Case #975

DATE: October 26, 2018

PARTIES: University of Toronto v. K.S. (“the Student”)
Hearing Date(s): July 31, 2018
Panel Members:
Ms. Dena Varah, Barrister and Solicitor, Chair
Professor Pascal van Lieshout, Faculty Tribunal Member
Ms. Alice Zhu, Student Member
Appearances:
Ms. Lily Harmer, Discipline Counsel, Paliare Roland Rosenbert Rothstein LLP
Ms. Jacqueline Cummins, Law Clerk, Paliare Roland Rosenbert Rothstein LLP
Ms. Christina Di Matteo, Academic Integrity Specialist, Faculty of Arts and Science
Mr. Brian Alexic, lT Support, Office of the Governing Council
Ms. Krista Osbourne, Administrative Clerk and Hearing Secretary, Office of the Appeals, Discipline, Faculty Grievances
Not in Attendance:
The Student
Trial Division - s. B.i.3(a) – forging or falsifying an academic record – forged transcript – student did not attend hearing – suspension of five years pending expulsion and a report to the Provost with the Student’s name withheld.
The Student was charged with two charges of forging or falsifying an academic record contrary to s.B.i.3(a) of the Code, or in the alternative, two charges of academic dishonesty not otherwise described contrary to s. B.i.3(b) of the Code. The charges related to an application that the Student had made to an employment agency which contained a forged Certificate of Degree and Academic History for the Student. The Student did not attend the hearing. In finding that the University had taken appropriate steps to notify the Student of the hearing, the Tribunal heard evidence on behalf of the University and Discipline Counsel to the effect that numerous attempts had been made to contact the Student via email, courier, and telephone. The hearing proceeded in the Student’s absence.
The Tribunal found that the Student was guilty of both counts of forging an academic record on the basis of affidavit evidence that the Student had provided a Certificate of Degree and an Academic History to an employment agency in India that did not reflect the Student’s performance at the University. The University withdrew the alternative charges. The Tribunal accepted the University’s submission on penalty, given the seriousness of the offence and the lack of any evidence of mitigating circumstances without the Student’s participation in the process. The Tribunal ordered: an immediate suspension for a period of up to five years; a recommendation to the President that the Student be expelled; and that the case be reported to the Provost with the Student’s name withheld.