Case #02-03-01

DATE: March 18, 2003
PARTIES: University of Toronto v. S.R.
Hearing Date(s): January 21, and February 26, 2003

Panel Members:
Janet E. Minor, Associate Chair
Chris Ambidge, faculty member
Maria Kang, student member

Shaun Laubman, DLS, for S.R.
Lily I. Harmer, for the University
Eric Moore, Senior Lecturer, UTSC
Diane Kruger, Forensic Document Examiner
S.R., accused

Trial Division - s. B.i.3(a) of Code – forged document - resubmitted altered mid-term test - individual monitored e-mail, obtained test and forged substitute document – alleged error by markers of test – position and evidence not credible – finding of guilt – premeditation and considerable effort - test not significant part of final mark – significant sanction required to deter future occurrences - grade assignment of zero for course; 18-month suspension; three-year notation on transcript; and report issued to Provost

Student charged under s. B.i.3(a), and alternatively, under s. B.i.1(a) and s. B.i.3(b) of the Code. The charges related to allegations that the Student resubmitted an altered mid-term test paper. The Student claimed that an individual monitored his e-mail, obtained his test paper and forged a substitute back page. The Student also claimed that an error had been made by the markers of the test. The Panel found that even if there were an error, it could not accept the Student’s claim that he would not notice have noticed it. The Panel found that the Student’s position and his evidence were not credible by any standard. The Panel found the Student guilty of the charge under s. B.i.3(a) of the Code. The Panel found that the offence demonstrated premeditation and took considerable effort to commit. The Panel found that despite the fact that the test was not a significant part of the final mark in the course, the fact that the Student had made such effort to advance his position through dishonesty required a significant sanction to deter future occurrences. The Panel imposed a grade of zero in the course; an 18-month suspension; a three-year notation on the Student’s academic record and transcript; and that a report be issued to the Provost.