on Penalty – Joint Submission on Penalty accepted – recommendation that the Student be expelled as per s. C.ii.(b)(i) of Code; five-year suspension pending expulsion decision; and report to Provost

Student charged with two offences under s. B.I.3(a) of the Code. The charges related to allegations that the Student had falsified his academic transcript and created a false university degree suggesting he had obtained a Bachelor of Commerce Degree from the University and had used the documents as part of a job application in Japan. In response to a request by the Student for an adjournment, the Panel noted the difficulties the Student had presented to the University in its efforts to arrive at a hearing date and granted the request with conditions attached. The Parties submitted an Agreed Statement of Facts and the Student pleaded guilty to the charge. The panel accepted the guilty plea. The parties submitted a Joint Submission on Penalty. The Panel considered the responsibility, as described in the Preamble of the Code, of students to act with honesty as they pursue their academic studies and found that the Student misrepresented marks he had actually received, misrepresented courses he had taken and misrepresented receiving a degree, and that the Student’s course of conduct was premeditated and deliberate and involved two separate sets of deceitful acts. The Panel recognized that considerable weight should be given to the Joint Submission on Penalty and found no reason to depart from the proposed penalty. The Panel considered past Tribunal decisions in similar cases. The Panel accepted the Joint Submission on Penalty and imposed a recommendation to the President, further to s. C.ii.(b)(i) of the Code, that the Student be expelled from the University; a suspension of five-years pending the expulsion decision; and that a report be issued to the Provost.