Case #556

DATE: October 20, 2009
PARTIES: University of Toronto v. P.D.


Hearing Date(s): September 28, 2009

Panel Members:
Ronald G Slaght, Chair
Lesley Ann Lavack, Faculty Member
Sybil Derrible, Student Member


Appearances:
Ms. Lily Harmer, Assistant Discipline Counsel for the University
Ms. Mariam MacGregor, Clinic Director, Community Legal Aid Services Program, for the Student
Ms. Phanny Im, Legal Case Worker, Community Legal Aid Services Program, for the Student


In Attendance:
P.D., the Student
Ms. Lucy Gaspini, Academic Affairs Officer, Office of the Dean, University of Toronto Mississauga
Prof. Scott Graham, Dean's designate for Academic Offences, University of Toronto Mississauga

Trial Division – academic dishonesty and forged documents - medical notes – guilty plea – third party implicated – agreed statement of facts and joint submission on penalty – guilty plea - finding of guilt –deliberate conduct – accepting joint submission on penalty does not bring administration of justice into disrepute – character references - joint submission on penalty accepted – two year suspension; three year transcript notation; report to the Provost

Student was charged with several offences involving forged medical notes and dishonesty. Student and the University filed and Agreed Statement of Facts and Joint Book of Documents to the Tribunal, and the Student plead guilty to Charges 1 and 6 set out in the Notice of Hearing. The Tribunal found the Student guilty of those offences and heard submissions on penalty. The Tribunal noted the serious nature of the offences in that the Student’s conduct was 1) deliberate, 2) designed to embroil another student in acts of dishonesty, 3) denied by the Student until March 2009. The Tribunal found that accepting the joint submission on penalty would not bring the administration of justice into disrepute, although it was close to finding so. The Tribunal noted the Student’s character references, apology, counselling, and that the guilty plea and agreed statement of facts spared the Tribunal a long and difficult hearing. The Tribunal accepted the joint submission on penalty and imposed the penalty of: 1) a two year suspension, 2) a three year transcript notation, and 3) a report to the Provost.