There's been an interesting topic about the Ryerson student, Chris Avenir, facing an expulsion hearing over the alleged use of Facebook as a method to exchange answers and solutions with other students. Even though it is not directly a criminal law related matter, but rather an administrative law matter, I though that many criminal law issues are applicable to the case at hand.

Some media outlets are overly stating that Avenir is being unfairly punished for his use of Facebook as a study group. What they fail to note is that it is not the exchange of study tips or notes that is the problem, but rather the invitation used by Avenir to encourage membership in the Facebook group. In his invitation, he asks for students to post their solutions. While it is his position that no solutions were ever posted, the attempt was made, and that in of itself could be a violation of the Code of Conduct. I would have a difficult time making a defence for a client who fired a gun into a crowd and claims that he shouldn't be charged since the bullet didn't hit anyone. Barring some incredibly technical defence, I would venture that a judge would convict such an accused and I believe that some level of guilt does fall on Avenir here.

Having been through a long post-secondary education myself, I understand that Avenir's goal was to create a study group and that study groups sometimes exchange solutions to help guide other students in their own problems. However, much like the rules of Fight Club, you don't talk about what happens at study group. Professors and school administrators know that there probably is some level of information exchange, but they don't want it publicized.

At the end of the day, I don't believe that Avenir should be expelled for what he did. I don't believe that the study group gave him any grossly unfair advantage over a student not in the online study group. I don't even believe that he should receive an automatic "F" for the course, since he likely has shown his knowledge in the area through other assignments and examinations. The most he should really receive is perhaps a grade of 0% for the assignment alone and perhaps a reprimand by the university, but nothing more.

        

 

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