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Discipline Appeals Board – University appeal from acquittal of plagiarism charges – Student found guilty of unauthorized aid offences but acquitted of plagiarism offences arising from the same events – Tribunal erred in concluding that plagiarism under s. B.i.1(d) of the Code requires an element of theft – explanatory appendices are not intended to derogate or otherwise modify Code offences – interpreting plagiarism as requiring an element of theft is unworkable and undesirable – the rule against multiple convictions applies where there is a relationship of sufficient proximity between the facts and the offences which form the basis of the charges – appeal dismissed

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

Trial Division – s. B.i.1(d) and B.i.1(f) – plagiarism –witnesses – first offense – ought reasonably to have known – finding of guilt – reference plagiarized, not concocted – differing penalty submissions – Student’s submission of community service rejected - no binding appellate authority – sanction to reflect the seriousness of offense – no mitigating factors – aggravating factors – three-year suspension; grade of zero in the course; notation on the Student’s transcript for three and a half years or until the Student graduates

Trial Division – s. B.i.1(b), s. B.i.1.(e) and s. B.i.3(b) of the Code – unauthorized aid, credit already obtained, and academic dishonesty - three counts in three different classes – medical accommodation – current accommodation unsuccessfully challenged – self plagiarism – altering evidence in an attempt to mislead – possession of an unauthorized aid during an exam – finding of guilt – knew or ought to have known – sanction – prior academic offence – mitigating factor of impairing medical conditions – aggravating factor of previous offences and knowledge of student discipline system – grade assignment of zero in the courses affected by her offences; 2½-year suspension; 2½-year notation on the Student’s academic record and transcript

Discipline Appeal Board – University appeal from sanction – Joint Submission on Penalty accepted - reasonableness of Joint Submission on Penalty – definition of “public interest” in university context – standards of unreasonableness and unconscionability – objective standard of reasonableness - policy benefits of Joint Submissions of Penalty - where an agreement to never reapply to the University is negotiated in a Joint Submission on Penalty when an expulsion is otherwise appropriate, it should be accompanied by a permanent notation on the student’s transcript to alert other institutions of misconduct –– Appeal allowed

Trial Division - s. B.i.1(b) - unauthorized aids – cheating by copying another student’s exam responses – sentencing principles – first offence – defending oneself in a disciplinary action can be consistent with cooperation – transcript notation longer than suspension – nexus required between medical condition and commission of offence – penalty start date – grade of zero, suspension of two years, transcript notation of three years, and report to the provost.

Appeal Division - s. E.7(a) of the Code - motion to dismiss Student's appeal as frivolous, vexatious , or without foundation - Student did not comply with Directions, respond to communications, or meet any time-lines - Student did not respond to motion or offer any reasonable explanation - this constituted vexatious proceedings - motion allowed, appeal dismissed

Trial Division - sanction decision - s. B.i.1(b) of Code - unauthorized aid - student submitted forged exam - zero on course, two year suspension, three year notation, publication of the decision with the name of the Student withheld

Discipline Appeal Board – Student appeal – reasonable notice of hearing – delivery of notice during an academic suspension – delivery of notice via email – no evidence about who accessed email account or which specific emails had been read – exceptional circumstances – s. 7(b) of the Code – Appeal allowed, matter remitted to a new hearing

Discipline Appeal Board – Student appeal from sanction – request to set aside order of expulsion - s.B.ii.2 – s. B.i.3(a) – forged academic record – third offence – Board need grant little deference given its very broad powers – deference given on the issue of credibility – expulsion generally penalty for forgery when prior offence – Appeal dismissed – recommendation for expulsion

Discipline Appeal Board – Student appeal from sanction – request to set aside order of expulsion and impose a suspension - s. B.i.1(a) and s. B.i.1(d) of the Code – eight offences committed during a six month period - falsified personal statement in petition for academic accommodation – plagiarism – course work purchased from commercial provider of essays – guilty plea – Agreed Statement of Facts – conduct during the hearing relevant in determining the Student’s character as well as likelihood the Student would follow University rules in the future – Panel entitled to give little weight to medical evidence where author not available for cross-examination – appeal dismissed - assignment of zero in the affected courses; immediate five-year suspension pending expulsion; and report to Provost

Discipline Appeal Board – plagiarism – Section B.i.1(d) of the Code – requirement of medical corroboration in request for adjournment – student not present – notice – deliberate delay – procedural fairness – factors to consider in denying a request for adjournment – appeal dismissed – final grade of zero in the affected course, degree recall and cancellation, permanent notation on transcript, removal of thesis from library, recommendation of expulsion, publication of decision with name withheld

Trial Division – s. B.i.3(a) of the Code – forged academic record – submitted forged academic record to employer – Student did not attend hearing – Agreed Statement of Facts – guilty plea – Joint Submission on Penalty – Student admitted guilt and cooperated with the University – Student expressed contrition – misconduct undermined integrity of the recruitment process – Joint Submission on Penalty accepted – five-year suspension; seven-year notation on transcript; report to Provost for publication

Trial Division – s. B.i.1(d) and s. B.i.1(b) of the Code – plagiarism, unauthorized aid, and academic dishonesty – course work purchased from commercial provider of essays – failed to attribute ideas and expressions from an academic source – Agreed Statement of Facts – guilty plea – finding on Agreed Statement of Facts – finding on guilt – Joint Submission on Penalty – prior academic offence – mitigating factors of using only four paragraphs of the Purchased Essay and personal issues – aggravating factor of previous academic offence – Joint Submission on Penalty accepted – grade assignment of zero in the Course; 5-year suspension; notation on the Student’s academic record and transcript until her graduation from the University; case reported to Provost for publication

Trial Division – s. B.i.1(d) of the Code – plagiarism – Student created the Essay by stringing together copied blocks of text from unattributed sources – hearing not attended – reasonable notice of hearing provided pursuant to the Statutory Powers Procedure Act – finding on evidence – finding on guilt – University submission on penalty accepted – grade assignment of zero in the Course; 2-year suspension; 3-year notation on the Student’s academic record and transcript; case reported to Provost for publication.

Trial Division – s. B.i.1(a) and s. B.ii.2 of the Code – breaking and entering – attempting to alter exam – ASF – admission of guilt– prior offence – Mr. C factors – recommendation of expulsion; five-year suspension; transcript notation until graduation; case reported to Provost for publication

Trial Division – s. B.i.1(b) of the Code – unauthorized aid and academic dishonesty – Student had unauthorized exam aids on his desk during the final examination – Student signed an Acknowledgement of Possession of Unauthorized Exam Aid(s), but this was not admitted as evidence of guilt because the Student may not have understood what he was admitting to – finding on evidence – finding on guilt – prior academic offence – University submission on penalty accepted – grade assignment of zero in the Course; 2-year suspension; the earlier of either a 3-year notation on the Student’s academic record and transcript or a notation until his graduation from the University; case reported to Provost for publication

Trial Division – s. B.i.1(d) of the Code – plagiarism – Student used significant portions others’ work without attribution, too extensive to be done accidentally – hearing not attended – reasonable notice of hearing provided – finding on evidence – finding on guilt – grade assignment of zero in the Course; 2-year suspension; notation on the Student’s academic record and transcript until his graduation; case reported to Provost for publication

Trial Division – s. B.i.1(d) and s. B.i.1(a) of the Code – plagiarism and forged documents – Student appropriated verbatim text from academic sources – Student altered Verification of Illness form to extend the projected illness end date – Agreed Statement of Facts – guilty plea – finding on Agreed Statement of Facts – finding on guilty plea – Joint Submission on Penalty – prior academic offence of plagiarism – Joint Submission on Penalty accepted – grade assignment of zero; 3-year suspension; notation on the Student’s academic record and transcript until her graduation; case reported to Provost for publication

Trial Division – s. B.i.1(d), s. B.i.1(a), and s. B.i.1(f) of the Code – plagiarism, forged documents, and concoction – hearing adjourned for Student to obtain legal advice – Agreed Statement of Facts – guilty plea – finding on Agreed Statement of Facts – finding on guilty plea – Joint Submission on Penalty – prior academic offence of plagiarism – aggravating factor of short timeframe between last academic offence and the current charges – Joint Submission on Penalty accepted – grade assignment of zero in both courses; 4-year suspension; the earlier of either a 5-year notation on the Student’s academic record and transcript, or a notation until her graduation; case reported to Provost for publication

Trial Division – s. B.i.1(c), s. B.i.3(b), s. B.i.3(a) of the Code – impersonation, academic dishonesty, and forged academic records – had another personate them at final exam - forged T-Card - finding of guilt – phrase “ought to have known” is established on an objective test – a plea of not guilty and contesting an offence not an aggravating factor, but is not an indication of remorse which can be a mitigating factor – sanction- grade of zero in the course; 5 year suspension; recommendation for expulsion; case reported to Provost for Publication

Trial Division – s. B.i.1(d) and s. B.i.1(f) of the Code – plagiarism and concoction – hearing not attended – reasonable notice of hearing provided pursuant to the Statutory Powers Procedure Act and the University Tribunal Rules of Practice and Procedure – finding on evidence – Student knew or ought to have known he was committing plagiarism given his years of academic experience – finding on guilt – two prior academic offences of plagiarism – acknowledgement of responsibility not considered a mitigating factor given previous warnings and academic discipline – aggravating factor of disregarding previous warnings – high likelihood of repeating the misconduct – more serious offences must receive more serious sanctions than lesser offences – grade assignment of zero in the Course; 3-year suspension; notation on the Student’s academic record and transcript until his graduation from the University; case reported to Provost for publication

Trial Division – information not available – hearing not attended – reasonable notice of hearing not provided given the delayed service of notice and the Student’s likely residence abroad – hearing adjourned sine die for the University to consider other service of notice to the Student

Trial Division – s. B.i.3(a), s. B.i.1(b) and s. B.i.1(d) of the Code – forged academic record, unauthorized aids, plagiarism – Student hacked into the computer account of the Course Teaching Assistant to alter the mark recorded for his assignment – Student hacked into another student’s computer account, copied the student’s work, and submitted it as his own work – hearing not attended, but Student’s counsel did attend – guilty plea – University still required to prove its case even though the Student did not challenge the evidence – Agreed Statement of Facts – finding on guilty plea – Joint Submission on Penalty accepted – the Student’s agreement to permanently withdraw from the University was an important factor in the Panel’s decision to accept the Joint Submission on Penalty – grade assignment of zero; 4-year suspension; permanent notation on the Student’s academic record and transcript; case reported to Provost for publication

Trial Division – s. B.i.1(d) and s. B.i.1(b) of the Code – plagiarism and unauthorized aid – Student’s Essay improved dramatically from his previously submitted essay and the high level of writing was inconsistent with his level of English – hearing not attended – reasonable notice of hearing provided pursuant to the Statutory Powers Procedure Act and the Code – finding on evidence – finding on guilt for the charge of plagiarism – other charges withdrawn – plagiarism unusual in the sense that there was no original text to compare with the Essay, but the Student had still represented someone else’s work as his own – prior academic offence of plagiarism and unauthorized aid – University submission on penalty accepted – grade assignment of zero in the Course; 3-year suspension; 4-year notation on the Student’s academic record and transcript; case reported to Provost for publication