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Trial Division - s. B.i.1(b), s. B.ii.1(a), s. B.ii2 of Code – unauthorized aid - joint hearing – inappropriate communications during two final examinations – objection to joint hearing – no consent to joint hearing - power to determine Tribunal practices and procedures subject to provisions of Code¬ – see s. C.ii.(a).7 of Code¬ – consent requirements of Statutory Powers Procedure Act not applicable – see ss. 9.1(1) of Statutory Powers Procedure Act – single proceeding because same evidence tendered - exigencies relating to University community - application for separate proceedings dismissed - circumstantial evidence - onus of proof on University not discharged - motion for costs not awarded - University not reckless malicious or unreasonable

Trial Division – supplemental reasons on penalty – see case of #00-01-04¬ ¬– s. B.i.1(d) of Code and s. B.i.3(b) – plagiarism - take home test and essay – finding of guilt under s. B.i.1(d) of Code – not guilty under s. B.i.3(b) of Code¬ – no dishonest intent - unusual and extenuating circumstances more appropriately dealt with in context of penalty - teaching assistants’ strike and academic background– no cited cases involving finding of guilt based on extended definition of knowingly – not likely to reoffend – suspension not warranted – motion to stay proceedings on grounds of undue delay - period of delay not inordinate - sanction ramifications or final course grade assignment not addressed in original decision – imposing passing course mark not consistent with Panel’s original approach - Student allowed to complete course by re-writing two assignments, pending approval of course instructor and further to s. C.ii.B.1.(b) of the Code; if permission denied then the Student could apply for late admission to the summer offering of course; final course grade to be recorded on the Student’s transcript equal to the average of the course work already completed excluding the assignments, if not feasible to grant late admission to summer offering; if summer offering of course not applied to then the Student would have to apply to the fall offering of course in order to complete course; grade assignment of 37.5 for work in course; oral and written reprimand; one-year notation on the Student’s academic record and transcript; and report to Provost

Trial Division – preliminary hearing to Case #00-01-02 – admissibility of evidence – similar responses in terms tests by co-accused – University request for ruling on admissibility in advance - similar fact evidence – incumbent upon Chair to make similar fact evidence determination and give ruling – see Arp v. The Queen and s. 15 of the Statutory Powers Procedure Act - no qualifications or expertise enabling course professor to give opinion evidence - arbitrary comparators broke down on cross-examination - evidence adduced to confirm charges – no probative value to evidence - flawed analysis and comparisons in evidence – test of objective improbability of coincidence not satisfied and prejudice to accused outweighed probative value of evidence - see Arp v. The Queen - admission of disputed evidence prejudicial - evidence relating to the two term tests inadmissible in the hearing and disregarded by the Panel in disposing the charges

Trial Division – s. B.i.1(c) of Code – impersonation – Student knowingly impersonated another person at an examination – finding of guilt – no extenuating circumstances – recommendation of expulsion; publication with Student’s name withheld.