Case #921

DATE: September 5, 2017

PARTIES: University of Toronto v. Z.S. (“the Student”) 
 
Hearing Date(s):   June 16, 2017
 
Panel Members:
Ms. Dena Varah, Barrister and Solicitor, Chair 
Professor Louis Florence, Faculty Panel Member 
Ms. Sophie Barnett, Student Panel Member 
 
Appearances:
Ms. Lily Harmer, Assistant Discipline Counsel, Paliare Roland, Barristers 
The Student
Ms. Clara Ryu, Downtown Legal Services ("DLS"), Student Counsel for the Student
Ms. Lucy Gaspini, Manager, Academic Integrity and Affairs, Office of the Dean, University of Toronto Mississauga
Ms. Alexandra Di   Blasio, Academic Integrity Assistant, University of Toronto Mississauga
 
In Attendance:
Ms. Krista Osbourne, Administrative Clerk and Hearing Secretary
Mr. Sean Lourim, Technology Assistant, Office of the Governing Council
 
 
Trial Division - s. B.i.1(a) - forgery – s. B.i.3(b) –  academic misconduct – changed date on a doctor’s note submitted in support of request for deferred exam –  enrolling in classes while suspended – two prior offences – agreed statement of facts – joint book of documents – joint submission on penalty – guilty plea – notation longer than suspension –  final grade of zero in the affected courses, suspension of five years, transcript notation until graduation, and report to the provost.
 
This hearing dealt with two separate incidents of misconduct.  In the first, the Student was charged with one charge of forgery contrary to s. B.i.1(a) of the Code, or in the alterative, academic dishonesty not otherwise described contrary to s. B.i.3(b) of the Code.  These charges were laid in relation to a forged University Verification of Student Illness or Injury Form that the Student had submitted in support of his application to defer an exam. The Student had changed the date on the doctor’s note that accompanied the Form.   The second incident of misconduct related to the Student signing up for courses while he was suspended from the University, giving rise to a charge of academic dishonesty contrary to s. B.i.3(b) of the Code. The matter proceeded by way of an Agreed Statement of Facts and the parties relied on a joint book of documents. The Student pled guilty to one charge of forgery contrary to s. B.i.1(a) of the Code and one charge of academic dishonesty contrary to s. B.i.3(b) of the Code. Upon accepting the Student’s guilty plea, the University withdrew the alternative charge of academic dishonesty that was laid in relation to the forged doctor’s note. 
 
The parties submitted an Agreed Statement of Facts on Sanction and a Joint Submission on Penalty (JSP) proposing: (a) a final grade of zero in the affected courses; (b) suspension from the University for five years; (c) a notation of the sanction on the Student’s academic record and transcript until graduation; and (d) that the matter be reported to the Provost for publication.  The Student had been sanctioned on two prior occasions for misconduct. The Panel accepted all of the JSP sanctions, ordering a final grade of zero in the affected courses; suspension from the University for five years; a notation of the sanction on the Student’s academic record and transcript until graduation; and that the matter be reported to the Provost for publication.