VIRGINIA — One
student reporter’s alleged plagiarism led to formal university charges against
five editors at the University of Virginia. This past week, the managing board at the Cavalier Daily student newspaper wrote
an editorial outlining the steps it took to address plagiarism from within the
newsroom. According to the Sept. 12 editorial, a writer turned in an
“article that featured words and phrases copied verbatim from at least two
other sources without attribution,” a problem identified before the story went to
print. A subsequent investigation by the editors, however, uncovered three
published stories with identifiable plagiarism. In a bid for transparency, the editorial outlined steps the
managing board took to address the plagiarism — the writer was fired, the three
offending articles were removed from the website and the incident was reported
to the school’s Honor Committee. Two days later, Honor Committee chair Ann Marie McKenzie – a
student – filed charges against the five student editors through the school’s
University Judiciary Committee. The Cavalier
Daily reported McKenzie alleged the editorial breached the confidentiality
of the writer’s Honor Committee investigation. Four of the charges have since
been dropped. McKenzie did not respond to requests for comment for this
story. The managing board is composed of Jason Ally, editor in
chief; Andrew Seidman, managing editor; Matthew Cameron, executive editor;
Alyssa Juan, operations manager; and Allie Vandivier, chief financial officer. Ally said the newspaper, while trying to be transparent,
took steps to protect the identity of the writer. “The initial editorial we ran disclosing the plagiarism
incident did not include the writer’s name, the writer’s gender, what section
the writer worked for or even the titles of the published stories,” Ally said. The editorial acknowledged the paper “reported the incident
to the Honor Committee,” language McKenzie alleged violates a part of the
school’s Standards of Conduct prohibiting “intentional, reckless, or negligent
conduct which obstructs the operations of the Honor or Judiciary Committee, or
conduct that violates their rules of confidentiality.” That admission by the managing board was one members
deliberated over, but Ally said acknowledging the reported honor incident
didn’t compromise the confidentiality because “no personally identifiable
pieces of information were conveyed.” “On top of that,” Ally said, “anybody reading the editorial
would read into what’s going on here and realize that an honor investigation
must have been happening.” Two university committees play roles in the proceedings. The
Honor Committee investigates reports of honor code violations, such as cheating
and plagiarism. The other — the University Judiciary Committee — hears
cases involving violations to the Standards of Conduct, and this is where
McKenzie filed the charges for violating rules of confidentiality. Unlike the Honor Committee, which conducts a formal
investigation before a three-member panel decides whether it should continue to
trial, a complaint filed with the UJC immediately gets a trial date if the UJC
decides it has jurisdiction, Ally said. The UJC’s constitution states it shall not have jurisdiction
over “the exercise of journalistic and editorial functions by student groups.” But
on Sept. 22, the UJC executive committee decided it could continue with the
trial despite the newspaper’s objection. Ally said he believes there has been an understanding since
1985 that the journalism exemption applies not only to news organizations as a
whole, but also to individual staff members. The UJC’s decision to continue
with the case challenged that claim. “If you actually buy that argument then this exemption is
worthless because if a student media organization as an entity is exempt from
UJC jurisdiction, yet the individuals who comprise that organization are
actually in UJC jurisdiction, then the exemption is meaningless,” he said. Representatives from the Honor Committee, UJC and the newspaper
had a meeting Sept. 23 moderated by university spokeswoman Carol Wood and
Patricia Lampkin, vice president and chief student affairs officer. Wood did
not return a phone call by press time. On Monday, an email from Victoria Marchetti, chair of the
UJC, stated McKenzie dropped four of the five charges, but the charge against
Ally, the editor in chief, remains. Asked to comment for this story, Marchetti wrote in an email,
“I will not comment on confidential matters pertaining to the University
Judiciary Committee.” During the latest developments, Ally’s staff went into the
paper’s archives and found a 26-year-old incident that could potentially
clarify its claim the UJC does not have jurisdiction. According to a story from
March 28, 1985, an ad hoc committee within the UJC recommended changing the
jurisdictional clause so it could oversee student media groups. On April 1,
1985, the paper reported student media organizations were starting a petition
to reject the recommendation. The UJC subsequently dropped the proposal. “We found this incident in 1985 where it was clearly
articulated that the exemption includes individuals, not just the entity of a
media organization itself,” Ally said. Ally submitted this latest evidence Monday night to the UJC
executive committee to reassess its original claim of jurisdiction. “I urged them to look at this new evidence and reassess its
jurisdiction decision because I think honestly the information we have found
makes it clear-cut that they do not have jurisdiction to hear this case,” Ally
said. “So it needs to be dismissed as soon as possible on jurisdictional
grounds.” Ally said the executive committee meets on Sunday and
Wednesday nights, and he expects a response could come as soon as this week. Ally also said he was unsure of the potential penalties if
he is found guilty. By Peter Velz, SPLC staff writer
© 2011 Student Press Law Center