DATE:
November 21, 2023
PARTIES:
J.J. ("the Student"). v. Toronto School of Theology
HEARING DATE:
November 10, 2023
SENIOR CHAIR:
Hamish Stewart
SECRETARY:
Carmelle Salomon-Labbé, Associate Director, Office of Appeals, Discipline and Faculty Grievances
APPEARANCES:
FOR THE STUDENT APPELLANT:
The Student
FOR THE TORONTO SCHOOL OF THEOLOGY
Catherine Fan, Paliare Roland Rosenberg Rothstein LLP
The Student was enrolled in the Master of Theological Studies program at Knox College, which is part of the Toronto School of Theology (TST). The Student appealed a failing grade in a course, asking to receive either a notation of late withdrawal without penalty (LWD) or aegrotat standing (AEG) for the course.
In an earlier decision (Report #427), the Committee allowed the Student’s appeal and gave him an election as to the remedy, namely a choice between (i) resubmitting an essay and receiving a grade for the course and (ii) receiving a notation of incomplete (INC) in the course. As of the date of the hearing in this case, the Student had yet to make their election. The Student submitted to the Committee that the decision in Report #427 did not impose a “deadline” to make such decision.
TST applied for directions concerning the implementation of the remedy. The Senior Chair held that the Committee had jurisdiction to make directions concerning the implementation of a remedy. The Senior Chair agreed that their decision in Report #427 did not impose a deadline but held that the Committee intended the Student to make their election within a reasonable time. The Senior Chair also inferred that the Committee in Report #427 intended INC to be the default remedy. The Student stated that they required certain information from TST, namely an email between the course professor and the re-grader, before making their election and agreed to make their election promptly on receiving it.
The Senior Chair found that the Student had received the information he requested. The Senior Chair found that the Student was therefore in a position to make their election. In the event that the Student did not make an election within a reasonable time, the Senior Chair authorized TST to assign the Student a notation of INC.