THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Sunday, October 23, 1994 TAG: 9410230045
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY PHILIP WALZER, STAFF WRITER
DATELINE: CHARLOTTESVILLE LENGTH: Medium: 84 lines
A University of Virginia law student who accused the school of improperly handling a cheating case faces disciplinary action - including possible expulsion - for discussing details of the case with newspapers.
The action is the latest chapter in an ongoing controversy that has brought into question the independence - and fairness - of U.Va.'s student-run honor system, one of its most hallowed traditions.
E. Jackson Boggs Jr., a second-year law student, said Friday that he has been ``charged'' by the student Judiciary Committee with violating a campus rule prohibiting ``intentional conduct which violates the rules of confidentiality, or which obstructs the operation of the Honor Committee,'' which heard the cheating case.
``I do think there's a clear First Amendment violation going on here,'' said Boggs, 32, a former newspaper reporter from Florida. ``. . . When a body discusses matters of importance to students or constituents, secrecy is really a bad thing.''
Boggs resigned from the student Honor Committee over the summer after it reversed the conviction of Christopher Leggett, a former student accused of cheating on a computer science exam.
In statements to campus and daily newspapers, Boggs criticized administrators for pressuring the honor panel to rehear Leggett's case, even though it already had rejected appeals from Leggett.
Administrators later said a prominent Washington law firm representing Leggett had threatened U.Va. with a suit that the university didn't expect to win because of mistakes made during the initial trial. But they have denied pressuring the honor panel to rehear the case.
David Hanlin, the editor-in-chief of the Cavalier Daily newspaper, criticized the action against Boggs: ``It concerns me that university leaders consider it a good governing principle to keep their constituents in the dark. Gag orders are in no one's best interest.''
Over the summer, Hanlin had been warned by student honor officials not to publish details of the Leggett case or he, too, could face disciplinary action. But he said that he has not been charged.
Other students, though, said the proceedings against Boggs were justified to uphold the honor system.
``Maybe he just wanted to change the system for the good of the school, but he still did it the wrong way,'' said Harry Chang, a junior from Long Island, N.Y. ``What's the point of the honor system if there's no confidentiality?''
Alex Fay, a freshman from Berkeley, Calif., said: ``I think the honor system is crucial here. Sometimes you have to hold it above other things. . . should face the consequences.''
Nate Bush, the student chairman of the Judiciary Committee, could not be reached. University spokeswoman Louise Dudley said the administration was not involved in the decision to charge Boggs.
Boggs' case will be heard by the Judiciary Committee, which is separate from the Honor Committee. The honor panel hears cases involving lying, cheating or stealing; the judiciary panel takes up other breaches of student conduct. If the judiciary panel finds him guilty, it could mete out a range of penalties, from a warning to expulsion, Dudley said.
Boggs said he feels the disciplinary charges are unjustified because he did not discuss details regarding Leggett's guilt or innocence. Instead, he said, he focused on the ``process'' by which the last appeal was granted.
He told The Virginian-Pilot and The Ledger-Star last month, for instance, that Honor Committee members acknowledged pressure from administrators.
``They admitted . . . to having been yelled at (by administrators) and questioned in the following way: `Who is going to represent you if you have to fight a lawsuit?' The implication was: `You'll be on your own.' ''
Boggs also said Friday that he believed Leggett waived his rights to confidentiality because he, too, discussed the case with the media.
Boggs said he felt no choice but to go public to raise his concerns: ``I was watching the executive committee (of the Honor Committee) breaking its bylaws, and I was watching the university put pressure on them, and that is a violation of the Board of Visitors' bylaws,'' he said.
``I'm in this position because I care about the student-run nature of our system.''
Boggs said he learned in late September that the Judiciary Committee would take action against him. But, Boggs said, he was told not to publicize this information or he could face additional charges of breaching confidentiality. But he persuaded the committee to allow him to disclose the action. by CNB