Case #869 - Finding

Case 869 - Sanction

DATE: May 1, 2017
PARTIES: University of Toronto v. H.L. ("the Student")

Hearing Date(s): February 21, 2017

Panel Members:
Ms. Johanna Braden, Barrister and Solicitor, Chair
Professor Faye Mishna, Faculty Panel Member
Mr. Eric Bryce, Student Panel Member

Ms. Lily Harmer, Assistant Discipline Counsel, Paliare Roland, Barristers
Ms. Eva Mak, Barrister and Solicitor, Counsel for the Student
Dr. Martha Harris, former Academic Integrity Officer, Office of Student Academic lntegrity, Faculty of Arts and Science
The Student

In Attendance:
Ms. Tracey Gameiro, Associate Director, Office of Appeals, Discipline and Faculty Grievances
Mr. Sean Lourim, Technology Assistant, Office of the Governing Council

Trial Division - ss. B.i.1(a), B.i.1(b) of Code - falsified document and unauthorized aid - - student attended final exam but submitted a pre-written document in lieu of exam-- finding of guilt on use of unauthorized aid - charge on falsifying exam dismissed as Tribunal not convinced student knew the exam she submitted was a forgery

The Student was charged with falsifying a document and using an unauthorized aid under ss. B.i.1(a) and B.i.1(b) of the Code, and alternatively, academic dishonesty under s. B.i.3(b) of the Code. The Student attended the final exam in a course but surreptitiously submitted a document composed of answers to previous years' questions instead of writing the current exam.

The Tribunal found the Student guilty of using an unauthorized aid, and the academic dishonesty charge was withdrawn. However, the Tribunal was not convinced that the Student knowingly falsified the exam. It could have been that the Student believed the false exam she had obtained was an advance copy of the actual exam, in which case she would not be guilty of forgery but only of possession of an unauthorized aid. Thus, the Student was found not guilty on this charge.

Penalty was left to a subsequent hearing.