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Discipline Appeals Board – application for extension of time to appeal - cross-application request that extension of time not operate as stay of Tribunal decision – notice of appeal not delivered within time provided – see E.5 of Code – understanding from Tribunal Secretary that legal representation should be secured before filing formal notice of appeal - exceptional circumstances required to enlarge time for appeal made before or after expiry of time provided - see s. E.5 of Code – no reference of exceptional circumstances in past decisions, Code or Code of Student Conduct - time limits not rendered mandatory by imperative language in Code – exceptional circumstances demonstrated – application not opposed by University provided conditions incorporated into order – acceptance of conditions - extension for the time of appeal granted with conditions - submissions on costs reserved to Chair of Appeal Tribunal

Trial Division – s. B.i.1(b) of the Code – unauthorized aid or unauthorized assistance – Student knowingly used or possessed an unauthorized aid or aids, or obtained unauthorized assistance in a test – Student did not appear – Rules 9 and 17 of the University Tribunal’s Rules of Practice and Procedure (“Rules”) – University’s Policy on Official Correspondence with Students – reasonable notice was provided – matter heard on its merits in the absence of the Student – the test contained answers that corresponded with a different version of the test than the version the Student received – finding of guilt – final grade of zero in the course; three-year suspension; four-year notation on transcript; and a report to the Provost for publication.