DATE:
September 24, 2024
PARTIES:
University of Toronto v. Z.C.
HEARING DATE:
July 24, 2024, via Zoom
PANEL MEMBERS:
Alexandra Clark, Chair
Professor Marvin Zuker, Faculty Panel Member
David Lio, Student Panel Member
APPEARANCES:
William Webb, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
IN ATTENDANCE:
The Student
HEARING SECRETARY:
Samanthe Huang, Coordinator and Hearing Secretary, Office of Appeals, Discipline and Faculty Grievances
The Student was charged with knowingly using or possessing an unauthorized aid or aids and/or obtaining unauthorized assistance in connection with the final exam in ECO102 (the "Course"), contrary to section B.i.1(b) of the Code of Behaviour on Academic Matters, 2019 (the “Code”). The Student was also charged with knowingly representing as their own an idea or expression of an idea or work of another, contrary to section B.i.1(d) 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, contrary to section B.i.3(b) of the Code.
The Student did not attend the hearing due to illness. The University tendered a document, signed by the Student, containing a request that the Tribunal proceed with the hearing in their absence. The Panel was willing to proceed in the absence of the Student on the basis of the statement and the Student's prior appearance at an earlier hearing date which was subsequently adjourned.
The hearing proceeded on the basis of an Agreed Statement of Facts ("ASF") executed by the Student and the University. The ASF detailed that the Student was required to write a final exam in the Course, worth 45% of their final grade (the "Exam"), which was administered in person. During the Exam, an invigilator noticed the Student holding something up to their ear, and upon approaching the Student, saw the Student disconnect a Bluetooth device that connects to miniature earpieces from their sleeve and shirt. When asked for the device, the Student revealed that they were also wearing a smart watch but insisted that they were not cheating. Following the Exam, the Student signed a form admitted to possessing unauthorized aids, including a cellphone and a smartwatch, during the Exam. The Student further admitted, in a Dean's Designate Meeting, that the Student had used the Bluetooth device and miniature earpieces to communicate with someone from an agency that the Student had paid to receive answers in real-time during the Exam. The Student admitted in the ASF that they knowingly used or possessed an unauthorized aid or aids and/or obtained unauthorized assistance in connection with the Final Exam, contrary to section B.I.1(b) of the Code.
Based on the facts and the Student's admissions, the Panel found the Student guilty of obtaining unauthorized assistance, contrary to s. B.i.1(b). In light of this finding, the University withdrew the remaining charges.
In determining an appropriate sanction, the Panel considered a Joint Submission on Penalty signed by the Student and the University. The University also submitted a Book of Authorities containing similar prior decisions of the Tribunal, including cases involving the use of miniature cameras and earpieces during examinations. The Panel also considered the factors set out in the decision of the University of Toronto and Mr. C (Case No. 1976/77-3, November 5, 1976). In particular, the Panel noted that the use of a camera and earpiece in a test or exam, particularly when coupled with paid assistance, is an egregious violation of the Code. The Panel acknowledged that the student admitted guilt and cooperated with the discipline process. The Panel concluded that the sanctions proposed in the JSP were within the bounds found in comparable earlier cases, and imposed the sanction proposed in the JSP as follows: a final grade of zero in the Course; a five-year suspension from the University; a seven-year notation on the Student's academic record and transcript; and a report to the Provost for publication.