Case #04-05-04

DATE: April 11, 2005
PARTIES: University of Toronto v. Ms. Y.L.

Hearing Date(s): March 30, 2005

Panel Members:
Ronald G. Slaght, Q.C., Chair
Candace Ikeda-Douglas, Student Panel Member
Ikuko Komuro-Lee, Faculty Panel Member

Lily Harmer, for the University of Toronto
L., appearing on her own behalf

Trial Division - s. B.i.1(b) of Code – unauthorized aid – possession of formulae relevant to subject matter of exam – Agreed Statement of Facts – guilty plea – Joint Submission on Penalty – second academic offence – second offence occurred in term immediately following first offence – offence committed in honour system - offence discovered by chance – deterrent required – grade assignment of zero for course; two-year suspension; two-year notation on transcript; and report issued to Provost

Student charged under s. B.i.1(b), and alternatively, under s. B.i.3(b) of the Code. The charges related to allegations that the Student knowingly possessed an unauthorized aid during the writing of a final examination, in the form of notes of formulae relevant to the subject matter of the exam. The parties submitted an Agreed Statement of Facts. The Student pleaded guilty to the charge under s. B.i.1(b) of the Code. The Panel considered the physical and written evidence, the Agreed Statement of Facts and the relevant sections of the Code and accepted the Student’s plea. The parties submitted a Joint Submission With Respect to Sanction. The Panel considered the Joint Submission With Respect to Sanction and reviewed the book of tribunal decisions submitted by the University. In accepting the Joint Submission With Respect to Sanction, the Panel found that the most important feature was that the offence was the Student’s second of a similar nature and that the second offence occurred in the academic term immediately following the first offence, not withstanding a warning from the Dean. The Panel found that the Student had agreed to the sanctions, that the offence was a serious offence committed in an honour system, and that the discovery of the offence was a matter of chance, which required that there be seen to be a deterrent to others who may engage in similar conduct. The Panel imposed a grade of zero in the course; a two-year suspension; a two-year notation on the Student’s academic record and transcript; and that a report be issued to the Provost.