Report #259

DATE: December 14, 2002

Hearing Date(s): November 26, 2001

Committee Members:
Assistant Dean Jane Kidner, Acting Chairperson
Professor Philip Byer
Professor Olga Pugliese
Professor Donna Wells
Ms. Wendy Swinton

Mr. Paul Holmes, Judicial Affairs Officer

In Attendance:

For the Student:
Mr. R.N. Mr. Craig Coughlen, Downtown Legal Services

Professor Ian McDonald, Associate Dean

UTSC – late withdrawal without academic penalty and request to defer a three–year suspension – chronic illness and depression – insufficient medical evidence – consequences of failing the course known – remained in course while dropping another – not probable that depression was cause of failed exam or decision not to withdraw from course – appeal dismissed

Request for late withdrawal without academic penalty from one course, and to defer a three–year suspension, based on medical and compassionate grounds. The Student failed the course and he was subsequently placed on three–year suspension. The Student had a previous three–year suspension deferred. During the relevant time period the Student suffered a series of setbacks in his personal and professional life. The Student claimed that his chronic sinusitis, in conjunction with his depression caused him to fail the final exam and interfered with his ability to make the rational decision to withdraw from the course. The Committee considered the medical and other evidence submitted by the Student and found that the medical evidence did not meet the test for granting the remedy of late withdrawal. The Student had been warned in writing and knew the consequences of failing the course, and the Student had decided to drop another course in which he had been enrolled during the term, yet decided to remain in the course at appeal. The Committee was not satisfied on a balance of probabilities that even if the Student had been suffering from a depression, that the depression was the cause of his failed exam or his decision not to withdraw from the course prior to the course deadline for withdrawal. Appeal dismissed.