DATE: November 3, 2009
PARTIES: University of Toronto v. K.K.
Hearing Date(s): February 10, 2009, May 25, 2009
Ms. Kirby Chown, Chair
Prof. Graeme Hirst, Faculty Member
Mr. Nikola Cunjak, Student Member
Ms. Lily Harmer, Assistant Discipline Counsel for the University
Trial Division – s.B.1.3(b) and s.B.1.3(a) of the Code – academic dishonesty or misconduct – forged academic record – made misrepresentations to a professor and assistant registrar in order to convocate – Student did not attend hearing -- reasonable notice given to the Student -- finding of guilt – adjournment for sentencing – sentencing factors in Mr. C – seriousness of offence – no mitigating factors or extenuating circumstances – University submission on penalty accepted – Panel ordered: recommendation of expulsion; grade of zero in the course; report to the Provost.
The Student was charged with eight charges, four of which were under s.B.1.3(b), and four of which were under s.B.1.3(a) of the Code. The charges stemmed from allegations that the Student had provided false information to a Professor and an associate registrar in order to convocate. The Student did not attend the Hearing. The Panel found that reasonable notice of the Hearing was given to the Student.The University proceeded on the four charges under s.B.1.3(b) and withdrew the other four charges. The University called four witnesses: the Professor, the associate registrar, the TA, and an expert from University of Toronto Computing and Network Services. The Tribunal found the student guilty on all four charges. The hearing was adjourned for sentencing. The student did not attend the sentencing hearing. The Panel considered the sentencing factors in Mr. C (November 5, 1976). The nature of the offence was held to be serious and a direct assault to the academic integrity of the University. There were no mitigating or extenuating circumstances available due to the Student’s absence. The Panel accepted the University’s submission on penalty and ordered: a recommendation of expulsion; a grade of zero in the course; and a report to the Provost.