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CORPS OF CADETS DISCIPLINARY SYSTEM

CHAPTER 5

 

 

“The discipline that makes the soldiers of a free country reliable in battle is not to be gained by harsh or tyrannical treatment. On the contrary, such treatment is far more likely to destroy than to make an army. It is possible to impart instruction and give commands in such a manner and in such a tone of voice as to inspire in the soldier no feeling but an intense desire to obey, while the opposite manner and tone of voice cannot fail to excite strong resentment and a desire to disobey.”

Major General John M Schofield:

Address to The Corps of Cadets, West Point, and now inscribed in the Sally Port

 

    • INTRODUCTION: This chapter presents general expectations, cadet status, standards of conduct for on- and off Post, summary of disciplinary infractions, delinquency reports, demerits/merits, deportment grades and punishments for violations of these regulations.

 

    • GENERAL RULES OF CONDUCT:
    • Cadets enjoy a reputation for meeting high standards of personal appearance and military courtesy and bearing. All cadets are expected to maintain this reputation on and off Post. Cadets shall be in the right place at the right time in the right uniform. Cadets should strive to always be in “Good Standing” (Refer to paragraph 2.05a).
    • Cadets must know and observe the rules of conduct contained in the Blue Book, Commandant Policy Letters (PL), SOPs of the CMDT’s Office, special pamphlets, official notices posted in the barracks on the Sally Port and troop bulletin boards, forwarded to cadets via email, and posted in academic buildings. Cadets must read the Sally Port Bulletin Boards daily, check their email twice daily, and check their Post office mail boxes twice weekly.
    • Acceptable conduct includes, but is not limited to:
        • properly wearing the prescribed uniform, maintaining a military bearing, and practicing excellent daily personal hygiene and grooming standards, while on or off Post;
        • demonstrating respect for authority (to staff, faculty, cadet leaders, and citizens of Roswell) on and off Post;
        • addressing the general public, acquaintances and guests in a friendly and polite manner and not using profane, abusive, or vulgar language to anyone, at any time;
        • avoiding loud and boisterous activities and discussions or efforts to gain attention that reflect unfavorably on NMMI;
        • walking on Post and public sidewalks and paved areas, not on the grass, unless 1) when conducting “police call”, or                2) participating in sports, cadet activities or intramurals, and 3) as directed by the CMDT; and
        • accepting responsibility and accountability for one’s actions.

 

    • CLASS ATTENDANCE POLICY:
    • The value of an NMMI education rests on communication between the instructor and the cadet; thus, these experiences are not to be missed. At NMMI, class attendance is mandatory. Physical Development Training and Cadet Activity periods are considered classes. It is a cadet’s duty to go to class.
    • Unexcused absences will result in cadets receiving 20 demerits and 10 tours. Five (5) or more unexcused absences during the first semester of the Academic Year may be cause for a cadet’s suspension; ten (10) or more unexcused absences during the Academic Year may be cause for a cadet’s suspension.
    • Cadets on the CMDT’s Staff Duty to include Guard Duty will attend all classes. Cadets will not be absent from a scheduled test or laboratory and will not be excused from submitting assignments on time. “Guard Duty” is not an excuse for missing class.
    • Early class departure is prohibited without an instructor's prior permission.
    • In an instructor’s absence, the ranking cadet will contact a faculty or staff member to obtain permission to release the class.
    • Cadets will present excused tardy notes to the instructor at class entry and with minimum interruption.

 

    • REQUIRED CONDUCT AND STANDARDS ON POST: The following behavior is expected and includes, but is not limited to:
    • Properly wearing a clean cadet uniform, polished shoes and brass, and remaining uncovered in buildings and covered when outdoors.
    • Wearing BDU/ACUs shirts buttoned with the sleeves down or fully rolled, as specified by the PMS, SAI, and CMDT.
    • Properly wearing a clean PT uniform. The PT uniform will not be worn in Lusk Hall for any reason.
    • Avoiding unnecessary noise or loitering in the halls or in buildings and going directly to and from class or appointed place of duty.
    • Not sitting on stairs, hallway floors, and outside steps.
    • Not using cell phones, IPODs, MP3s, DVD players and earphones outside cadet rooms.
    • Not consuming food and drinks outside the dining facility or rooms except for special events as designated by DCO/CMDT.
    • No chewing gum while in uniform.
    • Reporting plumbing, safety or damage problems to the nearest faculty or staff member office.

    • PROHIBITED CONDUCT AND CONSEQUENCES:
  • General:
  • Cadets may receive a delinquency report (“stick”) when a violation of cadet or NMMI regulations occurs on or off Post. The number of demerits and tours assessed as a result of a violation are discretionary (except for minor offenses and class absences), not prescriptive, within the ranges set forth in paragraph 5.11a, b, c and d. When addressing any disciplinary infraction, the “whole person” concept will play a part in determining the appropriate number of demerits and tours. For example: Has a cadet received previous counseling or a warning? Does the punishment fit the offense? Is the offense the first one committed by the cadet? Is there a pattern of indiscipline beginning to develop? A cadet who has a history of misconduct in the classroom, in the barracks, off Post, or with athletic teams may receive a different punishment than a cadet with only one violation of cadet regulations during a semester.
  • There are four types of offenses: (1) minor, (2) major, (3) serious and (4) critical. The demerits and/or tours assessed will be determined by the type of offense (see paragraph 5.11). Cadets can expect to receive, at a minimum, counseling for minor offenses with a “warning stick”, after that cadets may receive demerits for violations of these regulations. Repeated violations of the same offense may result in an increasing number of demerits. For major, serious and critical offenses, the same principles of progressive punishment apply. Punishment is at the discretion of the DCO and may involve the immediate assessment of demerits and tours, suspension or dismissal.      

 

    • NMMI DRUG AND ALCOHOL POLICY:
  • NMMI is a drug and alcohol free Post. All cadets are encouraged to participate in the Institute Drug Free Youth (IDFY) program. This program has been developed with law enforcement agencies to provide cadets with a voluntary organization that rewards them for being drug free and to influence cadets who abuse drugs to reject their actions through the use of positive peer pressure.
  • Possession, use or sale of legal/illegal drugs, mind-altering substances, or alcoholic beverages will not be tolerated.
    • Under reasonable suspicion, cadets are subject to drug and alcohol testing. Refusal to take the urinalysis test will constitute admission of guilt and the appropriate disciplinary action will be taken.
    • Cadets are prohibited from using, possessing, transporting, distributing, or attempting to secure/buy legal/illegal drugs, chemical substances, or drug paraphernalia.
    • Cadets are not to attend parties where drugs are present.
    • Drug paraphernalia includes, but is not limited to, hypodermic needles, fabricated or actual marijuana pipes, and “roach clips.”
    • Drug or chemical substance means any  substances used for the mind-altering or physical effects, including but not limited to over the counter drugs, narcotics, marijuana, cocaine, LSD or meth. Chemical substances include performance-enhancing substances not prescribed to the cadet including but not limited to anabolic steroids and over-the-counter products that are inhaled or injected.
    • Aerosols, butane, inhalants, and any substance that may be used to inhale or huff for their mind-altering effects are not permitted.
    • Over-the-counter drugs and any prescription drugs not prescribed by a physician or not taken as prescribed are prohibited.

 

  • Alcohol: Cadets are prohibited from being present at an off Post/on Post party or event where alcohol is present, purchasing alcohol, possessing alcohol or drinking alcoholic beverages, being under the influence of any alcoholic beverage, possessing an empty container with traces of alcohol, and distributing alcohol to other cadets. “Under the influence” means questionable or unusual appearance of the cadet (speech, mood, actions), which leads staff/faculty to reasonably suspect the cadet’s ability to function safely and effectively has been impaired by alcohol and/or drugs.
  • Consequences Resulting From Violation of this Policy: Any cadet found in violation of New Mexico Military Institute’s drug and alcohol policy during the academic school year, including vacation breaks, holidays, and furloughs, is subject to disciplinary action up to and including immediate dismissal and/or criminal prosecution.

 

    • HANDLING, STORAGE, DISTRIBUTION AND USE OF PRESCRIPTION MEDICATIONS:
  • Medications prescribed by a cadet’s personal physician, or at the discretion of the Nurse Practitioner and the Health Services Administrator, must be brought to the Infirmary and logged in. These medications include, but are not limited to steroids, liquid antibiotics, muscle relaxers, nicotine patches, and any other medications deemed to have a potential for misuse/abuse. Medications available over-the-counter, such as vitamins, cough medicine, Tylenol, ibuprofen, etc., must also be brought to the Infirmary and logged in.
  • Notations about the medication, dosage, and prescriber are made by the Infirmary staff. The cadet reads and signs a statement at the bottom of the Log-In form, indicating that they understand how to take the medication that they will not give or sell it to another person, and that misuse of the medication is grounds for disciplinary action that could result in dismissal.
  • The Log-In form also states that the cadet understands that any medication prescribed to them while attending school at NMMI from a provider other than the Nurse Practitioner or the Medical Director must be logged in at the Infirmary and all of the cadet’s questions have been answered. The cadet signs the form and receives a copy to keep with the medication in his/her room. Medications not logged in and found in cadet rooms subjects cadet to disciplinary action.
  • The CMDT’s office is notified daily of any medications missed the previous day. The CMDT’s staff will counsel the individual cadet who is out of compliance with his or her medication regimen and follow up with the parent, cadet, and Infirmary staff. Parents or guardians of High School cadets will be notified by Infirmary staff and TLAs regarding non-compliance issues. Failure to take prescribed medications can result in disciplinary action up to and including dismissal.

 

    • NMMI TOBACCO POLICY:
  • NMMI is a tobacco free Post. To comply with New Mexico state law, and to promote good health, NMMI does not permit the use of tobacco products. This means no smoking, dipping, and no using snuff. This also applies to alternative tobacco products like licorice cigarettes and mint dip. Distributing tobacco products to another cadet is also a policy violation.
  • Smoking poses a significant risk to the health of the smoker and to those in the immediate area. Smoke from cigarettes, cigars, and pipes is also an irritant to many non-smokers and can exacerbate allergic conditions. In 1985, the State of New Mexico enacted legislation requiring employers to adopt smoking policies which would protect the health and comfort of non-smokers.
  • Any cadet found in violation of NMMI’s tobacco policy, during the academic year, including vacation breaks, holidays, and furloughs, is subject to disciplinary action, up to and including dismissal.

 

    • HAZING AND BULLYING:
  • Hazing and bullying are considered  serious offenses and any cadet found guilty of being involved in the hazing or bullying of another cadet may be suspended or dismissed. Hazing or bullying is any unauthorized assumption of authority by a cadet that causes another cadet to suffer any cruelty, indignity, or humiliation. Hazing is defined as the harassment by exacting unnecessary, excessive unauthorized or disagreeable work; to harass by banter, ridicule or criticism, to haze by initiation. Bullying is typically the act of older or larger or longer tenured cadets picking on younger, smaller or new cadets to inflict harm and/or ridicule or criticism.
  • Leaders of character do not resort to demeaning and degrading acts or excessive physical punishment to conduct training or maintain standards within the Corps. No acceptable or cherished NMMI school traditions involve any form of hazing.
  • Types of Hazing: Hazing or bullying is not limited to physical contact or activity. Hazing or bullying may occur in the form of orders directing or forcing unauthorized and excessive physical activity/abuse or verbal abuse.
          • Physical Hazing: A cadet is not authorized to touch another cadet. The exceptions to this policy are limited to positive and constructive military training and physical activities that include, but are not limited to: drill and ceremony, military courtesies and customs, uniform inspections, athletic team and intramural sports, club activities, exercises or fitness testing, obstacle course, rifle team training, and ropes course training. In these cases, the cadets, staff or faculty must remind the participating cadet(s) that some physical contact may be involved and receive acknowledgement from the cadet(s) before activity begins. Any physical contact not in line with training or any contact that causes another cadet discomfort or pain is hazing. The best way to avoid an allegation of physical hazing is to check with the TLA before executing a program of physical activity intended to correct substandard performance.
          • Verbal Hazing: No cadet has the authority to address another cadet in a degrading or demeaning manner. Verbal hazing includes, but is not limited to, threatening a cadet through the Honor System; placing a cadet in embarrassing or humiliating situations that violate personal dignity and show lack of respect for the individual; the use of profanity or vulgar language; written or verbal comments about a cadet’s family members, religion, race, or ethnic heritage; and abusive negative criticism and threats; and derogatory comments directed at another cadet.
          • Bullying: Cadets are not authorized to treat other cadets abusively by means of force or coercion or use browbeating language or behavior. This includes “cyber” bullying or harassment.
  • Under no circumstances can a cadet authorize another cadet to haze or bully a cadet. No cadet can request or give permission to be hazed. Asking to be hazed may result in suspension or dismissal.
  • A staff, faculty member or cadet who observes or suspects any type of hazing or abuse will take immediate action to stop the hazing or abuse. The CMDT or a member of his staff, regardless of the time or day, will be informed immediately of the activity.

 

    • SEXUAL HARASSMENT AND MISCONDUCT:
  • General: NMMI expects every cadet to be committed to respectful living, treating others and their property with dignity and fairness while encouraging others to do the same. In that light, cadets must understand the impact of their behavior on others and strive to uphold the values outlined in the Code of a Cadet.
  • Escorting: When escorting a guest in a public area, observe rules of decorum. A cadet may offer an arm to a guest when walking conditions warrant for example over rough ground, uneven pavement or any other circumstance where an individual might require assistance. When escorting a guest, a cadet must still render proper military courtesies.
  • Dating Among Cadets: Typical cadet friendships based on shared backgrounds, academic or extracurricular interests, or organizational associations, do not constitute dating.
    • Old cadets and yearlings are permitted to date among themselves. Personal relationships must be conducted with discretion, ensuring no public display of affection while in uniform or in barracks.
    • No dating is permitted between old cadets/yearling cadets and a new cadet.
    • New cadets are permitted to date among themselves and are encouraged to date within their own class.
    • College cadets are highly discouraged from dating high school cadets and are not permitted to date 6th or 5th Class cadets.
  • Displays of Affection: It is not appropriate to display affection while in uniform and in public view. Romantic physical contact between cadets on Post is not appropriate.
  • Prohibited Sexual Activity: For the purpose of this provision, prohibited sexual activity means: Sexual intercourse, any form of consensual sexual activity constituting a crime under the New Mexico statutes, cadets without clothing, or any other form of physical contact with another person which, if continued, will produce sexual gratification or release. Cadets shall not engage in prohibited sexual activity. The penalty for engaging in prohibited sexual activity as stated above is considered a Critical Offense and can result in dismissal.
  • Sexual Harassment:
    • Sexual harassment, as defined below, is a form of conduct unbecoming a cadet which will not be tolerated in any aspect or activity of cadet life. Nothing in this regulation is intended to supplant any custom or usage of the Institute pertaining to the offense of conduct unbecoming a cadet.
    • The purpose of this regulation is to proscribe conduct that debases any decent notion of honorable men and women together in the Corps, and the unique value of a NMMI education. It is the Institute’s intent that all cadets enjoy the benefits to be derived from NMMI, including the spirited give and take of Barracks life.
    • Sexual Harassment of Cadets by Cadets Defined: Sexual Harassment of Cadets by Cadets consists of unwelcome sexual advances, requests (including intimidation by a cadet of relatively greater power) for sexual favors, or any other verbal, nonverbal, or physical sexual conduct, and harassment inspired solely by the subject’s gender, when the same is so severe, persistent or pervasive as to (a) limit a cadet’s ability to participate in, or benefit from, any one or more of the components of the NMMI educational experience, or (b) create an environment in any one or more of the components of the NMMI educational experience that a reasonable person would find to be hostile or abusive.       
      • Explicitly or implicitly conditioning a cadet’s participation in an education program or activity, or basing an educational decision on the cadet’s submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature.
      • Unwelcomed sexual advances, requests for sexual favors, or any other verbal, nonverbal, or physical sexual conduct, and harassment inspired solely by the subjects gender, when the same is to severe, persistent or pervasive as to (a) limit a cadet’s ability to participate in, or benefit from, any one or more of the components of the NMMI educational experience, or (b) create an environment in any one or more of the components of the NMMI educational experience that a reasonable person would find to be hostile or abusive.
  • Reporting: Reports of sexual harassment of or by cadets should be immediately reported to any one of the following individuals or offices, in no particular order:
      • The TLA
      • A member of the CMDT’s Staff
      • Campus Police
      • Cadet Academic Advisor/Counselors
      • Any member of the staff or faculty.

 

    • WORLD WIDE WEB ONLINE SAFETY, SECURITY AND BEHAVIOR
          • Cadets are reminded that their online activity is neither private nor secure. Cadets are not invisible when they are online. Millions of people have access to what cadets may say online or to the profiles and pictures that cadets have posted.  What cadets do online could jeopardize their reputations, compromise their integrity, and make them, and their fellow cadets, targets. 
          • Cadets should create unique passwords and not share them with anyone. Avoid giving out personal information (phone numbers, addresses, etc.) Cadets should not practice online activities that have the potential to compromise their identity, that of their parents, or that of their fellow cadets.  Cadets must always think twice before clicking the send tab or downloading information.
          • Cadets will be held accountable for their online behavior (e.g., sexual harassment, profanity, etc). NMMI rules cannot be broken online. Any activity that degrades NMMI’s internet capacity, or brings discredit to NMMI and the Corps of Cadets, to include unethical, dangerous or illegal activities, may result in disciplinary action up to and including dismissal.

 

    • MINOR, MAJOR, SERIOUS AND CRITICAL OFFENSES:

a.     Minor Offense: demerits as prescribed after the offense (3 Demerits = 1 Tour), includes but is not limited to:

  • Abuse of position/authority or assumption of authority (6)
  • Any uniform violation to include off Post in PT, unauthorized wearing of civilian clothing and improper fit (too tight, too long or unserviceable)
  • Yearling or old cadets borrowing anything (money, clothing, equipment or personal items from new cadets) (6)
  • Chewing gum on or off Post in uniform, in formation or in class (1)
  • Disorderly conduct/prohibited conduct on and off Post, use of profanity/abusive language (6)
  • Eating or drinking outdoors on Post (except at NMMI sponsored events) (1)
  • Entering or departing rooms by windows (3)
  • Failure to check Charge Sheet (daily) (1)
  • Failure to check email/voicemail (twice daily) (1)
  • Failure to check training schedule (daily) (1)
  • Failure to pick up mail (twice weekly) (1)
  • Failure to enforce regulations, policies or SOPs (6)
  • Failure to follow Blue Book/policies/SOPs/Instructions/Direct orders (3)
  • Failure to secure personal property/room/locker/weapon/ saber or prepare personal property inventory (6)
  • Hanging anything in or outside windows, on ledges, or mattress removal (1)
  •  No homework/unprepared for class/sleeping in class (3)
  • Improper haircut/hairstyle or no shave (3)
  • Improper/inadequate personal hygiene/failure to do laundry (3)
  • Kicking doors or banging on windows (6)
  • Late to class/NSG/NSH/tutoring/formation/tour squad/Corps duty assignment (9)
  • Late returning from furlough/pass/permit (9)
  • Littering on Post to include throwing anything out of room windows (1)
  • Loud music or media noise (detectable through windows or doors) in the barracks (3)
  • NSH/NSG/Toles Learning Center violation (3)
  • No Rank slip on person when on authorized Ranks (3)
  • Out of room after taps or visitation after taps (6)
  • Pictures taped or tacked to personal box, desk light, wall locker door, any wood surface, walls or ceiling (1) 
  • Poor judgment or setting poor example (6)
  • Possession of unauthorized items, including but not limited to: cooking utensils, refrigerators/microwaves, subwoofers, amplifiers(larger than headphone or microphone size/amplified guitars, rugs, comforters, overstuffed pillows, stuffed animals, any furniture not part of the room, unless authorized by class, rank, or status or by the CMDT (6)
  • Publicly posting derogatory/disparaging information anywhere to include online (3)
  • Quibbling (6)
  • Room not prepared for DRI (3) or not presentable (6)
  • Running, horseplay or wrestling on stoops, stairwells or in rooms (3)
  • Safety violation/unsafe act to include sitting in windows, on stoop rails, ledges or stairwells, jaywalking on Main Street (3)
  • Selling merchandise for profit to cadets including EBay (3)
  • Sink trips without a bathrobe and/or appropriate footwear (1)
  • Spitting on Post/in uniform (1)
  • Stashing (6)
  • Sunbathing (authorized only at Godfrey Center inside walled area adjacent to pool) (3)
  • Unauthorized athletic games or fatigue drills in the barracks area (3)
  • Unauthorized display of pictures, posters, and wall hangings (1)
  • Unauthorized activity or unnecessary shouting or yelling, popping off during academic time/NSH (1)
  • Unprepared/improperly executing cadet leader responsibilities, Dereliction of duty (6)
  • Unprepared for Inspection (9)
  • Use of cell phones, IPODs, MP3s,  or DVD players on Post outside of cadet room (9)
  • Major Offense: 10-20 Demerits (2 Demerits = 1 Tour), includes but is not limited to: Sanctions for major offenses may include suspension or dismissal, as directed by the DCO/CMDT.
  • Absent tutoring/NSH/NSG/Lyceum/appointment/PT/duty/ mandatory corps event
  • Absent formation/bed check
  • Absent Post while on restriction/probation
  • Any type of gang related activity/involvement or possessing/displaying gang related material
  • Body piercing
  • Communicating a threat
  • Damaging or defacing cadet or school property
  • Disrespect, defiance or disobedience/insubordination to staff or faculty
  • Disrespect to the colors (flag)
  • Disrespect to fellow cadet, cadet leader, regardless of class
  • Failure to follow medical staff instructions
  • Fraternization
  • Gambling or possession of gambling equipment.
  • In an off limits area on or off Post.
  • Infractions of the male/female barracks policy
  • Making a room change not authorized by DCS
  • Malicious use of digital photography/email/unofficial school  publications
  • Manifest indifference
  • Misbehavior in class/disruption of class.
  • Not living in assigned room
  • Pornography (possession/distribution/viewing/internet accessing of). Pornographic material is considered any material or electronic media which shows partial or full nudity deemed inappropriate by the CMDT.
  • Public display of affection (PDA), on or off Post
  • Unauthorized use of another cadet’s personal information, including nametags.
  • Tampering with vending machines
  • Unauthorized off Post
  • Unauthorized possession of keys/master key to any place on Post
  • Unauthorized spirit mission
  • Unsatisfactory room (more than 3 discrepancies for DRI)
  • Vehicle policy violation/unauthorized possession/improper use of vehicle
  • Violation of computer policy/inappropriate use of computer.
  • Violation of tobacco policy (1st offense)
  • Visiting an unauthorized off Post area
  • Serious Offense: 21-40 (1 Demerit = 1 Tour), includes but is not limited to: suspension, dismissal or other sanctions as directed by the DCO/CMDT.
  • Absent without leave (AWOL)
  • Acting as agents for commercial or political concerns
  • Conduct unbecoming
  • Endangering another cadet
  • False fire alarms
  • Fighting
  • Indecent exposure/streaking
  • Possession of candles, incense or other burning materials in room (including matches and lighter)
  • Repeated violations of tobacco policy
  • Sexual harassment
  • Staying in an unauthorized location/area off Post
  • Trespassing
  • Vandalism
  • Critical Offense (possible violations of criminal law): 41-99 (1 Demerit = 1 Tour), suspension, dismissal or other sanctions as directed by the DCO/CMDT.
  • Arson
  • Assault/battery
  • Bomb threats
  • Breaking/entering
  • Drug/alcohol policy violation
  • Extortion
  • Falsifying documents
  • Physical/verbal/mental hazing or bullying
  • Honor Code violations.
  • Possession of weapons (includes look-a-likes)/firearms/ explosives/ammunition/fireworks/live or inert ammo/knives
  • Prescription drug policy violation
  • Robbery/larceny
  • Self-endangerment
  • Sexual misconduct
  • Shoplifting
  • Steroid use/Possession

 

    • DELINQUENCY REPORTS: Demerits should be used as a last resort and “blind sticks” by cadets are prohibited and will not be recognized. Face-to-face counseling (on-the-spot corrections) and additional military instruction with “warning sticks” are considered part of the disciplinary (“stick”) process. Documentation of violations of cadet regulations is the responsibility of: 1) the cadet chain of command, starting with the squad leader; and 2) the CMDT’s staff, starting with the TLA. This approach builds respect for the disciplinary system and emphasizes the authority and responsibility of the cadet chain of command. Cadet leadership must work together and have a standard process with a progressive element. For example, for minor offenses: (1) a first violation may result in verbal counseling; (2) a second violation may result in additional military instruction  (AMI) and a written counseling statement with a “warning stick”; and (3) and further violations may result in a “stick” with assessed demerits and/or tours.
    • Delinquency Report (Stick) Authority: The authority and responsibility for issuing a Delinquency Report (“stick”) rests with the: (1) Cadet Officers and NCOs (such authority begins at the SL level within assigned troops); (2) TLA, DCO/CMDT; and (3) faculty and staff.
    • Delinquency Report Submission Procedures for Cadets:
    • A “Stick” may be submitted for a breach of discipline, violation of rules, regulations, policies, standard operating procedures, or neglecting duty.
    • A “Warning Stick” will be submitted when a cadet receives counseling or AMI. This stick is similar to a regular “stick” except “Warning” is indicated on the stick instead of issuing demerits and/or tours. This warning will be recorded on the cadet’s Cadet Record Review but with no tours or demerits assessed.
    • Cadet Commanders (TC, SC, Squadron Staff, RC and Regimental Staff) may “stick” any cadet.
    • Primary Troop Point of Contact (POC) for issuing sticks outside the chain of command is the Troop XO, and in his or her absence, the Troop 1SG.
    • Sticks written on same Troop members will be submitted to the cadet’s PL.
    • Sticks written on non-Troop members will be submitted to the non-Troop XO, 1SG, or TC.
    • TCs will check with TLAs on warnings, counseling, admonition, reprimands, and additional military instruction documentation to aid in determining the appropriate number of demerits and or tours to be assessed for a violation. After such assessment, the TC may eliminate or approve the “stick.”
    • Once a “stick” is submitted, counseling, admonition, reprimand or military options are eliminated.
    • “Sticks” may not be suspended by anyone other than the DCO/CMDT.
    • The “stick” will be entered on the Charge Sheet as a “charge pending” or “warning.”
    • Delinquency Report Submission Procedure for Staff and Faculty:
      • The same concepts of warnings and counseling apply.
      • Sticks submitted by staff and faculty are submitted to the appropriate TLA.
      • If the stick is valid, the TLA submits it to the DCO.
    • Charge Sheet (C-Sheet):
    • The C-Sheet is published and posted on the Hagerman and Saunders barracks bulletin boards daily by approximately 1200 hours. It is a cadet’s responsibility to check the C-Sheet daily.
    • The weekly C-Sheet period extends from 0001 hours, Tuesday, until 2400 hours the following Monday (Demerit Week).
    • A “Stick” stands (punishment assessed) if the cadet was not “on status” and failed to check and initial the C-sheet.
    • All cadets on the C-Sheet will initial the space beside their name prior to 1630 hours.
    • C-Sheet charges will be addressed with the DCO or TLA, as appropriate. The DCO will review and make the final demerit and/or tour assessment.
    • The demerits and/or /tours assessed by the DCO or TLA will stand for those cadets who choose not to answer report.
    • The final assessed demerits and/or tours will be annotated on the Cadet Record Review (CRR).
    • The Cadet Chain of Command can get the cadet demerit status of their subordinates from the TLA.
    • Answering Report (Pleading) Charges:
    • Pleading will be kept to a minimum for minor offenses and focused on administrative errors. Cadets will answer report for minor offenses to the TLA within 24 hours of the charge showing on the C-Sheet.
    • A cadet will answer report for a major offense to the TLA within 24 hours of the charge showing on the C-Sheet.
    • A cadet will answer report to the DCO for a serious/critical offense by submitting a written response within 48 hours of the charge showing on the C-Sheet and make a personal appearance in front of the DCO.
    • Cadets can appeal minor and major offense punishment imposed by the TLA to the DCO. His decision is final.
    • While waiting to report to the CMDT or members of his staff, a cadet will assume the position of parade rest outside the Answering Official’s office and will come to attention if addressed by a Cadet Officer, Senior NCO, Officer or CMDT’s staff member. When directed to report the cadet will:
    • Knock twice on the door or door frame and wait at the position of attention until directed to “enter”
    • Remove his or her garrison cap, march into the room, and assume the position of attention centered two steps from the front of the Answering Official’s desk (while at attention the cadet’s gaze will be focused straight ahead until spoken to by the Answering Official). The garrison cap will be held with the left hand (lower left arm is extended horizontally forward at the waist level, the cap rests on upturned, straightened palm of left hand).
    • Render a hand salute and report to the Answering Official, saying: “Sir/Ma’am, Cadet (state your name) answers the report, Sir/Ma’am.” The Answering Official will return the cadet salute.
    • The Answering Official will read the delinquency report to the cadet and identify the reporting person (or explain the purpose of cadet visit).
    • Answer report with one of the following: “Correct Sir/Ma’am.” “Incorrect Sir/Ma’am.” or “Correct Sir/Ma’am, but may I explain.” The Answering Official will ask for an explanation, if needed. After the cadet responds to the report, the Answering Official will inform the cadet that the stick either stands as written, stands but is reduced or revised, or is removed.
    • Render the hand salute again, which the Answering Official will return, and then execute an about face and exit the room.

Note:

  • The stick stands and the opportunity to answer report will be forfeited by a cadet for: (a) reporting late; (b) any uniform violation; (c) needing a haircut and/or shave; or (d) any unexcused absence on the report date.
  • A cadet who attempts to escape the consequences of his or her actions by superfluous, misleading, or illicit explanations may have a “quibbling” stick added to the original stick.
    • Stick Removal:
          • TLAs will take care of minor and major stick removals. The DCO will take care of serious and critical stick removals.
          • An absent class “stick” submitted in error (administrative error, status report, etc) requires a completed stick removal form submitted by the appropriate TLA (faculty signature is NOT required for this type of stick removal), who will confirm the error and submit the removal form to the DCO for correction.
          • All legitimate unexcused absent class sticks (in other words, not caused by an administrative error) must be removed by the issuing faculty member or his or her Associate Dean.
          • Faculty disciplinary sticks will not be removed except by the issuing faculty member, department chair, Associate Dean, Vice Dean or Academic Dean. These will be coordinated by the DCO.
          • Cadets are not authorized direct contact with CMDT’s office Data Entry Clerk.
          • “Stick” removal forms are located in the TLA’s office or in the Hagerman Barracks Guard Box.
    • Pre-tour Roster: The Pre-tour roster is a “checks and balances” tool to ensure that cadets do not march tours unnecessarily. Essentially, it is a cadet’s second chance to answer report and apply merits. For the CMDT’s staff, it is a tool to help ensure that any mistakes made are corrected.
        • The Pre-tour Roster is published each Wednesday. It is the responsibility of the cadet to answer report to the TLA on Wednesday, at 1830 hours or 2130 hours, to verify the accuracy of the Pre-tour Roster entry and have the tours in question removed.
        • Cadets will acknowledge their tours by initialing the roster. Troop XOs are responsible for having cadets initial the roster not later than 2200 hours, Wednesday. After that time, accumulated tours will be marched. Previously assessed tours will not be answered, only those assessed during the report week will be answered, and, in the judgment of the TLA, either removed or allowed to stand.
        • Administrative errors must be resolved within two weeks with the cadet’s TLA. Failure to do so on the part of the cadet may result in him or her being placed on disciplinary probation, or suspended, by the CMDT
        • On status or emergency furloughed cadets will report to their TLA when they return
  • Tour Squad: Tour squad is conducted for cadets who have committed disciplinary infractions and conducted in accordance with the POD.
          • Cadets appearing on the Pre-tour Roster will report to Tour Squad on the center walk in Hagerman Barracks, facing east, no later than 1300 hours, Saturday and Sunday, and no later than 1900 Friday and Saturday. Tour Squad formations are mandatory unless the cadet is “on status,” at sport/activity practice, or at an in-season sport or activity. These cadets are “excused” from Friday afternoon tours, but must inform the Tour Squad Officer of their status. Cadets will receive one tour credit for each hour of Tour Squad; a cadet may accrue credit for a maximum of fourteen tours in a weekend (unless otherwise directed by the CMDT).
          • Cadets on Tour Squad are under the direct supervision of the cadet OD, SOG and a member of the CMDT’s staff. The uniform for Tour Squad is BDUs/ACUs (sleeves down), pistol belt, and weapon.
          • A uniform and personal appearance inspection will be conducted at the beginning of Tour Squad. Failure to pass inspection will result in loss of tour credit for the first hour.
          • As directed by the CMDT, Tour Squad may be tailored on any given Friday, Saturday, and/or Sunday to include cadet PT, study hall, police call, or other activities in support of the Corps.
          • It is a cadet’s responsibility to know how many tours he or she has remaining to march and how many he or she has been credited as completing. Cadets who are on their last tour (normally identified at the hourly accountability formation) may leave Tour Squad after completing the tour and after checking with the Officer of the Day or Commandant Staff member.
          • Cadets may sign out for furlough, permit and/or extended Post after they finish their tours, if not otherwise on restriction. Cadets will have 30 minutes to dress in the uniform of the day upon finishing their tours.

 

    • COMMENDATORY ACTIONS AND DISCIPLINARY ACTIONS: All cadet leaders have the responsibility and authority to administer commendatory and disciplinary actions to cadets. Cadet leaders are encouraged to recognize those individuals who consistently meet and surpass standards of appearance and conduct with positive recognition. On the other hand, cadet leaders are responsible for taking the appropriate and necessary disciplinary action(s) against those cadets who fail to meet Corps standards and/or fail to adhere to NMMI rules and regulations. Commanders, in accordance with their level of authority, have the following administrative actions at their disposal. The “art” of command is in choosing the appropriate course of action based on the circumstances:
      • Commendatory Actions:
    • A favorable counseling statement
    • A promotion or reassignment to a leadership position
    • A letter of commendation or recommendation
    • An award for achievement, performance, and service
    • Selection to represent NMMI at various off Post events
    • “Best” cadet recommendation or Cadet of the Month
    • Other favorable actions to enhance the quality of life as authorized by the chain of command
    • Awarding of tour credits for outstanding performance
    • Designate a new cadet as “Distinguished New Cadet” on special orders which permits a new cadet so designated to walk in the barracks area and sit “at ease” in the mess hall
    • Recommendation for a “free rev”
      • Disciplinary Actions, Warnings, and Explanation of Corrective Action:
  • Push-ups (It is a principle of leadership that a leader will not ask a subordinate to do something that the leader is either unable or unwilling to do. A cadet leader who directs a cadet to perform “push ups” should periodically demonstrate that he or she can perform the same number of push ups.
  • Verbal and written admonition, warning, and explanation of corrective action to be taken (counseling)+ (warning stick issued)
  • Reprimand (written)+ (warning stick issued)
  • Training to Standard or Additional Military Instruction (AMI) *+ (warning stick issued)
  • Recommend or assign additional duties or responsibility assignments (Fatigue Details) *+ (warning stick issued)
  • Recommend reassignment of room or loss of roommate*
  • Recommend loss of some or all of class privileges*+
  • Recommend removal from extra curricular activities and events*+
  • Demerits
  • Recommend punishment tours*
  • Recommend loss of privileges*
  • Recommend restriction to Post*
  • Recommend reduction or suspension of rank*
  • Recommend probation*
  • Recommend suspension*
  • Recommend dismissal*

                 * Require approval by a member of the CMDT's staff.

                 + Documented (CRR) pattern of misconduct is required before Demerits and/or Tours can be assessed for violations.

  • Punishment tours:
    • Are to be marched off on Tour Squad (Tour Squad procedures are in paragraph 5.12g
    • Are assessed in accordance with paragraph (3). Work tours are permitted and may be approved by the DCO/CMDT
    • Alternative types of punishment may be invoked at the discretion of the Cadet OD, Cadet TC, the TLA, or the DCO/CMDT
    • The DCO or CMDT may authorize PT or study tours
    • Cadets can request in writing to the CMDT the removal of excessive outstanding tours based upon the recommendation of the cadet TC and the TLA that the cadet has sustained an outstanding performance of duties for a 5 week period that includes no demerits.

Note:

      • Graduating/non-returning cadets’ diplomas may be held until all tours are marched.
      • Graduating/non-returning cadets may be suspended or dismissed for Manifest Indifference if they show no interest or effort in completion of tours prior to Commencement.
      • Outstanding tours may be carried over to the next semester for all returning cadets.
      • Exception to 1, 2, and 3, above, may be granted as determined by the CMDT.

d.     Restriction to Post:

        • Cadet will be restricted to Post for outstanding tours or disciplinary probation.
        • Cadets can also be restricted to Post at the discretion of the DCO or CMDT.
        • Restriction to Post means that a cadet’s “Good Standing” status, extended Post privilege, passes, permits and furloughs are revoked and the cadet may suffer additional punishment for any violation of restriction.
        • A cadet may be further restricted, as necessary, to the cadet’s room, the troop sinks, classrooms, library, Bates Hall, the Chapel and Infirmary, until all tours are completed.
        • A cadet must march tours. The only exception is when participating in athletic practices and home games. He or she must indicate on the window status card his or her location.
        • When a cadet’s last tour is marched, all privileges in (1) above are returned if the cadet’s GPA meets standards.
        • All other areas on or off Post are off limits, unless part of a Corps function.
        • Restricted to Post but not marching tours: A cadet restricted to Post may be required to answer restriction checks in the uniform of the day as directed by the Commandant/DCO:

(a)    Friday: 1530; 1630; 1730; 1900; 2000; 2100.

(b)    Saturday: 1300; 1400; 1500; 1600; 1700; 1900; 2000; 2100; 2200.

(c)    Sunday: 1100; 1200; 1300; 1400; 1500; 1600.

f.      Excessive Tour Roster:

(1)    The Excessive Tour Roster is completed on Monday, and published on Tuesday, showing cadets with 25 or more tours to be marched.

(2)    The listed cadets are restricted to Post and from traveling to away athletic or other events, and cadet activities. Listed cadets may travel to academic events only.

(3)    Listed cadets may, if otherwise qualified, participate in on-Post events, practices, or games.

(4)    When a cadet’s outstanding tours are reduced to zero, he or she will be removed from the roster.

g.     Disciplinary Warnings, Actions and Boards: Disciplinary warnings and actions will be instructive, ensuring that the prescribed standards are understood by the cadet. Every effort will be made to modify behavior through early, and often, intervention. These measures are designed to prevent a failing deportment grade, leading to a cadet’s possible suspension or dismissal. The warnings, actions and boards are based on the number of demerits accumulated and are three-tiered: 30 demerits, 50 demerits and 66 demerits. Different actions (e.g., counseling, probation, additional study time, etc.) will be directed at each level, but a cadet may face an Inter-Disciplinary Review Board (IDRB) if his or her conduct or behavior is not improved to meet established standards.

(1)    30 Demerit Warning:

(a)    A warning will be issued to a cadet if he or she accumulates 30 or more demerits in the first 9 weeks of the semester.

(b)    Meet with TLA, Academic Advisor (AA), cadet Troop XO, the NMMI Legal Advisor (if required), Coach/Club sponsor (if applicable).

(c)    Three major areas will be discussed: academics, leader and character development and physical development (pass, making progress, fail).

(d)    Session will be documented by the TLA in the CRR and cadet file with recommendations to improve deportment, correct behavior, or referral to other staff resources (chaplain/counselor) if needed.

(e)    A cadet’s parents or guardians notified before and after the meeting as soon as practical.

(2)    50 Demerit Warning:

(a)    A warning will be issued to a cadet if he or she accumulates 50 or more demerits in the first 9 weeks or the semester.

(b)    Meet with TLA, Academic Advisor, CMDT’s staff counselor, cadet TC, Faculty member (concerned Department Chair, as required), the NMMI Legal Advisor (if required), and Coach/Club sponsor (if applicable).

(c)    TLA, TC and Counselor, and NMMI Legal Advisor attendance at the meeting is mandatory.

(d)    Same three major topic areas will be discussed as with the 30 demerit warning.

(e)    The session will be documented by the TLA in CRR and cadet file with recommendations to improve deportment, correct behavior and referral to other staff resources if needed.

(f)     Cadet shall be specifically warned that disciplinary probation will result at semester’s end with one more demerit assessed to the cadet.

(g) A cadet’s parents or guardians will be notified before and after the meeting telephonically and by letter (email if available).

(3)    Disciplinary Probation (DP):

(a)    Any cadet with a “D” in deportment (66 or more demerits) at anytime in the semester will be placed on DP.

 (b)  A cadet on DP will forfeit the following privileges: 1) athletic travel events, club or extra-curricular activities; 2) cadet rank (reduced to Cadet Private); 3) furlough and special permits (exceptions may be made by the CMDT); 4) IDFY permit; 5) TV in room; 6) computer use, except for academic pursuits; 7) and off Post chapel pass (exceptions may be granted by the TLA, DCO or CMDT). Failure to meet all conditions of DP requirements may subject the cadet to possible suspension or other disciplinary actions to include continued DP.

(c)    Cadets placed on DP will be roomed with other cadets on DP due to loss of cadet privileges.

(d)    A cadet may be placed on DP for a one-time “serious or critical offense” violation.

(e)    Previously suspended cadets who are permitted to reenroll may return to NMMI on DP.

(f)     Violations of DP conditions will subject the cadet to possible suspension by the DCO.

(g)    Once placed on DP, a cadet will remain on DP for a minimum of 5 weeks.

(h)    Cadets who complete all tours prior to the end of their probation period (but not less than five weeks) and who have received no demerits while on probation can request early removal from DP if approved by the TLA. Written request will be submitted through DCO to CMDT for approval.

(i)     At the end of the appropriate DP period, a review of the cadet’s record is mandatory. The TLA will make a written recommendation for removal or continuation of DP and forward it through DCO to CMDT for approval.

(4)    Suspension:

(a)    A suspended cadet must sit out one (1) semester before he or she can be considered for readmission to NMMI. Suspended cadets may apply for reenrollment to the NMMI Admissions Board at the expiration of the term of the suspension.

(b)    A Suspension notification will be forwarded to a cadet’s parents or guardian if under 18 years of age with a copy of suspension notification retained in the cadet file. Cadets 18 years of age and older will be forwarded the suspension notification with a copy of the suspension notification retained in the cadet file.

(c)    A cadet’s withdrawal in lieu of suspension is administratively treated as a suspension and (4a) will apply.

(5)    Inter-Disciplinary Review Board (IDRB):

(a)    Are conducted for other than Academic Review

(b)    Members include: DCO (Chair; the DCS will Chair the meeting in the DCO’s absence), Admissions Director, Vice Dean, Assistant Director of Physical Development, Cadet Counseling representative, SAC representative, Adjutant/Legal Advisor (Recorder)

(c)    An IDRB 1) will be held at the end of the 4, 9 and 13 week grading periods; 2) at the discretion of the DCO to consider one time major or serious offense violators or if a cadet has accumulated 5 or more unexcused class absences at any time during the academic year.

(c)    Parents and/or guardians* will be notified telephonically before and after the meeting and by letter (or email if available).

(f)     Suspension, dismissal or other sanctions deemed appropriate by the IDRB is a possible outcome of the Board consideration.

(g)    The referral to the Board of any Honor Board (HB) or Honor Committee (HC) decision is prohibited.

*Applies to parents/guardians of cadets under 18 years of age.

 (6) Dismissal:

(a)    Dismissal is a possible decision by an IDRB or HB or HC and may be appealed to the CMDT.

(b)    Reenrollment of a dismissed cadet is prohibited.

(c)    While the NMMI Post is open, a dismissed cadet may be barred from cadet, faculty and staff areas.

(7)    The following pertains to probation, suspension or dismissal appeals for other than academic performance, which is handled by the Academic Review Board:

(a)    The DCO/DCS has the authority to place on probation, suspend or dismiss a cadet. In addition, the DCO has the authority to uphold, rescind or amend a decision or punishment of any cadet as the result of an IDRB or Honor decision.

(b)    The CMDT is the appellate authority for IDRBs and honor decisions. He has the authority on appeal to uphold, rescind or amend any decision, to include increasing and decreasing a punishment. 

(c)    Cadets who wish to appeal a decision of probation, suspension or dismissal must submit their appeal through the DCO/DCS to the CMDT. 

(d)    An appeal form is attached to each probation, suspension and dismissal notification. A cadet who wishes to appeal the decision must return the appeal form along with his or her written appeal no later than date specified in the probation, suspension or dismissal notification.

(e)    Appeals will contain justification to support: 1) introduction of new evidence; 2) evidence that was insufficient for a guilty finding; 3) due process was not provided; 4) appeal of the measure of punishment; or 5) appellate decisions are administrative rather than judicial in nature and considered final.

(f)     All appeals are routed through the cadet’s TLA and the DCO to the CMDT, whose decision is final.

(g)    The NMMI President/Superintendent is the appellate authority only for due process confirmation.

(8)    Refusal of Sanctions: Once granted due process (to include the appeal process) and sanctioned for a violation of cadet regulations, a cadet does not have the right to refuse a sanctioned consequence or disciplinary action. If a cadet refuses to accept or comply with the sanction, the CMDT may exercise his authority to dismiss the cadet from NMMI.

 

5.15           DEMERITS/MERITS AND DEPORTMENT GRADES:

Cadets are assessed demerits and tours for violations of the NMMI regulations.  Tours are punishment while the number of demerits received by a cadet during the semester determines his/her deportment grade. At the end of the semester the deportment grade is posted, demerits are zeroed out and the cadet starts the next semester with no demerits. Tours have no effect on deportment grades.

    • Demerits:
      • Demerits will be assessed commensurate with the seriousness of the violation of cadet and NMMI regulations. Cadet Officer, Cadet Senior NCO, and old cadet violations are considered more serious than those of the junior ranks and new cadets.
      • Demerits assessed for a violation of cadet and NMMI regulations are discretionary not prescriptive (except for minor offenses and class absences). Demerits for violations not covered by these regulations will be as determined by the DCO, on a case-by-case basis. Cadets attending a Summer School session are subject to these cadet regulations; those who commit violations of these regulations will be reported to the CMDT who may assess sanctions for imposition during the next academic year.            
    • Tours:
      • Tours will be assessed based on the type of violation and will carry forward from academic semester to semester.
      • Cadets with outstanding tours may be denied participation in the Commencement Ceremony and presentation of their diplomas.
      • Should a cadet depart NMMI prior to marching all tours, and subsequently reapplies for admission to NMMI, any outstanding tours will carry forward to the cadet’s new semester regardless of the time that has elapsed since the cadet’s departure from NMMI.
      • Marching tours off does not affect Deportment grades.
    • Tour Credits and Merits:
        • In order to allow cadets more opportunities to work off disciplinary tours, to ensure consistency and prevent misuse of the merit system, the following applies:
        • Tour credit can be earned in three ways:
  • Tour credit can be awarded by the Cadet Accountability and Training Officer for marching tours in accordance with the Plan of  the Day
  • Cadets may earn up to four hours of tour credit a week, in addition to tours earned at Tour Squad for performing tasks (lawn police, assisting TLAs or coaches, office work, etc.) One hour of work equates to one tour credit.
  • Cadets may earn tour credit over the breaks. Up to 75 hours of tour credit may be earned over Summer break and up to 25 hours of tour credit may be earned over Christmas break. Cadets may also earn up to 25 hours of tour credit over Thanksgiving and Spring breaks of which 10 hours may be converted to merits (1 tour = 3merits).  Since cadets have zero demerits during Christmas and Summer breaks and tours carry over from semester to semester the conversion of these tour credits is not permitted. However, a cadet who sees the opportunity to improve their deportment situation over the Spring or Thanksgiving breaks has the opportunity to use those tour credits for merits.

(b)    Only the Commandant’s staff may award tour credit. The Deputy Commandant for Operations will approve all tour credit requests. Approved tour credit will be processed on Tuesday.

(c)    Faculty and other staff who desire to award tour credit to cadets for special or major projects (Shakespeare Festival, Etiquette dinners, repositioning of fitness equipment, etc) can email the DCO for approval prior to the event.

(d)    Cadets may not award tour credit but can make recommendations to their TLA.

(e)    Tour credits may be converted to merits at a ratio of one hour of tour credit to three merits. Up to four hours of tour credits may be converted per week. These merits may only be applied against minor offenses. These merits may also be used to improve deportment grades one grade. (For example C to B, not C to A)

(f)    Merits may not be directly earned while NMMI is in session and may only be earned as outlined above.

(g)    Up to 21 merits may be carried forward from semester to semester.

(h)    Cadets “banking” merits and then using them in an effort to avoid following the provisions set forth in the Blue Book will lose their merits and be charged with “Conduct Unbecoming.”

 

 

  • Deportment grade: A cadet’s Deportment Grade will be determined by the cumulative number of demerits a cadet receives during the 4 week, 9 week, 13 week, and end of semester grading periods. Nine week and semester academic grades and deportment grades will be used to determine the cadet “good standing” classification. The deportment grade scale for assessed demerits is the following:

 

Grade

4 Week

9 Week

13 Week

Semester

A

0-3

0-6

0-9

0-12

B

4-6

7-15

10-22

13-30

C

7-15

16-30

23-47

31-65

D

16-25

31-50

48-75

66-99

F

26+

51+

76+

100+