Kristina Jarvis/RyersOnline.ca Staff

First-year computer engineering student Chris Avenir was not expelled from Ryerson, but will face other academic penalties as a result of the Facebook group he administered.

While Chris Avenir will not be expelled for his Facebook chemistry study group, he is still convicted of academic misconduct, the faculty appeals committee found yesterday.

The first-year computer engineering student received a mark of zero on the chemistry assignments in question, has to attend an academic integrity tutorial and will receive a disciplinary notice on his transcript.

Avenir’s lawyer John Adair said he’s happy his client is not expelled “but that’s not the point. It was an unfair process from the start.

“Just because you weren’t given the death sentence, doesn’t mean you weren’t still convicted of murder, to use an extreme analogy,” he said.
Adair says he will discuss with Avenir in the coming days whether they will appeal the decision.

While some on Avenir’s Facebook fan page ‘Support Chris Avenir’ are cheering, Adair says this is nowhere near a just result.

“He was charged with academic misconduct – I don’t see that as a victory.”

Kim Neale, who guided Avenir through his case since he was slapped with 147 counts of academic misconduct in January when his chemistry professor came across the group Dungeons/Mastering Chemistry Solutions, also considers the decision bittersweet.

“I’m satisfied that Chris isn’t going to get expelled,” said the Ryerson Students’ Union advocate and issues co-ordinator. “But it does worry me a little bit that every time I go into a hearing . . . more often than not, the committee sides on the side of the professor.”

Earlier this week Adair pointed out a glaring contradiction between the academic code of conduct and Ontario law, which states Avenir had a right to legal counsel in all hearings.  Adair was barred from entering last week’s appeal hearing.

The code states students can’t be represented by lawyer, but the Statutory Power Procedures Act says a lawyer cannot be barred from a tribunal.

Adair fears students who might face similar academic penalties for “something a little less sexy than Facebook” wouldn’t know they have a right to a lawyer.

“That’s like threatening someone with the most extreme punishment then saying they can’t protect themselves,” he said. “I find it disturbing.”

Ryerson’s legal counsel declined to comment on the contradiction.

Litigator Will McDowell of the Toronto law firm Lenczner Slaght, who has no involvement in the case, said it was Avenir’s right to have a lawyer at his appeal since the charge was so serious.