Case #607

Case 607 - Finding
Case 607 - Sanction

DATE: January 31, 2011
PARTIES: University of Toronto v. L.M.


Hearing Date(s): February 17, 2011

Panel Members:
Ronald Slaght Q.C., Chair
Professor Bruno Magliocchetti, Faculty Member
Alice Kim, Student Member

Appearances:
Robert Centa, Assistant Discipline Counsel for the University, Paliare Roland Barristers

Appearances For Hearing Regarding Guilt Only:
Lawrence Geffen, Counsel for the Student
Meredith Rappaport, Assistant, Test and Exam Services
Andrea Burden, Exam Invigilator
Chrystia Wynnyckyj, Exam Invigilator
Anthony Cantor, Course Instructor

In Attendance:
Dr. Francis Ahia, Associate Director, Transitional Year Program
L.M., the Student

In Attendance For Hearing Regarding Guilt Only:
Jessica Latimer, Articling Student, Paliare Roland Barristers

Trial Division – s. B.I.1(d); s. B.I.1(b); s. B.I.3(b) of Code – plagiarism – unauthorized use of an aid during an examination – notes – hearing attended – finding on evidence of guilt – no prior academic offences – University submission on penalty accepted - grade assignment of zero for course; two-year suspension; two-year notation on transcript; and report to Provost

Student charged under s. B.I.1(d), s. B.I.1(b), and s. B.I.3(b) of the Code. The charges related to the allegations that the Student committed plagiarism in a final examination, as well as possessing and using an unauthorized aid during a final examination. The Panel found the Student guilty on the evidence of two offences, s. B.I.1(d) and s. B.I.1(b). The University withdrew the charge under s. B.I.3(b). The Panel considered submissions from both the University and the Student. The Panel was satisfied with the penalty the University sought. The Panel held that they were bound to the decisions of relevant cases. The Panel found that the minimum penalty for a conviction of an offence of plagiarism alone was a two-year suspension. The Panel held that, since they had found not only plagiarism, but the unauthorized use of an aid, it was not possible to register a sanction less than the minimal two-year suspension. The Panel accepted the University’s submission on penalty and imposed a final grade of zero in the course, a two-year suspension, a notation on the Student’s transcript for the period of suspension, and that a report to the Provost be issued.