Understanding Honor Code in Cadet Life

HONOR 4-4 • Honor in Cadet Life Prepared by the 2010 Honor Committee As of 24 August 2009

Refresher Training and Honor in Cadet Life • Purpose: • Review basic Honor concepts from prior lessons • Provide more information on the Honor Code and system • Review common scenarios in which Honor Violations may occur • Review the path of an accusation and court procedures Prepared by the 2010 Honor Committee As of 24 August 2009

Review • What does one do when they suspect a cadet has committed an Honor Violation? • What are the four components of the Honor System? • What is an Improper Question? • What is the role of your Company Honor Representative? Prepared by the 2010 Honor Committee As of 24 August 2009

Review • What are the two conditions an accusation must meet to be considered an Honor Violation? • What is the relationship between the Honor System and the disciplinary system? Prepared by the 2010 Honor Committee As of 24 August 2009

Special Orders • Once you have completed an activity that you have received Special Orders/Leave for, you must return to campus immediately. • You are ineligible to take General Leave in conjunction with Special Orders/Leave if you have prior obligations (Class, Military duties, Punishments, etc). Prepared by the 2010 Honor Committee As of 24 August 2009

Written Statements at The Citadel • Keep in mind, an intentionally written false statement will be considered an Honor Violation. • Always be honest anytime you make a statement, written or oral. The consequences of being honest on a report will not out weigh those of being found in violation of the Honor Code. • Lying is defined as “Making a false official statement. An official statement is defined as a statement, written or oral, made to a commissioned or noncommissioned officer of the staff or the faculty of the college, a member of the guard on duty, or any cadet required in turn to use the statement as a basis for an official report in any form.” Prepared by the 2010 Honor Committee As of 24 August 2009

Explanation In Writing • This is the most common form of a written official statement that cadets will see. • The top form is an example of a Performance Report. • Remember to accurately check the box “This Report is Correct: ___ Yes ____No”. • Do not check “No” simply because you do not want punishments. Prepared by the 2010 Honor Committee As of 24 August 2009

Explanation In Writing • Ensure when a cadet checks the box labeled, “This report is correct/incorrect” that the Performance Report is accurate. • Remember, when you fill out the “Circumstances of Extenuation or Mitigation Are:” section to always answer accurately and directly. ERWs are often used as an opportunity to quibble. • A cadet can check the “This report is correct” Box and then still fill out the “Circumstances of Extenuation or Mitigation Are:” section. • This is an official statement! Prepared by the 2010 Honor Committee As of 24 August 2009

Family Educational Rights and Privacy Act (FERPA) • What is FERPA? • FERPA is a federal statute enacted in 1974 • FERPA compliance is required by all public schools and is enforced by the Department of Education • Failure to comply with standards could result in the loss of all federal funding to institution • All students who attend The Citadel have FERPA rights Prepared by the 2010 Honor Committee As of 24 August 2009

How FERPA affects the Honor Code • All matters pertaining to an investigation, trial, findings, and appeals are protected under FERPA. • Due to FERPA the committee can no longer announce specific details pertaining to individual trials to the Corps • Discussion of the above matters to those who do not have a legitimate educational interest will result in severe disciplinary actions Prepared by the 2010 Honor Committee As of 24 August 2009

Accusation Procedures • What happens when you accuse another cadet of an honor violation? • Company Honor Representative receives the accusation, and decides whether or not the incident is possibly an Honor Violation. If so, the Rep takes statements from all cadets involved and forwards that information to the Battalion Honor Representative. • The Battalion Representative records the details and forwards the info to the Vice Chair for Investigation • The Vice Chair for Investigation reviews the accusation and decides whether or not to pursue an investigation. Prepared by the 2010 Honor Committee As of 24 August 2009

Accusation Procedures • If the VCI decides to continue with an accusation he forwards it to the Faculty Advisor to the Honor Committee. • The Faculty Advisor signs the accusation form to move ahead with investigation. • Following authorization from the faculty advisor, the President’s office must approve of the investigation • From this point, the Investigation Team has 15 working days (Monday-Friday) to complete the investigation. • The Vice Chair for Investigation assigns three members of the Honor Committee, from a battalion other than the accused and/or the accuser, as the Investigation Team. • At the end of the investigation, the Investigation Team makes a recommendation to the Vice Chair for Investigation whether or not a trial is needed. Prepared by the 2010 Honor Committee As of 24 August 2009

Accusation Timeline

Honor Court Proceedings • If an accusation is recommended for trial, the Honor Chairman will appoint 8 honor representatives to sit on the court. • The Honor Court consists of ten voting members: Chairman, Vice Chair For Education, a battalion honor representative and 7 company honor representatives. • For the trial, the investigation team becomes trial counsel and leads the effort to prove the accused cadet in violation of the Honor Code. • The defense counsel is selected by the accused cadet. It is typical for the accused to select his/her company honor reps, however, he/she may select any member of the corps with the exception of 1st Semester knobs. Prepared by the 2010 Honor Committee As of 24 August 2009

Honor Court Proceedings • Evidence is presented from both the trial counsel and defense counsel; witnesses are called and cross-examined • Once both counsels have presented their evidence and closing statements, the court goes into a closed conference to deliberate and return a recommendation to the President (verdict). • Following deliberations the findings are announced to the trial counsel, defense counsel, faculty advisor and the accused Prepared by the 2010 Honor Committee As of 24 August 2009

Appeals Process • Why are those that have been found in violation of the Honor Code allowed to stay on campus after their trials? • Cadets that appeal a guilty verdict remain in good standing with the college until their Honor Board of Review (appeal hearing) scrutinizes the appeal. If sufficient grounds are found for an appeal, the board will review the entire case and then make a recommendation to the President to either affirm or overturn the Honor Court’s original decision. • The President of the College considers appeals and recommendations, however, only he makes the final decision Prepared by the 2010 Honor Committee As of 24 August 2009

What are the Grounds for an Appeal • New evidence, available since the Honor Court Hearing, which would indicate the findings of the court are in error • Evidence that the cadet’s rights were not protected, jeopardizing that cadet’s right to fair and impartial hearing (commonly FERPA violations) • An error in the trial proceedings of such magnitude as to jeopardize the fairness of the hearing As of 18 August 2006 Prepared by the 2010 Honor Committee As of 24 August 2009

Honor Board of Review • Consists of three voting members from the College Faculty and Staff • A Vice President • A representative of the Commandant’s Office • A department Head Also includes non-voting cadet advisor from the Honor Committee As of 18 August 2006 Prepared by the 2010 Honor Committee As of 24 August 2009

Summary Review this presentation at the Honor Committee Webpage http://citadel.edu/r3/honor/index.shtml Questions? Prepared by the 2010 Honor Committee As of 24 August 2009

Understanding Honor Code in Cadet Life