Report #329

DATE: March 18, 2009
PARTIES: Mr. G. G (the Student) v. UTSC

Hearing Date(s): February 19, 2009

Committee Members:
Assistant Dean Kate Hilton, Chair
Professor Brian Corman
Professor Elizabeth Cowper
Mr. Kenneth Davy
Professor Michael Marrus

In Attendance:

Ms. Mette Mai, Assistant Judicial Affairs Officer
Mr. G. G (the “Student”)
Professor John Scherk, Vice-Dean, UTSC

UTSC – request to re-write final examination for a second time – mental stress from attempted suicide of family member – no medical evidence of mental distress – student able to complete three other exams during same time period – petition to re-write examination filed after results had been received – minority opinion that proximity between incident and examination made the Student’s situation different – appeal dismissed

Request to re-write a final examination for a second time. The Student was ill with gastroenteritis when writing the examination the first time and did poorly. The Registrar granted the Student a re-write, however he became ill with pneumonia. The Registrar allowed the Student to defer the examination. The day before the deferred examination date the Student’s uncle attempted suicide. The Student wrote the exam on the deferred date but did poorly. The Student petitioned to re-write the examination for a second time, on the grounds that he was unable to focus due to the suicide attempt. The petition was denied on the basis that the Student had been able to complete three other exams during the same time period and under the same circumstances. The Committee considered the fact that there was no medical evidence to support the Student’s claim that his mental distress was sufficiently acute to prevent him from concentrating on his examination and that the Student did not petition to re-write the examination until after he had received his results. The majority of the Committee found that there was insufficient evidence to grant another opportunity to re-write the examination. A minority of the Committee dissented, having found that the proximity in time between the uncle’s suicide attempt and the examination in the course made the Student’s situation different from that experienced in his other examinations. That member would have granted the Student’s petition to re-write the examination. Appeal dismissed.