Report #302

DATE: July 26, 2005
PARTIES: Ms V. R. (the Appellant) v. UTSC


Hearing Date(s): July 5th, 2005

Committee Members:
Assistant Dean Bonnie Goldberg, Chair
Professor Clare Beghtol
Ms Coralie D’Souza
Professor Michael Marrus
Professor John Wedge

Judicial Affairs Officer:
Mr. Tony Gray

In Attendance:
Ms V. R., the Appellant
Associate Dean Nick Cheng, UTSC

UTSC – late withdrawal without academic penalty – mental and physical difficulties following accident – divisional remedy to re-write examination unreasonable as condition worsened – Committee opinion that monetary relief should not be provided – appeal allowed – late withdrawal without academic penalty granted

Request to withdraw late without academic penalty from one course. The Student claimed that she suffered unforeseeable mental and physical difficulties following a car accident and was unable to participate in the course from mid–March until the end of term. The Division Appeal Committee granted permission to re-write the final examination. The Student rewrote the examination but also continued the appeal, seeking the original remedy. The Committee found that that the divisional remedy to re-write the examination was unreasonable in light of the factors contributing to the Student’s inability to participate in the course. The Committee accepted the Student’s contention that already pre–existing circumstances became significantly more severe following the drop date and that it was not possible to foresee her worsening medical condition. Appeal allowed. Late withdrawal without academic penalty granted. The Committee observed that although it does not have jurisdiction to make such orders, it accepts that students should not be entitled to refunds of courses for which they are granted late withdrawal without academic penalty.