Education and Academic Misconduct Lawyer

In 2025, the Firm represented a U of T student accused of academic misconduct in File No. 1**3. The student was reported to the academic integrity office after a proctor at the student’s exam suspected cheating. Following a sweep of the bathrooms in the immediate vicinity of the testing room, proctors found a phone. When the student later discovered his phone was missing, he went looking for it and was stopped in the hall by one of the proctors who discovered the phone. As part of their investigation process the school required the student to participate in an interview. Following the interview the student’s file was sent to the provost office to be formally prosecuted for academic misconduct. The Firm provided legal submissions pointing out various legal issues with the school’s case, resulting in the provost’s office dismissing the case prior to formal prosecution and restoring the student’s class credits.

What is Academic Misconduct?

Academic misconduct refers to any conduct that violates academic integrity. This includes cheating, plagiarising, and using AI tools to write or create material for an academic class. With AI technology becoming more prevalent in our everyday lives, academic integrity offices across Ontario have begun to see a rise in the number of academic misconduct cases, especially those related to the use of AI. Schools take academic misconduct matters very seriously and prosecute offending student vigorously.

Is Using AI Academic Misconduct?

Whether or not using AI to create material for a class is considered academic misconduct will depend largely on the professor’s instruction. If a professor permits students to utilize AI technology for a class in some way, then that would of course not be considered academic misconduct. If, however, a student is using AI technology to create material for an assignment that requires original work, that will be considered academic misconduct. Similarly, a student who utilizes AI technology during a test to generate answers would be considered to have committed academic misconduct.

What will Happen if I am Accused of Academic Misconduct?

If someone suspects that a student has committed academic misconduct the matter will be reported to the school’s academic integrity office. The complaint will be reviewed and if legitimate, the student will be notified that there will be an investigation. In some cases, the student may become aware that something is amiss prior to being formally notified of an investigation when they are unable to register for a course for the following semester, or where the student receives a notation of “grade withheld pending review” related to a particular course.

In most cases, the student will be asked to participate in a meeting to answer questions regarding the alleged misconduct. This is the student’s opportunity to present any evidence to prove their innocence. It is common for the school to offer the student very little information during the investigation process. They often provide few details which can make it more difficult to develop a defence. As a result, it is important to consult with legal counsel prior to engaging in the investigation process.

If, after speaking with the student, the investigator feels as though the student has committed professional misconduct, the matter will be referred to the provost office (or another office depending on the school) for formal prosecution. A hearing may be held, similar to a trial, to present evidence to a tribunal in an attempt to prove the student is guilty of academic misconduct.

How does the School Prove Academic Misconduct?

The manner in which the school proves a student guilty of academic misconduct will depend largely on the specifics of the allegations. Different evidence may be tendered based on the nature of the alleged academic misconduct.

For example, a student who is alleged to have plagiarised material is likely to have be confronted with the material they allegedly stole. This may be another student’s work, improperly cited or uncited material from another author or creator, or material the student created for another class.

In a situation where a student is accused is using AI technology to write a paper or answer questions on a test, especially where copy and paste was used, the school is likely to have watermark evidence from the copy and pasted material. When an individual copies and pastes something from AI, there is an invisible statistical patterns or code that is hidden in the copied material. This allows professors to determine whether a student has copied something from AI and submitted it as their own original work.

In other situations, the school may use witnesses to testify that they witnessed the accused student engage in academic misconduct. For example, an individual proctoring a university exam who witnesses a student cheating during the exam may be called to testify regarding what they witnessed.

How to Defend Academic Misconduct?

The best defence to allegations of academic misconduct will depend on the specifics of the allegation and the evidence in the possession of the school investigators. As noted above, schools are often reluctant to provide all the details of their investigation to the accused student. Unlike criminal cases, schools do not have the legal obligation to provide full disclosure. This can, in some cases, make defending the matter more difficult.

If you have been accused of academic misconduct it is important to consult with legal counsel to assist in developing a defence strategy. As noted above, academic institutions in Ontario take allegations of academic misconduct very seriously. Those who are found guilty will face harsh penalties including loss of credits, a negative notation on the student’s transcript, suspension, or even expulsion.

What will Happen if I am Found Guilty of Academic Misconduct?

A student who is found to have committed academic misconduct, will at the very least, not get credit for the work that resulted from the academic misconduct. For example, a student who cheats on an assignment will not get credit for that assignment. The student may also lose the credits associated with the class altogether. In most cases, the school will place a notation on the student’s transcript indicating they were found guilty of academic misconduct. This can make getting into graduate school more difficult.

Depending on the severity of the academic misconduct, a student may also face other penalties. For cases involving serious academic misconduct, the student may be suspended or expelled from the school. In these situations, a notation is typically made on the student’s transcript indicating they were suspended or expelled for academic dishonesty.

For students who wish to attend a graduate program following college or university, such a notation can complicate matters. Furthermore, many professional regulatory bodies (nurses, lawyers, doctors) will inquire about whether an individual has ever been found guilty of academic misconduct during the licensing process. An individual who answers yes is likely to have to provide more information on the incident. In serious cases, this can impact the individual’s ability to become licensed. Furthermore, an individual who is dishonest about past academic misconduct and is caught, is likely to face additional consequences.