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Trial Division – s. B.i.3(a) of Code – forged academic records – documents submitted for Post Admission Transfer Credits – Agreed Statement of Facts – guilty plea – contested hearing on sanction – depression and anxiety triggered by class participation – belief that demands of required course could not be met – mental or physical disabilities not causative of conduct – falsified transcript in respect of two courses was in nature of a fabricated degree or University transcript – planned and deliberate offence – circumstances permitted withdrawal from plan – third party involvement – continued deceptions – University’s submission on penalty accepted – recommendation that the Student be expelled as per s. C.ii.(b)(i) of Code; and permanent notation on academic record

Trial Division – s. B.i.3(a) of Code – forged academic records – transcript, diploma and verification letter submitted with falsified admission application – hearing not attended – reasonable notice of hearing – see Statutory Powers Procedure Act – Agreed Statement of Fact – degree completed – guilty plea – Joint Submission on Penalty – admittance under false pretences – no alternative but recommendation of expulsion – Joint Submission on Penalty accepted – recommendation that the Student be expelled as per s. C.ii.(b)(i) of Code; five-year suspension pending expulsion decision; and report to Provost

Trial Division – s. B.i.1(b) of Code – unauthorized aid – mid term examination – Agreed Statement of Facts – guilty plea – two prior academic offences – mitigating factors that the Student’s family experienced harassment prior to offence, that the Student admitted guilt, cooperated with discipline process, withdrew from all courses and sought counseling – academic status relative to graduation – Joint Submission on Penalty accepted – grade of zero assigned for course; two-year eight-month suspension; two-year eight-month notation on transcript; and report to Provost

Trial Division – s. B.i.1(a) of Code – forged documents – altered term assignments resubmitted – Agreed Statement of Facts – guilty plea – Joint Submission on Penalty – prior academic offence – good prospect of rehabilitation – sentencing principle – see R. v. Michael Tsicos – grade assignment of zero for course; three-year suspension; four-year notation on transcript; and report to Provost

Trial Division – s. B.i.3(a) of Code – forged academic records – degree certificate and falsified curriculum vitae – Agreed Statement of Facts – guilty plea – jurisdiction relative to former students – see Appendix A, s. 2(s) of the Code – Joint Submission on Penalty – act required significant deliberation – Joint Submission on Penalty accepted – recommendation that the Student be expelled as per s. C.ii.(b)(i) of Code; five-year suspension pending expulsion decision; and report to Provost

Trial Division – s. B.i.1(b) of the Code – unauthorized aids – cell phone, cue cards and prior year’s examination – unaware of possession of aids and ignorance of how to operate cell phone – invigilator instructions not heard – interpretation of rules – cell phone not defined as unauthorized aid – phrase “ought reasonably to have known” suggests subjective element – Student subjectively knew or ought reasonably to have known that the items were unauthorized aids and ought to have known that the unauthorized aids where in the Student’s possession – finding of guilt – continuum of sanctions – see s. C.ii.(b) of the Code – academic status – no evidence aids used or benefited from – first allegation of academic offence – University not compelled to produce evidence of use and benefit in order to enforce rules and impose sanctions – stress and fatigue of preparing for and writing examinations not relevant mitigating factor – academic impact of sanctions is proper consideration – penalty sought by Student too lenient and penalty sought by University excessive for circumstances – grade assignment of zero in course; two-year notation on transcript; and report to Provost

Trial Division – s. B.i.3(a) of the Code – forgery of documents – altered mid term and quiz submitted for re–grading –Agreed Statement of Facts – guilty plea – Joint Submission on Penalty – no prior offences – cooperation with discipline process – academic status relative to graduation – misconduct affected acceptance to graduate school – Joint Submission on Penalty accepted – grade assignment of zero for two courses; two-year suspension; three-year notation on transcript; and report to Provost

Trial Division – s. B.i.1(a), s. B.i.1(d) and s. B.i.1(b) of Code – forged documents and plagiarism –Medical Note and course work – Agreed Statement of Facts – guilty plea – Joint Submission on Penalty – mitigating factors that Student pleaded guilty and cooperated with discipline process and offences occurred at approximately the same time – Joint Submission on Penalty accepted – grade assignment of zero for two courses; three-year suspension; three-year notation on transcript; and report to Provost

Trial Division – s. B.i.1(d) of Code – plagiarism – course work in two courses – hearing not attended – reasonable notice of hearing – extent of plagiarism precluded possibility of error or lack of proper attribution – finding of guilt – three year suspension warranted due to finding of guilt on two counts of plagiarism – grade assignment of zero for two courses; three-year suspension; four-year notation on transcript or until graduation; and report to Provost

Trial Division – s. B.i.1(a) of Code – forged documents – Academic Bridging Program application form and documents for post–admission transfer credits – Agreed Statement of Facts – guilty plea – language in application not understood and degree at foreign university not completed – financial, health and child–care challenges – fraudulent documentation purchased – mitigating factors undermined by two separate occurrences of misconduct – finding of guilt – material distinction not made in sanction between those directly perpetrating a fraud and those who contracts out fraudulent activity to third party – aggravating factor that fraud had commercial aspect – academic status relative to graduation – nearness of completion of degree relevant but not determinative factor in sanction – see The University of Toronto v. Student, Case No. 499 – no evidence that illness provided sufficient nexus to misconduct – tentative conclusions of medical evidence minimized mitigating effect – insufficient evidence of nexus between adverse circumstances and impugned conduct – see University of Toronto v. Student, Case No. 440 (2006-2007) – recommendation that the Student be expelled as per s. C.ii.(b)(i) of Code; permanent notation on academic record; and report to Provost

Trial Division – s. B.i.1(d) of Code – plagiarism – course work copied from internet – Agreed Statement of Facts – guilty plea – cooperation with discipline process – Joint Submission on Penalty accepted – grade assignment of zero for course; two-year suspension; two-year notation on transcript; and report to Provost

Discipline Appeal Board – University appeal from acquittal - balance of probabilities applicable standard of proof for proceedings under the Code - requirement to prove case on the balance of probabilities does not detract from requirement that the standard must be met by clear, convincing and cogent evidence – Student’s evidence and credibility of Professor’s evidence accepted – University erroneously required to prove case to a standard higher than balance of probabilities - irrelevant consideration focused on - finding of fact based on irrelevant consideration was material error of law - appeal allowed - matter sent back to Trial Division for a new hearing