DATE:
February 24, 2023
PARTIES:
University of Toronto v. J.S. ("the Student")
HEARING DATE:
November 24, 2022, via Zoom
PANEL MEMBERS:
Paul Morrison, Chair
Professor Glen Jones, Faculty Panel Member
Farhana Islam, Student Panel Member
APPEARANCES:
Lily Harmer, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
HEARING SECRETARY:
Ms. Krista Kennedy, Administrative Clerk and Hearing Secretary, Office of Appeals, Discipline and Faculty Grievances
The Student was charged with two counts of knowingly forging or in any other way altering or falsifying an academic record, and/or uttering, circulating or making use of such forged, altered or falsified record, whether the record be in print or electronic form, namely a University of Toronto transcript and a letter confirming their eligibility to graduate, which they submitted to Canadian Border Services Agency (“CBSA”), contrary to section B.i.3(a) of the Code. In the alternative, the Student was also charged with knowingly forging or in any other way altering or falsifying a document or evidence required by the University, and/or uttering, circulating or making use of such forged, altered or falsified of the letter submitted to CBSA, contrary to section B.i.1(a) of the Code. In the alternative to these three charges, the Student was also charged for 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 of any kind, by submitting the transcript and the letter to CBSA, contrary to section B.i.3(b) of the Code.
The Student did not attend the hearing. The University tendered evidence that the Student had sent an email to counsel for the University, from which it was apparent that the Student was aware of the charges against them and that the University was proceeding to prosecute those charges. In light of the University’s evidence and submissions, the Panel was satisfied that the Student had received reasonable notice of the hearing. The Panel ordered that the hearing proceed in the absence of the Student.
The CBSA sought authentication from the University of two documents received by the CBSA from the Student, who had submitted them as part of their application for a post-graduate work permit. The letter purported to be from the Associate Registrar of the University, certifying that the Student had completed the requirements for an Honours Bachelor of Arts Degree. The other document purported to be the Student’s academic transcript from the University, indicating that they had earned 20.0 credits from the University with a Cumulative Grade Point Average (“CGPA”) of 3.78. The University provided the Panel with a detailed comparison of the transcript received by the CBSA and the Student’s official transcript. This evidence outlined discrepancies relating to credits earned, course enrolments, grades, CGPA, and academic status. In light of the University’s evidence and submissions, the Panel entered a finding of guilt and a conviction on both counts under section B.i.3(a) of the Code. The University withdrew the alternative charges.
In determining sanction, the Panel considered evidence that the Student had a lengthy prior history of academic violations. It accepted that forgery or falsification of a transcript is among the most serious offences a student can commit. It noted that forged transcripts and academic records negatively impact the entire University community and undermine the credibility and standing of the University and of a student’s peers who are attempting to legitimately fulfill academic courses, requirements and degrees. The University provided a chart comparing similar cases to this case. According to the Panel, the chart convincingly demonstrated that expulsion is almost always the outcome for a falsified transcript or academic record.
The Panel imposed the following sanctions: up to five-year suspension until Governing Council makes its decision on expulsion, whichever comes first, up to five-year notation on the Student's transcript until Governing Council makes its decision on expulsion; and a report to the Provost for publication.