Case #504

DATE: October 22, 2008
PARTIES: University of Toronto v. M.A.

Hearing Date(s): July 16, 2007

Panel Members:
Ms. Jane Pepino, Chair
Professor Marc Lewis, Faculty
Ms. Melany Bleue

Mr. Steve Frankel, Student Legal Representative, DLS
Mr. Mike Hamilton, Assistant Legal Representative, Downtown Legal Services
M.A., the Student
Mr. Robert Centa, Assistant Discipline Counsel for the University
Ms. Lucy Gaspini, Dean;s Designate, UTM

Trial Division – s. B.i.1(a), s. B.i.1(d) and s. B.i.1(b) of Code – forged documents and plagiarism –Medical Note and course work – Agreed Statement of Facts – guilty plea – Joint Submission on Penalty – mitigating factors that Student pleaded guilty and cooperated with discipline process and offences occurred at approximately the same time – Joint Submission on Penalty accepted – grade assignment of zero for two courses; three-year suspension; three-year notation on transcript; and report to Provost

The Student was charged under s. B.i.1(a), s. B.i.1(d), and s. B.i.1(b) and alternatively, two charges under ss. B.i.3(b) of the Code. The charges related to allegations that the Student forged or altered a medical note submitted in connection with a missed test in one course and that he plagiarized or received unauthorized assistance in connection with a paper submitted in another course. The matter proceeded based upon an Agreed Statement of Facts. The Student pleaded guilty to the charges under s. B.i.1(a) and s. B.i.1(d). On the basis of the Agreed Statement of Facts and the submissions of both parties, the Panel accepted the plea. The parties submitted a Joint Submission on Penalty. The University submitted that two mitigating factors explained the leniency of the proposed penalty in respect of the plagiarism offence: the Student admitted guilt early in the process and cooperated fully with the University; and the two offences occurred at approximately the same time with no intervention between them. The Panel found the joint submission to be appropriate. The Panel imposed a grade of zero in the two courses; a three-year suspension; a three-year notation on the Student’s academic record and transcript; and that a report be issued to the Provost.