Case #613

DATE: April 5, 2011
PARTIES: University of Toronto v. U.H.

Hearing Date(s): December 1, 2010

Panel Members:
Ira Parghi, Chair
Professor Charmaine Williams, Faculty Member
Jack Brockman, Student Member

Robert Centa, Assistant Discipline Counsel for the University
Mr. S.H., the Student’s father

In Attendance:
Lucy Gaspini, Academic Affairs Officer, UTM

Trial Division – s. B.I.3(a); s. B.I.3(b) of Code – falsified academic record – Agreed Statement of Facts – guilty plea – finding of guilt – Joint Submission on Penalty – Joint Submission on Penalty accepted - five-year suspension; recommendation to the President that the Student be expelled; and report to Provost

Student charged with six offences under s. B.I.3(a) and s. B.I.3(b) of the Code. The charges related to the allegations that the Student misrepresented her academic record. The Student allegedly misrepresented her academic record in communications with professors, provided a falsified academic record, and requested letters in support of the misrepresented academic record. The Student could not attend the hearing and was represented by her father. The matter proceeded on an Agreed Statement of Facts. The Student pled guilty to all six charges. The Panel accepted the Student’s guilty plea. Three charges under s. B.I.3(b) were withdrawn by the University. The matter then proceeded on a Joint Submission on Penalty. Discipline Counsel reminded the Panel that there is a high threshold for refusing to accept a Joint Submission on Penalty, stating that the Panel would have to be of the view that in order to not accept the submission, the Panel would have to find that accepting the joint submission would bring the administration of justice into disrepute. The Panel concluded that this was not the case. The Panel agreed that based on the case law, the offences to which the Student had admitted very often lead to expulsion. The Panel accepted the Joint Submission on Penalty and held that it fell within the appropriate range of sanctions. The Panel imposed a five-year suspension, a recommendation to the President that the Student be expelled and that a report to the Provost be issued.