After undergoing almost a year-long investigation of the honor system this and last year, the U.S. Department of Education's Office for Civil Rights determined the honor system and its processes do not violate Title VI of the Civil Rights Act of 1964.
Following the conclusion of the investigation, the Honor Committee released a restatement of five policies they now practice reaffirming their dedication to a non-biased honor system.
The OCR also sent a letter to University President John T. Casteen III concerning the investigation and enclosed a copy of the five policies.
"Two members from OCR listened to trial tapes, reviewed case files and met with members of the Honor Committee and they called and concluded there was no violation," Honor Committee Chairman Hunter Ferguson said. It "is positive for us and U.Va. they found no violation and we're glad to hear that."
The OCR approached the Honor Committee after they received an anonymous complaint July 30, 1998 against the honor system, alleging that racial bias against black students was present in its proceedings.
"The procedure is we evaluate the complaint to make sure we have [jurisdiction], i.e. is the complaint under those laws we are required to enforce," U.S. Education Department spokesman Roger Murphy said. "We also determine if the school is in receipt of federal funding."
Under Title VI of the Civil Rights Act of 1964, no institution receiving federal aid, such as the University, can legally discriminate against an individual because of race or national origin.
"The reality is [the OCR] found no discrimination," Murphy said.
The Honor Committee met in full in June to discuss the OCR's investigation and to decide how to proceed.
The OCR "recommended we codify our existing policies-we drew up a resolution to do that-it is a reaffirmation of what we are already doing," Ferguson said.
"The University has agreed to implement the enclosed agreement which is acceptable to resolve the issue(s) raised" in the complaint, the letter to Casteen states. "If the University fails to implement this agreement (e.g. next year's Honor Committee chooses not to honor the agreement, or certain parts of the agreement) further action by the OCR may be necessary."
Specifically, the OCR examined the statistical representation of black students involved in Honor proceedings in proportion to the University's overall black population.
Also, the OCR investigated the amount of black student participation within the Honor Committee as well as its support officer pools, including minority recruitment efforts.
"We contacted the [University] and requested information regarding the school," Murphy said. "The school had one year of data, there was nothing to compare it to because Honor throws [data] out."
But Ferguson said that in the past keeping data has not been a topic of concern.
"We didn't keep it in the past-it wasn't practice," Ferguson said. "But we kept all of last year's [data] and are maintaining them now."
"One year of data does not equal a trend," Murphy said. One "can't determine discrimination on one year so part of the agreement is the [University] start keeping data on" honor cases.
One of the policies released by the Committee states that the Committee will continue to maintain statistical data on students investigated by the Honor Committee and make that "statistical data available by September 30, 1999 through the Honor Committee's Web site."
African-American Affairs Dean M. Rick Turner said he was unaware of the OCR's investigation of the honor system.
"I have had, going on 11 years [of this job], many complaints and enormous amount of concern by African-American students' parents that the honor system is discriminatory," Turner said. "I am happy that [the OCR] did not find anything and I hope there is no hidden racism in the honor system-the only thing I can say is that many students and parents would think there is."
Turner said that he encourages African-American students to become involved in all aspects of the University, including the honor system and the University Judiciary Committee.
"Both [Black Student Alliance] and Honor have worked hard on making sure that the spotlighting of black students, especially athletes, was eliminated from classrooms, that random student juries were fair and that all minority students learn about and become actively involved in the honor system, especially encouraging students to participate as Honor educators, advisors, counsel and even as reps and Committee members," BSA Co-President Kazz Pinkard said.
"It seems as though Hunter Ferguson has been making a special effort-they seem to be very serious about seeking information regarding issues of diversity trying to make sure the honor system is fair," Turner said.
The Committee recently released a reaffirmation of their policies, in conjunction with the OCR investigation.
The first practice states that the "Honor Committee will continue to exercise its best efforts to encourage minority student involvement in the Honor Committee's operations and continue to maintain the activity of its Diversity Task Force."
The fifth states that "by September 30, 1999 the Honor Committee will provide OCR with a copy of the [statistical data]. The report to the OCR shall also include statistical data on the race/national origin, if known, and status, e.g. faculty/department, student, and other, of the person initiating the investigation."
Murphy said the OCR will continue to follow the Honor Committee's data.
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