Case #578 & 583

DATE: December 16, 2010
PARTIES: University of Toronto v. D. W. and H.L.


Hearing Date(s): November 23, 2010

Panel Members:
Paul Schabas, Chair
Professor Nick Cheng, Faculty Member
Elena Kuzmin, Student Member

Appearances:
Lily Harmer, Assistant Discipline Counsel for the University
Daniel Goldbloom, DLS for the Student

In Attendance:
Professor Eleanor Irwin, Dean’s Designate

Trial Division – s. B.I.1.(c); s. B.I.1(a); s. B.I.1(d); s. B.I.3(b) of Code – impersonating another Student – male impersonating female student – forged Ontario driver’s licence – falsified University of Toronto student card – possession of unauthorized aids – Agreed Statement of Facts– guilty plea - acceptance of guilt by Panel – Joint Submission on Penalty – no mitigating factors – premeditation – likelihood to reoffend – high degree of planning – Joint Submission on Penalty Accepted – grade assignment of zero for courses; five-year suspension; recommendation to the President that the Student(s) be expelled; and report to Provost

D.W. initially charged with five offences under s. B.I.1.(c), s. B.I.1(a), and s. B.I.3(b) of the Code. D.W. further charged with nine additional offences under s. B.I.1(c), s. B.I.1(b), s. B.I.1(d), and s. B.I.3(b) of the Code. H.L. initially charged with three offences under s. B.I.1(c), s. B.I.3(a), and s. B.I.3(b) and further charged with thirteen offences under s. B.I.1(c), s. B.I.1(b), s. B.I.1(d), and s. B.I.3(b) of the Code. The charges relate to the allegations that D.W. attended a final examination misrepresenting himself as H.L., obtained a University of Toronto student identification under H.L.’s name using a forged Ontario driver’s license. Further charges include allegations that D.W. and H.L. impersonated each other on two other occasions, that the students used unauthorized aids in the form of external sources and prewritten answers, and that the students had identical answers in previous exams in other courses. The matter proceeded on an Agreed Statement of Facts. D.W. pled guilty to ten of the charges. H.L. pled guilty to ten of the charges. The guilty plea was accepted by the Panel and convictions of guilt registered. The University withdrew the remaining charges. A Joint Submission on Penalty was presented for each accused. The Panel heard the severity of the academic misconduct, noting that the case affected seven courses for H.L. and three courses for D.W. The misconduct required a high degree of planning, involving forging student identification and a Government of Ontario driver’s license. Discipline Counsel noted that the students cheated extensively even after they were caught demonstrating a likelihood of repetition. No extenuating circumstances were put forward. The Panel noted a pattern of complete disregard for academic honesty and deliberate disregard based on careful planning and premeditation. The Joint Submission on Penalty was accepted. The Panel imposed a final grade of zero in seven courses, a five-year suspension, a recommendation of expulsion to the President of the University, and that a report to the Provost be issued for H.L. The Panel imposed a final grade of zero in three courses, a five-year suspension, a recommendation of expulsion to the President of the University, and that a report to the Provost be issued for D.W.