Picture this: You are before the Honor Committee and you cannot plead the Fifth Amendment. Not only is your education on the line, but it seems your constitutional rights may also be taken away.
While some University students may perceive the recent Honor System Review Commission's proposals as threatening their constitutional rights, Committee members and other officials said the proposed changes in the Committee's Fifth and Sixth Amendment analogues only attempt to make the honor system more fair and efficient.
"I promise you, there is no constitutional issue," Law Prof. Earl Dudley said. Dudley serves on the Commission that outlined the major changes to the student-run system.
Proposal 9, which aims to change the Sixth Amendment, strikes "to confront and cross examine" from the current wording to provide for a speedier trial. In effect, this deletion gives the accused the option of questioning witnesses used against him in an honor trial via speaker phone. Audio/video tape, or other approved means can also be used to testify rather than live testimony.
Proposal 10 eliminates a student's right "to refuse to testify against himself" from the Honor Committee Constitution.
"The goal is pursuit of the truth," said Amy Campbell, Honor Committee and Commission member.
Under the current system, a student pleading the Fifth Amendment "undercuts the spirit of honesty," Honor Committee Chairman Thomas Hall said.
With these two proposals, the Commission hopes to move away from a strict legal model and towards an less adversarial, administrative one that is "fairer to everybody," Campbell said.
As it now stands, the University's honor system faces potential liability, with each new lawsuit against the system threatening the longstanding tradition of student self-governance at the University. There already have been four cases in the last four years which lawyers have challenged the credibility of a student-run honor system, Dudley said. Therefore, passing these two proposals will provide for a simpler, less liable honor system
An administrative system existed at the University for more than 100 years until University students revised the Honor Constitution in 1977 to one modeled after the U.S. criminal justice system.
The Honor Commission wants to move away from the idea that an honor offense is a criminal charge, but rather an administrative issue, Hall said.
A similar honor system at Washington and Lee University, while student run, does not abide by the strict guidelines of the U.S. criminal justice system as the University's honor system does.
Washington and Lee University's honor system has survived since 1865 and continues to thrive, said John Comley, president of the Honor Court.
"The best thing about our honor system is that it gives the students the chance to explain themselves," said Comley. Washington and Lee's system provides for an expedient and fair trial, Comley said.
"This is the kind of system students deserve," Campbell said.
However, Campbell said she recognizes some people may be fearful of these proposed changes, worrying that it may undermine the current honor system.
While the University tends to shy away from altering its longstanding honor system, Hall said he believes that the proposals will "strengthen the honor system"
Read More
New School of Data Science building opens with remarks and ceremony
By Cecilia Mould | 10 hours agoThe four-story, 61,000 square-foot building includes four classrooms and two seminar rooms, as well as a two-story central hub for hosting events.
Democratic Futures Project fellow Félix Maradiaga announces campaign to end arbitrary detention
By Caroline Hagood | 10 hours agoA public website for the campaign launched Friday, which Maradiaga says is the first step towards raising awareness.
HRL preassigns 25 percent of returning resident advisors for 2024-25 academic year
By Cecilia Mould | 14 hours agoSome SRs are upset with this change, with two SRs saying that it has somewhat reduced the relative autonomy they have had when choosing their staff in past years.
