Case #497

DATE: August 11, 2008
PARTIES: University of Toronto v. Mr. O.M.


Hearing Date(s): May 29, 2008

Panel Members:
John A. Keefe, Chair
Prof. William Weiss, Faculty Panel Member
Ms. Sujata Pokhrel, Student Panel Member

Appearances:
Ms. Lily Harmer, Assistant Discipline Counsel for the University
Mr. Maurice Vaturi, Council for the Student

Trial Division – unauthorized aid - substituting completed test booklet for blank booklet during in-class test – factual issue – insufficient evidence to satisfy onus of proof on University – possibilities inconsistent with inference of guilt – student not guilty

Student charged under the Code. The charges related to allegations that the Student brought a completed test booklet to an examination room and substituted it for a blank booklet during an in-class term test. The Student denied the allegations. The Tribunal considered whether the act occurred and if so whether there was sufficient evidence to prove the allegations. The Panel considered all the evidence, including the testimony of the course professor and Student and the Student’s academic history, and weighed all the available inferences from the circumstantial evidence, and found that the fact that the Student submitted an unstamped booklet of a slightly different colour was insufficient to satisfy the onus of proof on the University as stated in the Code. The Panel found the Student not guilty.