FILE:
Case # 1359 (2022-2023)
DATE:
October 27, 2022
PARTIES:
University of Toronto v. H.C. (“the Student”)
Hearing Date(s):
September 16, 2022, via Zoom
Panel Members:
Ira Parghi, Chair
Professor Paul Kingston, Faculty Panel Member
Lauren Membreno-Lepore, Student Panel Member
Appearances:
Lily Harmer, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
Arshia Hassani, Student Representative, Downtown Legal Services
The Student
Hearing Secretary:
Christopher Lang, Director, Office of Appeals, Discipline and Faculty Grievances
The Student was charged under s. B.i.1(d) Code of Behaviour on Academic Matters, 1995 (the “Code”) on the basis that they knowingly represented as their own an idea or expression of an idea or work of another in an essay. In the alternative, the Student was charged with knowingly engaging in a form of cheating, academic dishonesty or misconduct, fraud or misrepresentation not otherwise described in the Code in order to obtain academic credit or other academic advantage in connection with an essay, contrary to s. B.i.3(b) of the Code.
The hearing proceeded on the basis of an Agreed Statement of Fact (“ASF”). The ASF outlined that the Student submitted their essay through Turnitin.com which returned a similarity index of 31% where 27% of the matches identified by Turnitin.com were to other student papers submitted at other educational institutions. The ASF further outlined that at the Dean’s meeting the Student admitted that they had purchased the essay from an online source. The ASF contained the same admission along with an admission that the Student did no meaningful academic work on the essay. After considering the documents contained in the Joint Book of Documents and the ASF, the Panel was satisfied on a balance of probabilities that the Student knowingly represented as their own an idea or expression of an idea, and/or the work of another. The Panel accepted the Student’s guilty plea in respect to the offence under s. B.i.1(d) of the Code. The University withdrew the alternative charge.
The Panel received a Joint Book of Documents re Sanction which included a Joint Submission on Penalty (“JSP”). The Joint Book of Documents re Sanction contained an affidavit from the Student outlining various personal difficulties that the Student was experiencing at the time they committed the offence. The Student’s affidavit also voiced regret and remorse for the wrongdoing. The Panel noted that the Tribunal is not bound by the JSP, however, the case law is clear that a JSP should only be disregarded where giving effect to the sanction would be contrary to the public interest or would bring the administration of justice into disrepute. In considering the JSP, the Panel reviewed the principles and factors relevant to sanction as articulated in University of Toronto and Mr. C. (Case No. 1976/77-3, November 5, 1976). The Panel considered the serious nature of the offence and the great detriment to the University and its students. The Panel noted that there is a strong need to deter others from committing a similar offence as this type of offence poses a grave threat to the integrity of the University’s processes for evaluating students, is profoundly unfair to other students, and jeopardizes the University’s reputation. The Panel also considered the Student’s personal circumstances at the time of the commission of the offence. The Panel noted that the Student was experiencing mental health issues and several personal and family challenges, some of which were brought on or exacerbated by the COVID pandemic. Furthermore, the Panel noted that the Student plead guilty early on in the process which demonstrated insight and remorse for their actions. The Panel was satisfied that the aforementioned factors were appropriately reflected in the JSP and that penalty requested by the parties in the JSP was reasonable and appropriate. The Panel imposed the following sanctions: a grade of zero in the course; a four-year suspension; a five-year notation on the Student’s transcript; and a report to the Provost for publication.