"The question is not whether the University
can discipline you, but whether you can discipline yourselves"
-Edward Kidder Graham
UNC President, 1914-1918
The University of North Carolina at Chapel Hill is the oldest State University in
the nation, chartered by the North Carolina General Assembly in 1789.
When Carolina enrolled its first students in 1795, authority to regulate
student conduct was placed in the hands of the University trustees,
who assigned powers of investigation and sanctioning to the faculty.
The trustees were given the right to "make all such laws and regulations
for the government of the University and preservation of order and good
morals therein
as to them may appear necessary: Provided, the
same are not contrary to the unalienable liberty of a citizen or to
the laws of the State." The concurrent goals of order and liberty
have been the standards by which the Honor System has measured itself
since that time.
The University's first code of conduct regulated much of students'
lives. Study hours and church attendance were enforced and gambling,
drinking, fishing, and dueling were forbidden. Students caught violating
regulations faced public admonition by the faculty, suspension, or dismissal
from the University. In his History of the University of North Carolina,
Kemp P. Battle reports on students expelled or suspended for "firing
of pistols," assault, arson, drunkenness, throwing rocks at their
tutors, stealing their professor's horses, and even dueling.
Maintenance of these early regulations was left to the faculty and
student monitors with varying efficiency through the first years of
the University's existence. Students and faculty alike generally maligned
this arrangement. Students objected to the faculty's heavy-handedness
and "oppressive and tyrannical laws." Faculty members disliked
the arduous task of inspecting student rooms at night, when they would
often find themselves the targets of a variety of pranks and shenanigans
at the hands of the students.
Two student organizations shaped a second evolution of student governance
and set the standard of student self-governance that continues to this
day. The Dialectic and Philanthropic Societies were organized by some
of the first students in 1795 to serve as social and academic releases
for students apart from the prying eyes of their professors. Faculty
members were forbidden to interfere with the societies' governance or
attend their meetings. This practice of self-governance blossomed into
an unofficial campus judicial system during the first 75 years of the
University's existence. By the 1830s, the Societies would turn over
members who violated university policies to the faculty and would offer
guarantees of their fellow students' good conduct as members of the
Societies. The Societies' standards of conduct were often taken into
consideration by the faculty when reflecting on disciplinary measures
against erring students.
When the University was revived in 1875 after the Civil War, the faculty
turned the responsibility for maintaining "a high level of propriety"
over to the two debating societies. By 1890 matters of academic cheating,
along with the by now traditional cases of social misconduct, were turned
over to the student societies for trial and punishment. In 1904 a new
form of student self-rule, the Student Council, emerged. Since then
disciplinary matters have been handled by the University rather than
by the debating societies.
Continued growth in the size and diversity of the student body made
new disciplinary bodies necessary. In 1946 the first student body constitution
was adopted, which established five student courts. These were: the
Student Council with original jurisdiction over all Honor Code offenses,
a Men's Social Council, a Women's Social Council, an Interdenominational
Council, and the Women's Council.
Criticism of this system in the 1950s and 1960s prompted major reforms
to the implementation of the Honor Code. The creation of the Instrument
of Student Judicial Governance in 1974 hailed an increased role for
students in the regulation of their own affairs. Student courts were
given original jurisdiction in academic as well as conduct violations.
The Instrument leaves final authority over judicial matters in the hands
of the Chancellor, but makes it clear that student discipline is both
a right and a responsibility of three bodies: the students, the faculty,
and the administration. No group may unilaterally change the system
without the consent and involvement of the other groups. The Instrument
serves as the University's policy statement on student discipline to
this day, continuing the rich tradition of student self-governance at
the University.
Much of the information in the History section is found in The
Story of Student Government in the University of North Carolina at Chapel
Hill by Albert and Gladys Coates, and The History of
the University of North Carolina by Kept Battle. Copies of both books are available for loan in the Office of the Dean of Students. Call 966-4042 for more information.