Can We Legislate Integrity?

Understandably, the corporate scandals led to an outcry for action. Wrongdoing should not go unpunished. But as a broader issue, can we rely on legislation—or litigation—to restore integrity to business? After all, the Sarbanes-Oxley Act was designed to do just that. Among other provisions, it created a regulatory board to oversee the accounting industry. Auditing firms would no longer be allowed to provide consulting services that create conflicts of interest. Whistle-blowers would receive greater protection, and executives who deliberately defrauded investors would face long prison terms.

While Sarbanes-Oxley was passed to create systems for corporate accountability, it is also an attempt to legislate business ethics. (As noted earlier, the law requires that companies have a formal code of ethics policy for their executive teams.) But again, it raises the question: Aside from protecting us from the real crooks, can we rely on law to stand in for integrity? Or, should we instead make defending integrity the responsibility of us all, regardless of whether we lead a company or are a member of its rank and file?

This question is currently being debated in the academic realm, as colleges and universities are struggling to combat a steady rise in cheating. According to a 1999 survey conducted at twenty-one campuses by Dr. Donald McCabe, founding president of the Center for Academic Integrity, over 75 percent of participating students admitted to some form of cheating. Approximately one-third confessed to cheating on tests, while half admitted to cheating on written assignments. CAI noted that Internet plagiarism is a particular problem: in a 2001 survey, 41 percent of participating students admitted to lifting material from the Internet and using it in papers without proper citation. What's more, 68 percent of students felt this sort of behavior was "not a serious issue."^[9]

I received my undergraduate degree from Knox College, a small liberal arts school in Galesburg, Illinois. The college is proud of its "honor system," which was introduced through student initiative in 1951. Under this system, Knox faculty members do not proctor exams; students may take tests in any public space in the building. Cases of alleged academic dishonesty are heard by an "honor board" made up of students and faculty advisors. Penalties may vary, but usually mean an F in the course for a first offense and expulsion for a second offense.

The honor system operates with the understanding that each student "is morally responsible for the integrity of his or her own work." Similarly, students are "morally obligated to take action if a violation is seen." Failure to report cheating to the honor board is not in itself a violation, but students who witness cheating are expected to "handle the situation in ways consistent with their conscience and the integrity of the academic community."^[10]

Note the use of the word community. In placing the responsibility for integrity squarely on the shoulders of its students, the college emphasizes the communal nature of education and the importance of trust among those taking part in it. There is guardianship via the honor board and its power to impose penalties, but the overarching message is one of ownership: individual students are accountable for the education they receive. Together, they are accountable for creating the kind of community that supports the highest intellectual standards. If they fall short on this responsibility, other members of the community will take them to task.

Some would claim that honor codes are naive. In fact, many institutions have begun implementing electronic anti-cheating measures as a deterrent. One company, http://Turnitin.com, offers a plagiarism prevention system that compares submitted papers against Internet content. http://Turnitin.com has thousands of high schools and universities as clients; the site boasts that it "presently protects more than 5,000,000 students in over 50 countries."^[11] It's an interesting word choice: protects. Granted, the ease of information available on the Internet may confuse the issue of plagiarism for students. However, by its very nature, this kind of policing doesn't reinforce a sense of trust and community as an honor code does. If a mechanism such as http://Turnitin.com is in place to protect students from plagiarism, then it necessarily takes some of the ownership away from them.

Perhaps it's unrealistic to think that communities of students can be expected to take full responsibility for the integrity of their education. However, surveys conducted by CAI among students at forty-eight campuses show that the level of test cheating at institutions with honor codes is generally one-third to one-half lower than that at schools without codes. The level of cheating on written assignments at schools with honor codes is lower by one-fourth to one-third.^[12] Furthermore, teachers and students achieve more of a reciprocal trust and respect. CAI offers the following testimony from a student:

This semester a professor excused me from taking a test at the normal time and allowed me to choose the time and date when I could make it up. Mutual trust was built from day one of this semester and has influenced the way I approach the course. I feel an obligation to my teacher to perform to the best of my ability, which I credit to the respect we have for one another in our different roles.^[13]

I make the point strongly about the college environment because today's students are the business leaders of tomorrow. What rules they learn about integrity, accountability, and trust are brought with them into the workplace. On the other hand, is it naïve to think that communities of businesspeople, if expected to take full responsibility for the integrity of their workplace, will embrace the opportunity? Is it naïve to think that they can create the same kind of reciprocal trust and respect? Perhaps there is hope that if we embrace our responsibility for contributing to the integrity of our workplaces—if we care enough to figure out what is the right thing to do—then we'll help create workplaces built on trust. Then we'll help create Accountable Organizations.

^[9]Center for Academic Integrity, http://www.academicintegrity.org.

^[10]Knox College Student Handbook, 2002-2003, 35.

^[11]From http://www.turnitin.com.

^[12]Center for Academic Integrity, http://www.academicintegrity.org.

^[13]Center for Academic Integrity, "The Fundamental Values of Academic Integrity" (brochure), October 1999, 6.