Report #351

DATE: November 25, 2010
PARTIES: S.M. (the Student) v. University of Toronto, Faculty of Applied Sciences and Engineering


Hearing Date(s): November 19, 2010

Committee Members:
Assistant Dean Kate Hilton, Chair
Professor Robert Baker
Professor Ellen Hodnett
Professor Henry Mann
Olivier Sorin

Appearances:

For the Student Appellant:
S.M. (the Student)

For the University of Toronto, Faculty of Applied Sciences and Engineering:
Professor Thomas Coyle, Assistant Professor & Interim Associate Chair, Undergraduate Studies
Khuong Doan, Associate Registrar

University of Toronto, Faculty of Applied Sciences and Engineering – late withdrawal without academic penalty – medical illness – family circumstances – financial circumstances– extraordinary remedy – demonstrable unforeseen change in circumstances – no medical evidence – no compelling evidence – test for late withdrawal without academic penalty not met – appeal dismissed

Appeal of a decision to deny the Student his petition for a late withdrawal without academic penalty. The Student had previously enrolled in the Faculty of Applied Science and Engineering but had to withdraw due to family circumstances. The Student took a year off and returned to the University. Personal circumstances persisted and affected the Student’s ability to focus on his studies. The Student experienced academic difficulty throughout the term, but persisted and wrote his final examinations. The Student failed the term and was expelled from the program. The Committee rejected the Student’s appeal. The Committee accepted that the Student was distressed by difficult family and financial circumstances and that the Student’s performance was affected. The Committee held, however, that such a finding was insufficient to merit the extraordinary remedy of late withdrawal without academic penalty. The Committee held that the Student would have had to demonstrate that his situation had deteriorated so dramatically following the drop date that it amounted to an unforeseen change in circumstances rather than an extension of existing circumstances. The Committee held that the Student did not present any medical or other compelling evidence to support his argument. The Committee concluded that the test was not met. Appeal dismissed.