University of Virginia Library

David L. Morris (JP)

"The legality of the System" is an
indeterminate expression because of a lack of
explicit legal precedent applicable to a form of
student self-government as unique as our Honor
System.

Those case briefs that do exist imply that a
system such as ours is "legal" if it satisfies the
"requirement of fundamental fairness." There
are three general areas in which the System
could come under legal scrutiny: the areas of
scope, penalty, and procedure.

Change or redefinition in one or more of
these areas will enhance the System's fairness
and insulate it from possible legal challenge.
Because of the interrelationship of scope and
penalty, I have proposed continued periodic
redefinition of the System's scope in light of
the student consensus of honor.

Procedural fairness should be enhanced by
the immediate incorporation of the right to
appellate review before elected student representatives,
a change under consideration by the
present Committee.