Case #441

DATE: January 28, 2005
PARTIES: University of Toronto v. The Student


Hearing Date(s): May 31, 2006 and August 15, 2006

Panel Members:
Laura Trachuk, Chair
Professor Stéphane Mechoulan, Faculty Panel Member
Ms Indra Muthu, Student Panel Member

Appearances:
Ms Lily Harmer for the University of Toronto
Mr. Earl S. Heiber for the student
The Student

Trial Division - s. B.i.3(a) of Code – forged academic records - falsified academic records submitted to mislead faculty members into supporting dental school application – adjournment with conditions attached - Agreed Statement of Facts – guilty plea – proposed penalty reflected nature of offences and sent deterrence message – 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 - cost of external disbursements requested – see case of Mr. K and s. C.II.a.17(b) of Code - costs awarded - Student ordered to pay costs no later than six months from hearing date

Student charged with two offences under s. B.i.3(a), and alternatively, under s. B.i.3(b) of the Code. The charges related to allegations that the Student twice submitted falsified academic records, including presenting a false transcript to a professor, in an effort to mislead faculty members into supporting his application to dental school. 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. The Student pleaded guilty to the charges. The Panel accepted the guilty plea. The parties submitted a Joint Submission on Penalty. The Panel considered past decisions of the Tribunal in similar cases. The Student agreed with the University regarding the seriousness of the offences, acknowledged the offences, accepted the consequences and noted that he was appearing before the Tribunal to take responsibility for his actions. The Panel found that the proposed penalty appropriately reflected the serious nature of the offences and appropriately sent the message that the University took such matters seriously. 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; a five-year suspension pending the expulsion decision; and that a report be issued to the Provost. The University requested that the Panel award the cost of external disbursements incurred in its efforts to contact the Student and set a hearing date. The Panel considered the nature of the University’s efforts, the Tribunal's decision in the case of Mr. K, s. C.II.a.17(b) of the Code and the Student’s request that, if costs were awarded, he be allowed six months to remit payment. The Panel ordered that the Student pay the costs requested no later than six months from the date of the hearing.