Chris Avenir was nearly expelled for creating a Facebook study group.

Ryersonian file photo

A $10-million lawsuit against Ryerson by a current student is the largest damages claim ever faced by the university. But administration says it’s not worried and will defend itself in court.

“The courts are the vehicle to determine who’s in the right and who’s in the wrong, but we believe, obviously, we’re in the right,” said president Sheldon Levy.

Chris Avenir, a third-year engineering student, filed a class-action suit against Ryerson, claiming that he and other students were deprived of their rights to legal representation during academic misconduct proceedings.

The formal claim states that Ryerson’s academic misconduct policy, or Policy 60, is internally contradictory when it states that “all hearings shall be conducted in accordance with the Statutory Powers Procedure Act.”

But it does not allow legal representation in hearings until it reaches Ryerson’s senate.

The statement in question cannot be found in the current online version of the policy.

“The only time that academic withdrawal or expulsion is possible is with the senate appeals committee, and because of the significance of that penalty that’s where natural justice does require that we allow legal representation,” said Julia Hanigsberg, general counsel and secretary of the board of governors.

John Adair, Avenir’s lawyer, is not commenting.

But Avenir told the Toronto Star on Thursday: “It makes you feel really overwhelmed. You don’t really know what’s going on as a student; with all the proceedings, you’re not too sure how it works.”

Avenir got into trouble in 2008 when, in his first year, his chemistry professor found a Facebook study group for students to “post solutions” for an assignment worth 10 per cent.

Avenir, who was named as an administrator of the site, was charged with academic misconduct and faced the threat of expulsion.

The allegation was covered extensively by mainstream media, and Avenir was later given a zero for that assignment and had to attend a workshop on academic integrity.

The class-action suit involves all students who went through academic misconduct tribunals  since March 4, 2003, which may be thousands of students. Hanigsberg said she doesn’t know why that date was chosen.

A class-action suit requires the approval of a judge, and Ryerson is waiting for Avenir to take this motion to court before it files a formal defence. According to Hanigsberg, this could take months.

Jonathan Ptak, a lawyer at Koskie Minsky LLP, who specializes in class proceedings, said the claim must raise common issues amongst the class members in order to be certified as a class action.

“If you’re suing on a written policy which applies to all class members then you have a better chance,” he said.

Hanigsberg said the school is taking the lawsuit seriously, but it is confident in the fairness of its policies.

“This is just one side, one story. And you don’t have to prove anything to file a statement of claim,” she said.

“The university is always prepared. We’re a large organization and we’re going to have lawsuits during the year. It’s a normal thing. I would say (if) it’s a bigger deal because of the publicity it’s getting then it is a big deal for the university,” Levy said.