Honor 2-2

1. Honor 2-2 Current As Of: 12/2/2013

2. Goals • Understand the Path of an Investigation • Understand Honor Court Proceedings • Understand the Appeal Process

3. Path of an Accusation • Almost every action starts with the company level honor rep. • After a Cadet witnesses a possible Honor Violation he will report it to his Company Honor Representatives. • The Company Honor Representative forwards an accusation sheet to the Battalion Honor Representative. • The Battalion Honor Representative sends the accusation to the Vice-Chair for Investigations.

4. Path of an Accusation • The Vice-Chair for Investigation (VCI) reviews the accusation with the Faculty Advisor and decides whether or not to investigate. • If the decision is made to investigate, the Faculty Advisor approves & signs the accusation form to move ahead with the investigation. • From this point on the Investigation Team has 15 business days to complete The Investigation.

5. Path of an Accusation • The VCI will inform a Battalion Honor Rep (from a battalion the accused is not from) that he needs an Investigation Team from his battalion. • The Battalion Rep will assign one of his Investigation teams to this investigation. • One member of team will be assigned as the Chairman and will have a copy of the Accusation form.

6. Path of an Accusation • If the case is recommended to go to trial then the Investigation Team will become the Trial Counsel • The Accused has a right to a defense counsel, typically composed their company honor reps (though it can be anyone other than first semester knobs) • The defense counsel is given 5 days (at a minimum) to prepare for trial

7. Honor Trial Proceedings • The court will consist of 10 members of the Honor Committee • These members will be from different battalions as both the Trial and Defense team to eliminate any bias. • The Accused has the right to challenge any member of the Court for bias if they wish.

8. Honor Trial Proceedings • If the Accused does not wish to Challenge any member of the Court, the Alternate will be released and the trial begin. • Witnesses will be led in, sworn in, and then return to the Ante room. • The Trial Counsel will read the Accusation and make their opening statement, pass out evidence (Trial Packet). They will then begin calling witnesses. • The Defense will make their opening statement and pass out any evidence, then begin calling witnesses.

9. Honor Trial Proceedings After each Cross Examination the Counsel that originally called the witness will have the opportunity to Re-Cross Examine (Re-question their witness for rebuttal). After both Counsels finish their questioning for a witness, both Counsels and the Court Members will have the option to submit a witness for recall.

10. Honor Trial Proceedings • After all witnesses have been called, re-called, and questioned the Chairman will ask the defense how long they need to prepare a closing statement (typically 15-20 minutes). • The Court goes into recess for amount of time the Chairman allots. • When the Court reconvenes both Counsels will make their closing statements and the Honor Court goes into deliberation and everyone except the Court members leave the Honor Court Room.

11. Honor Trial Proceedings • Once the court enters into Deliberation the Chairman will take a straw vote to ascertain the Courts standing. • The Court will discuss their various stances (guilt or innocence), bring up Key Facts, review evidence, notes, or the tapes. • Once the Chairman feels enough time has passed for discussion, they will ask if all members of the Court feel comfortable voting. • If so, all members of the Court will vote via secret ballot (a folded sheet of paper). • All 10 members have to vote “In Violation” for in violation, if one votes “Not in Violation” the accused is found not in violation.

12. Honor Trial Proceedings • After this vote is counted and secured the Chair will ask the Court about Leniency. • Any circumstances for Leniency will be discussed in the same manner as before. • After the Chair feels enough time has been allowed for discussion they will ask if all members have come to a decision concerning Leniency.

13. Honor Trial Proceedings • If so, all members will vote via secret ballot for “Leniency” or “No Leniency.” • The Chair will abstain from voting and the majority will rule (a simple majority 5 out of 9 is needed for Leniency). • Once this is finished the Chair will declare the deliberation is concluded.

14. Honor Trial Proceedings • Once the Honor Court has finished deliberation the Sgt at Arms will be notified to collect the Counsels and Faculty Advisor. • Once all are present, the Court will reconvene, the findings will be announced, and the Secretary will collect all evidence for shredding/storage. • The findings of the court will be presented to the president, and he will make the final judgement.

15. The Appeals Process • If an accused cadet is not found in violation all evidence is collected and destroyed. • If an accused cadet is found in violation three options are given: - Accept the finding and expulsion - Resign from the College transcript will read “Permitted to Resign” -Appeal

16. The Appeals Process The Three Grounds for Appeal are: 1) New evidence, available since the Honor Court Hearing, which would indicate the findings of the court are in error 2) Evidence that the cadet’s rights were not protected, jeopardizing that cadet’s right to fair and impartial hearing 3) An error in the Trial Proceedings of such magnitude as to jeopardize the fairness of the hearing

17. The Appeals Process • An Honor Board of Review considers written appeals • Can make a recommendation or hold a hearing. • The hearing would be with the accused, the accused cadet’s counsel, Chairman, and Faculty Advisor • President considers the appeal and recommendation and makes final decision

18. Questions &Comments