FILE:
Case # 1353 (2022-2023)
DATE:
June 23, 2023
PARTIES:
University of Toronto v. Y.Y. (“the Student”)
HEARING DATE(S):
April 11, 2023, via Zoom
PANEL MEMBERS:
Sarah Whitmore, Chair
Dr. Maria Rozakis, Faculty Panel Member
Charles Buck, Student Panel Member
APPEARANCES:
Lily Harmer, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
Hillson Tse, Counsel for the Student
The Student
HEARING SECRETARY:
Christopher Lang, Director, Office of Appeals, Discipline and Faculty of Grievances
The Student was charged in relation to two separate incidents. The first incident (“Charge #1”) occurred on June 6, 2021. The Student was charged under s. B.i.1(a) with knowingly altering or falsifying a document or evidence required by the University or making use of the falsified document, specifically a University of Toronto Verification of Student Illness or Injury Form (“VOI”) for STAB57H3. In the alternative to Charge #1, the Student was charged with knowingly engaging in a form of cheating, academic dishonesty or misconduct, fraud, or misrepresentation to obtain academic credit contrary to s. B.i.3(b) of the Code.
The second incident (“Charge #3”) occurred on November 29, 2021. The Student was charged with knowingly obtaining unauthorized assistance in connection with a research project submitted in MATD02H3 contrary to s. B.i.1(b) of the Code. In the alternative, the Student was charged with knowingly engaging in a form of cheating, academic dishonesty or misconduct, fraud, or misrepresentation to obtain academic credit or other academic advantage contrary to s. B.i.3(b) of the Code.
The hearing proceeded on an Agreed Statement of Facts (“ASF”) and a Joint Book of Documents (“JBD”). The Student attended the hearing and had counsel present.
The Student first petitioned to write a deferred exam for STAB57H on April 13, 2021, and submitted a VOI form. This petition was denied. The Student submitted another petition on June 6, 2021, and an accompanying VOI, which was stamped with information from Centenary Hospital with the doctor’s name illegible. The Student was asked to clarify the illegible information, which she did over email, advising that the doctor’s name was Adamantios Panagiotis Zoudis. The Petition Office determined that Dr. Zoudis did not have hospital privileges at Centenary Hospital and that the Student had not been seen by Dr. Zoudis.
The Student was enrolled in MATD02H3 in Fall 2021. Students were required to complete a research project. The Student submitted a paper for the research paper requirement. When marking the Student’s paper, the instructor became suspicious, as the paper covered very advanced topics beyond the course’s scope and the Student’s demonstrated familiarity with the course material.
During the Dean’s Designate meeting, the Student explained that when her first petition was rejected, she panicked and with the aid of friends, put together the forged VOI. The Student also acknowledged that when writing the research paper, her friend suggested which papers the Student should use. The Student admitted guilt under Charge 1 and Charge 3.
The Panel deliberated on the ASF and JBD, concluding that Charges 1 and 3 had been proven with clear and convincing evidence on a balance of probabilities. The Panel accepted the guilty plea of the Student, and the University withdrew the alternative charges.
In determining the appropriate sanctions, the Panel considered the Joint Submission on Penalty (“JSP”) submitted by the University and the Student. The Panel considered the seriousness of the offences and that the Student had committed two prior offences. The Panel found that these prior offences indicated that the Student’s likelihood of committing a further offence must be factored into the penalty. The Panel also considered that the offence pertaining to the VOI causes detriment to the University. The Panel also considered mitigating factors including the Student’s cooperation in the process, the ASF, and JSP, which showed insight and responsibility. Based on these factors and a review of similar cases presented by counsel, the Panel accepted the JSP.
The Panel imposed the following sanctions: a grade assignment of zero in both courses; a three-year and six-month suspension; a five-year notation on the Student’s transcript; and a report to the Provost for publication.