Report #354

DATE: April 5, 2011
PARTIES: M.H.R. (the Student) v. Faculty of Applied Science and Engineering

Hearing Date(s): March 9, 2011

Committee Members:
Professor Emeritus Ralph Scane, Q.C., Chair
Professor Elizabeth Smyth
Oliver Sorin


For the Student Appellant:

M.H.R. (the Student)

For the University of Toronto, Faculty of Applied Science and Engineering:
Professor Thomas Coyle
Barbara McCann, Registrar

Faculty of Applied Science and Engineering – reinstatement – academic relief in two courses – reinstatement to the university – unexpected death -- standard relief in similar situations – Boocock-Will Formula – correct and fair application of Formula – impossibility of reinstatement under other remedies – appeal dismissed

Appeal of a decision of an Academic Appeals Board of the Faculty of Applied Science and Engineering decision denying the Student reinstatement to the University. While the initial appeal related to relief in two courses, the Student, on appeal to the Committee, broadened the appeal to reinstatement to the University. The Student had previously petitioned two courses, stating that he had received news of the death of his grandfather unexpectedly before the two examinations. The Committee on Examinations accepted the events as justifying the application of the Faculty of Applied Sciences and Engineering’s standard relief in such situations, the application of the Boocock-Will Formula. The formula examines a student’s ‘closely supervised’ term work, the results of the evaluation that is being petitioned and the class averages for each. If the application of the formula gives a mark higher than actually achieved in the course, the ‘assessed grade’ is substituted for the original mark. If it does not, the original mark stands. The Student argued that an error occurred in applying the formula. The Committee found that the Student’s calculation was not a proper application of the formula. The Committee concluded that the Faculty applied its rules correctly and fairly. The Committee further found that if other remedies, such as aegrotat or withdrawal without academic penalty applied to the courses, the Student would have had an even lower term average and reinstatement to the University would still be impossible. Appeal dismissed.