Toronto School of Theology – Student appealed termination of registration in Doctor of Theology Program –– Minutes of Settlement waived Student’s appeal rights – preliminary motion to determine jurisdiction of Academic Appeals Committee to hear appeal – absence of alternate appeal route does not give Academic Appeals Committee jurisdiction to hear appeal – appeal quashed
Trial Division – s. B.i.1(d) of Code - plagiarism – Student submitted paper for course credit containing work of another knowingly represented as Student’s own work – Student denied charges and mounted attack on professor’s integrity as defence – guilty – no evidence of extenuating factors – no remorse - grade assignment of zero for course; two-year suspension; three-year notation on transcript or until graduation, whichever is earlier; and publication by Provost of notice of decision and sanctions with Student’s name withheld
Trial Division – s. B.i.1(d) of Code – plagiarism – Student submitted an essay for course credit knowing it contained verbatim or nearly verbatim text from the essays of two other students - Student did not attend hearing – reasonable notice of hearing was provided, but University not obliged to show Student had actual notice of hearing –– finding of guilt – plagiarism warrants strong penalty to serve as deterrent – no evidence of remorse or extenuating circumstances – final grade assignment of zero for course; two-year suspension; three-year notation of sanction on transcript; and publication of notice of decision and sanctions, with Student’s name withheld.
Faculty of Medicine – Student appeals from decision of Faculty of Medicine Appeals Committee upholding decision of Board of Examiners referring Student for remediation in professionalism due to lapses in professional behaviour – standard of review is reasonableness - Faculty regulations and procedures followed – relevant evidence taken into consideration – Baker v. Canada (Minister of Citizenship & Immigration [1999] SCC 699 – relaxed standard of procedural fairness appropriate when consequence of decision appealed from are remedial, educational and restorative, not punitive, and right to continue in academic program or career is not at stake – appeal dismissed
Trial Division – s. B.i.1(d) of Code – plagiarism – Student submitted a film review containing the work of others represented as her own – Agreed Statement of Facts – guilty plea – Joint Submission on Penalty accepted - prior academic offence – cooperation, remorse and other mitigating circumstances - final grade of zero in the course; five-year suspension; six-year notation on academic record; publication of notice of decision and sanction, with Student’s name withheld.
Trial Division – s. B.i.3(a) of Code – forgery of academic record – Student knowingly forged, circulated or made use of a document purporting to be a degree certificate from the University of Toronto – forgery detected when independent third party requested verification by University of forged degree certificate – Student did not attend hearing – reasonable notice of hearing provided - finding of guilt – general approach of Tribunal is to impose recommendation for expulsion when falsified degree is used and no mitigating circumstances – no remorse, character evidence or mitigating factors – no engagement in the discipline process – five-year suspension; recommendation for expulsion; and publication by the Provost of a notice of decision and sanctions with the Student’s name withheld.
Trial Division – s. B.i.1(f) and s. B.i.1(a) of the Code – concoction and forged documents – Student concocted references to sources in a research report – Student falsified the document outlining his sanction to reflect a lesser penalty – Student attached the falsified document to his appeal documents – hearing not attended – reasonable notice of hearing provided – finding on evidence – finding on guilt – 5-year suspension; recommendation of expulsion; case reported to Provost for publication
Discipline Appeals Board – Student appeal from Tribunal decision – request for new Tribunal hearing - concoction of academic sources and falsification of academic record – s. B.i.1(f) and s. B.i.1(a) of Code - - the standard of proof to be applied in proceedings under the Code is the civil standard of proof on a balance of probabilities – appeal dismissed
UTSC – late withdrawal without academic penalty – family pressures, financial circumstances and illness of family member – wrong to impose rules as rigorous as are imposed by appellate courts but Committee can refuse to consider new evidence – recommendation that all students are warned that full disclosure of all relevant facts is required at petition stage – nature of issue sufficiently disclosed in original petition – University policy on drop dates does not apply when unanticipated circumstances arise after the drop date, when then existing circumstances unexpectedly become significantly more severe, or when then existing circumstances were reasonably expected to abate, but did not – awareness of adverse circumstances and failing grades by drop date – late receipt of mark not grounds for relief because petition not filed promptly – difficulties associated with family member’s illness occurring around or after the drop date not exempted from drop date policy – appeal dismissed
Faculty of Arts and Science – late withdrawal without academic penalty – time spent caring for ill family member and little experience with ways of a Canadian university – the Student finished the course, passed the course and sought only to drop the course with lowest grade – circumstances were beyond the Student’s control, unduly intrusive on the Student’s ability to study, and became progressively and unexpectedly worse past drop date – unlikely to seek help available due to focus on ill family member and newness to Canadian university – appeal allowed – grade in the course vacated and replaced with WDR