Report Asks to Amend to Sanctions, Burden of Proof

The report titled, "The Practice of Honor at UNC Chapel Hill" proposes significant changes to the Code of Student Conduct.

Among the most noteworthy proposals are motions to change the standard of proof for all misconduct charges brought before the Honor Court from "beyond a reasonable doubt" to "clear and convincing;" to create a fast-track option for guilty pleas in both academic and non-academic cases; to create a student advocate for honor position; and to create a faculty adviser for the student attorney general.

"We were talking about moving away from a criminal law standard because in many instances when it was 99 percent sure that a student had cheated, it was not beyond a reasonable doubt," Marilyn Yarbrough, task force chairwoman said. "That's important in an academic setting because what we're about is education.

"Students make mistakes in judgment. We want to help students understand the consequences before they leave. That doesn't happen when (offenses) don't even get charged."

Yarbrough said the threat of false convictions is minimal because "there are a lot of safeguards built into the system."

The task force's call for a scale of normative sanctions is the result of the group's overarching view of the judicial process as an educational one.

"We want people to look at the violation and make some judgment about what sanction is appropriate -- one that would have educational, rather than just punitive, value," she said.

Yarbrough describes the scale as "a range of sanctions."

"Depending on circumstances, you might get a different sanction," she said.

The report also allows for a fast-track option that expedites the judicial process.

In the past, many students found themselves waiting long periods of time for a sanctioning regarding their cases.

"We thought there should be a limited period of time so that students would know (the decision of the judicial body) and could get on with their lives," Yarbrough said.

The new student advocate for honor would be "someone who would be responsible for helping the campus keep this culture of honor before them," Yarbrough said.

"(The advocate) would help sponsor programs about the student judicial system, do things that would keep it in the public eye -- that would show that the student honor system was pertinent to all of us and not just something out there to catch us," she said.

The report also recommends the implementation of an "XF" grade for students who fail a course due to academic dishonesty.

After studying the report, Moeser will refer it to Dean Bresciani, interim vice chancellor for student affairs, with a request for its recommendations to be reviewed by the Committee on Student Conduct, which oversees student judicial governance at the University.

Moeser will ask that the committee seek input from such bodies as the Faculty Council and Student Congress this fall and submit its final suggestions for action by Dec. 1 -- one year after Moeser appointed the task force.

The University Editor can be reached at udesk@unc.edu.