DATE:
February 11, 2025
PARTIES:
University of Toronto v. X.S.
HEARING DATE:
November 15, 2024
PANEL MEMBERS:
Alexi Wood, Chair
Garrick Burron, Student Panel Member
APPEARANCES:
William Webb, Assistant Discipline Counsel, Paliare Roland Rosenberg Rothstein LLP
Abby Craswell, Representative for the Student, Downtown Legal Services
HEARING SECRETARY:
Samanthe Huang, Coordinator & Hearing Secretary, Office of Appeals, Discipline and Faculty Grievances
The Student was found guilty of knowingly using and/or possessing an unauthorized aid or aids and/or obtaining unauthorized assistance, and/or attempting to do so, contrary to section B.i.1(b) and B.ii.2 of the Code of Behaviour on Academic Matters, 2019 (the “Code”).
In determining the appropriate sanction, the Panel considered a joint submission on penalty (“JSP”) submitted by the Student and the University, as well as the sanctioning factors laid out in University of Toronto and Mr. C (Case No. 1976/77-3, November 5, 1976). The Panel further considered an affidavit filed by the Student, in which the Student stated that they were under pressure from family to succeed, apologizing for their initial denial of any wrongdoing, and an expression of remorse for their conduct. With respect to the nature of the offence, detriment to the University and the need to deter others, the Panel stressed that spyware cases are among the most severe forms of misconduct and warrant the most severe of sanction. The Panel further noted that the sanction proposed in the JSP was in line with cases in which there was spyware used or personation and a joint submission on penalty, and its acceptance by the Panel would not bring the administration of justice into disrepute.
In accordance with the JSP, the Panel imposed the following sanction: a final grade of zero in ECO202Y1; a five-year suspension from the University; and a seven-year notation on the Student’s academic record and transcript.