BYU is a strange place. It's wonderful in many ways, and peculiar in many others. The BYU Honor Code gets credit (correctly or not) for a lot of the good things about BYU. I really appreciate that my college years weren't filled with binge drinking and casual hookups. BYU is justifiably proud of it's "stone cold sober" reputation --
19 years running! (Still, "
Milktoberfest" may be taking things too far.) I appreciate that I had take home final exams, with professors who trusted that none of us would try to obtain an unfair advantage by going over time. I consider myself fortunate to have attended a school that takes scholarship and faith seriously, and where students and faculty aspire to live as disciple-scholars.
Unfortunately, one aspect of the Honor Code goes beyond peculiar to downright bad: by creating a system that discourages victims from reporting rape, it creates an environment
where rapists thrive (Obvious content warning). There ought to be no question that this needs to change. In fact, BYU's Honor Code has been
tweaked recently, but the changes have to do with a petition process for students who lose their required yearly endorsement from an ecclesiastical leader. That might help, but the cases in the news recently involve investigations by the university's own Honor Code Office, not withdrawn ecclesiastical endorsements.
How We Got Here
I think it's helpful to understand a few aspects of BYU culture that made the Honor Code what it is. First, BYU can't be seen as the place LDS students go to become less faithful or less observant. This means that the most stringent interpretation of what it means to live the LDS religion is particularly favored.
For example, there is (or at least was, when I was younger) disagreement over whether the LDS doctrine prohibiting coffee and tea extends to prohibit other caffeinated beverages. Within the last few years, the LDS Church officially clarified that caffeine, apart from coffee and tea, is
not prohibited (and in fact, just last weekend, a top LDS official described the help he had with a steep learning curve, including "
many liters of a diet soda that shall remain nameless.") Still, the only sodas you can buy at BYU are caffeine free, which university spokeswoman Carri Jenkins attributes to a
lack of demand.
As you might be able to tell from that article, I'm not sure anybody believes that. I can tell you that everyone at the law school knew the nearest off-campus source for Diet Coke. It's not remotely accurate to say that there is no demand for caffeinated beverages. What seems more likely is that there
is significant demand, from those who believe caffeine to be sinful, for there to be no caffeinated beverages.
Now, what sodas you can get at on-campus vending machines and restaurants isn't actually an honor code matter. However, I perceive similar pressures to be ultra-observant as a major factor in the honor code. I recall when an LDS prophet suggested, in a "your body is a temple and ought not to be disfigured" sort of context, that one pair of modest earrings was sufficient adornment for a young woman. LDS temples are not so modestly adorned, but it didn't take long for the BYU honor code to turn that suggestion of what was sufficient into a mandatory requirement that women have no more than one ear piercing per ear. (If that seems poorly worded, like someone didn't consider that preexisting piercings don't instantaneously heal even if you obediently take the second pair of earrings out, you're right -- welcome to the infuriating lack of thought that goes into the BYU honor code!)
The second issue is that BYU can no longer take every capable LDS student, so everyone there is taking a spot that could have gone to someone else. It's not like BYU is as hard to get into as the Ivy League, but there was a time in living memory when any LDS student who could get into some university somewhere could probably get into BYU. However, BYU has a considerably better academic reputation than several decades ago, and the LDS church is considerably larger, so the pool of applicants is significantly expanded compared to the university's ability to accept them. With LDS church members funding education at a university where many can't send their own children, it's appropriate that the University is mainly for faithful LDS students. However, there isn't just a pressure to
be above reproach, or this wouldn't be a second point; it'd be the same as the first. There's also significant pressure to
appear above reproach.
This pressure leads to things like the infamous bathroom ban. All single undergraduates not living with their parents are required to live in sex-segregated housing (even off-campus), and the Honor Code indicates that "The use of the bathroom areas by members of the opposite sex is not appropriate...." When I first moved into a student apartment, that sentence ended there, and it eventually became clear that if we ever had women over who weren't aware of the ban, it was incredibly rude to say "no, you can't use the bathroom." I imagine that letting someone use your toilet is not a slippery slope to fornication for most people, but the mere appearance of anyone in that general area, out of the living room and back toward the bedrooms, was suspect.
The bathroom ban was later amended to include an exception where "emergency or civility dictates otherwise" (here's a tip: civility
always dictates that if you have a working bathroom, guests are allowed to use it), but I see it now includes an exception to the exception, allowing bathroom use "only if the safety, privacy, and sensitivity of other residents are not jeopardized." So, I guess, don't try and use the bathroom if someone else is already in there? -- and that's not just common sense, it's a rule, because of keeping up appearances.
What the Honor Code Is
As a result of the above pressures, the Honor Code becomes overly proscriptive. You don't have to take my word for it; you can look at the whole thing yourself:
BYU Honor Code.
There are some weird things. It's very far reaching. Observance of at least the general principles and standards of conduct are a condition of admission and employment, for students, faculty, administration, and staff, whether LDS or not (except that the requirement to attend church regularly doesn't apply if you're not LDS), and it applies on and off campus. That's great as far as the parts about actually being honorable go, and it's understandable that we care about impressionable LDS students living LDS standards wherever they go. However, it's pretty weird that a non-LDS electrician could be fired for drinking coffee at home.
Academic honesty seems to be an afterthought. You can see that the specific "policies embodied in the Honor Code include ... the Academic Honesty Policy," which is in a separate document. So, it's not forgotten, and plagiarism is as serious at BYU as anywhere else, but the sort of academic misconduct that you might expect to be the focus of a university honor code is barely mentioned. When people talk about "observing the Honor Code," they mean "living right," including observing all LDS standards. Right living naturally includes being an honest student, but is considerably broader in scope.
"Good Honor Code standing" is required for admission, enrollment, and graduation, and may be lost based on the Honor Code Office receiving reports of misconduct, an ecclesiastical endorsement (from your LDS bishop, if you are an LDS student) lapsing or being withdrawn, or for excommunication, disfellowshipment, or disaffiliation from the LDS church. University enforcement, through the Honor Code Office, has a reputation for harshness. I don't know if it's deserved, but they aren't called the Honor Code Gestapo for no reason. The approach, at least when athletes' Honor Code violations are made public, seems to be that we apply the same (harsh) standards to everyone, evenly. Maybe there is more room for mercy when it's not in the news, but I don't know. It seems best to avoid entanglement with the Honor Code office if at all possible.
Conversely, ecclesiastical enforcement, by requiring a yearly endorsement (from the bishop of your assigned LDS congregation, if LDS, otherwise from another ecclesiastical leader applying BYU's standards) is a notorious crapshoot. Some bishops may understand individual circumstances, but other bishops may not let you miss church more than twice in a semester without a doctor's note. One bishop may impose disfellowship (with automatic loss of good Honor Code standing) for a problem that another bishop would helpfully counsel you through. There is, as noted above, an appeals process for denied endorsements, but not for excommunication or disfellowshipment, and the appeal is based on having actually observed the standards of the Honor Code, or demonstrating other "sufficiently compelling grounds to warrant an exception."
The effect of harsh and/or unpredictable enforcement is that sin is as inevitable as ever, but confession is discouraged. If you commit some serious violation of LDS standards, the Church will tell you it's best to repent with the help of your bishop, but the Honor Code makes it more practical to keep it to yourself. It seems a terrible burden on the soul, especially if you believe that such worldly concerns show a lack of true contrition, indicating that you are unrepentant after all
Enforcement might be less of a problem if the standards of conduct were less strict, or more well-defined, but they are both overly strict and nebulous. (In fact, my experience is that a lot of people think there are things in the Honor Code that aren't actually there, like keeping at least one foot on the floor when you and your date are sitting on the couch -- I'm sure that's someone's parents' rule, but it's not in the Honor Code).
There are specific prohibitions you might expect from an LDS university (alcohol, tobacco, gambling, etc.), but other prohibitions that are far more vague. When I was there, the "use" of "substances" was forbidden, and even the most observant LDS students are not so ascetic as to fully abstain from food and water. Now it's the "intentional misuse or abuse of any substance" that is forbidden, which I'm sure is meant as a prohibition on huffing paint or abusing legal drugs, but it still sounds an awful lot like students could be expelled for intentionally misusing a stapler -- "you know it's not made for that many sheets!"
More seriously, there is a catch-all prohibition for "any other conduct or action inconsistent with the principles of The Church of Jesus Christ of Latter-day Saints and the Honor Code." "[A]nd the Honor Code" is largely superfluous, since the Honor Code is explicitly based on a "commitment to conduct that reflects" the "ideals and principles of The Church of Jesus Christ of Latter-day Saints." But who in the world has never acted in a manner "inconsistent with the principles of The Church of Jesus Christ of Latter-day Saints and the Honor Code"?! Have your actions ever been motivated by pride? Lust? (I'm fairly sure passionate kissing before marriage is both inconsistent with
published LDS principles, and not unusual at BYU.) Have you ever
listened to music at an unreasonable volume? If the Honor Code incorporates every principle of the LDS church, it becomes like having a 10 mph speed limit everywhere: everyone is going to break it, and enforcement can only be arbitrary. At church, you can at least repent and aspire to be better, but the Honor Code has no provision for repentance.
The Honor Code also includes some further prohibitions that aren't vague, but that are problematic in other ways. It contains the most detailed proscription of "homosexual behavior" I am aware of an any LDS context: what the university calls "same-gender attraction" isn't an honor code issue, but "all forms of physical intimacy that give expression to homosexual feelings" are forbidden. You can't so much as hold hands or hug if it might be an expression of "homosexual feelings." Honestly, even church on Sunday morning is less homophobic than that!
Lastly, and more trivially, dress and grooming standards don't belong in an honor code. I don't see anything wrong with a university having dress standards -- it can require that everyone wear funny hats, for all I care. What I object to is the implication that facial hair or earrings are dishonorable, or that brightly colored hair does not reflect personal dignity and integrity.
The "You Signed It" Argument
A frequent counterargument to any criticism of the Honor Code at BYU was the "you signed it" argument. It goes like this: you agreed to the Honor Code, and if you don't like it you should go somewhere else. This is an extension of factor #2 above: everyone is taking a spot that could have been someone else's, and if you don't want to be here as things are, somebody else does.
However, I'm not at BYU anymore, and I can say whatever I want about the Honor Code. Also, maybe all the reports of minor Honor Code infractions being used to pressure people into sex acts might be a hint that even the people who signed it are in need of something better.
What the Honor Code Should Be
Paradoxically, after all these rules, the culture surrounding the Honor Code at BYU contains
this gem, from Karl G. Maeser, the founder of the Brigham Young Academy that preceded BYU:
"I have been asked what I mean by 'word of honor.' I will tell you. Place me behind prison walls--walls of stone ever so high, ever so thick, reaching ever so far into the ground--there is a possibility that in some way or another I may escape; but stand me on the floor and draw a chalk line around me and have me give my word of honor never to cross it. Can I get out of the circle? No. Never! I'd die first!"
This is all over the walls in the testing center, and on just about every piece of paper you'll ever see from the Honor Code Office. Every so often, someone will draw a chalk circle around the statue of Karl G. Maeser. It's a permanent fixture of BYU culture. And it's directly opposed to the way the Honor Code currently is. The thing about honor is that it implies non-enforcement, and trust. With only a chalk circle, a simple promise not to cross a line is more powerful than walls of stone. With the walls of stone, though, it is not honor that is at stake, but practicality -- either you can escape or not.
Okay, it's a bit of a silly example. I wouldn't give my word of honor to stay in a chalk circle in the first place, and I certainly wouldn't choose death before dishonor if, for example, there wasn't any food in the circle. I see honor as a sort of credit that you have with other people who trust you, and it does you little good if you're dead. Educators are fond of contrived hypotheticals, though, and the point stands -- being a person who can be trusted may be worth self-imposing some restrictions on your own freedom.
Similarly, Joseph Smith, when asked how he governed so many people, claimed that it was very easy: "I teach them correct principles, and they govern themselves."
So, here's what I'd like to see in an Honor Code: A recognition that any code will eventually create a mechanism for enforcement. Sensible decisions about what must be enforced. For the rest, trust, self-governance, and teaching correct principles. This means that students may come home drinking Diet Coke. It means that students who didn't get in might appear to be more faithful than some BYU students. It means that BYU students could have crises of faith (that already happens, of course), but could also talk to someone about it. It means that we'd have to put up with the fact that BYU students are dumb kids who do dumb things. But BYU students are also among the best and brightest young minds in the LDS church, and can, for the most part, be trusted to do what's right, with encouragement instead of threats. It'd also mean that there wouldn't be a long list of easily-committed infractions that rapists and abusers could use to push people around.