CHAPTER 9 — CORPS OF CADETS DISCIPLINARY SYSTEM
SECTION I — Purpose
The purpose of the Corps of Cadets disciplinary system is to maintain the good order and discipline of cadets, to promote high standards of ethical behavior, and ensure the fair and just treatment of others. The system is designed to be instructive and corrective in nature, to develop self-discipline as a daily way of life, and to teach cadets to accept full responsibility for all that they do or fail to do. It is intended to teach cadets to place a sense of duty above self-interest and to be judicious and consistent in their dealings with other cadets. Authority vested in cadet leaders within the disciplinary system supports the practical application of leadership development in the Corps.
If a cadet’s actions or behaviors are contrary to good order and discipline, the matter will be referred to the disciplinary system for resolution. The Corps Chain of Command is responsible for enforcing university regulations and policies and must report violations as soon as possible. Cadet leaders are responsible for recommending disciplinary action to the appropriate official(s) in the Office of the Commandant for administering disciplinary measures in accordance with these rules and regulations.
SECTION II — Cadet Actions and Leader Responsibilities
A. General. The Commandant, assistant commandants, Director of Operations and Training and cadet commanders have the responsibility and authority to administer disciplinary actions for cadets under their command when it becomes necessary to assess disciplinary action against those cadets who fail to meet the standards or fail to adhere to these rules and regulations or any university policy. In addition to disciplinary actions, leaders are encouraged to recognize cadets who consistently meet and surpass standards of appearance and conduct with commendatory actions. Cadet leaders, in accordance with their level of authority, have the following administrative actions at their disposal:
- Commendatory actions:
a) Favorable counseling statement.
b) Satisfactory evaluation as reported on a Cadet Evaluation Report, NUCC Form 9-1.
c) Letter of Commendation or Recommendation.
d) Awards for achievement, performance and service.
e) Selection to represent the Corps and the university at special events.
f) Recommendation for rook or cadet NCO of the Month board. - Ordinary disciplinary actions:
a) On-the-spot corrections.
b) Verbal counseling.
c) Written counseling.
d) Less than satisfactory evaluation as reported on a Cadet Evaluation Report, NUCC Form 9-1.
e) Rehabilitative reassignment (must be approved by an assistant commandant and the director of housing).
f) Punishment for minor offenses administered using a Disciplinary Action Form (DAF), NUCC Form 12.1:
g) Disciplinary tours up to four hours each of marching and work tours. - Major disciplinary actions:
a) Punishment for major (Class I) offenses by Class I Summary Session: - i. Reduction in rank or loss of leadership position.
ii. Disciplinary tours (marching and work).
iii. Military confinement.
b) Referral to a Corps Review Board (which may recommend that a cadet be removed from the Corps):
c) Referral to an Administrative Discipline Hearing (which, upon a finding of guilt, may recommend any punishment including suspension or dismissal.
SECTION III — Ordinary Disciplinary Actions
Ordinary disciplinary actions are non-judicial procedures intended to correct minor violations of the rules and regulations and include; on-the-spot corrections, verbal and written counseling, written counseling, and punishment imposed using a DAF as specified above. Ordinary disciplinary actions may be performed by any cadet leader; a DAF will be adjudicated by the offending cadet’s company commander, battalion commander, or the regimental commander. Minor offenses for which ordinary disciplinary actions are appropriate include, but are not limited to, the following:
• Absent mandatory formation.
• Absent scheduled training event.
• Failure to follow instructions.
• Failure to render proper military courtesy.
• Failure to secure barracks room door.
• Hands in pocket.
• Improper haircut/sideburns.
• Improper shave.
• Improper wear of uniform.
• Late to formation or duty.
• Littering.
• Not in possession of prescribed uniform or equipment.
• Not prepared for personnel inspection.
• Not prepared for room inspection.
• Out of uniform.
• Personal items in common areas.
• Playing sports or games in unauthorized areas.
• Room not to SOP standards.
• Smoking outside in unauthorized area or on the UP.
• Tampering with bulletin board.
• Tampering with door material.
• Throwing snowballs on campus.
• Unauthorized door material.
• Unauthorized uniform decoration.
• Violation of call to quarters.
• Violation of class privileges.
SECTION IV — Major Disciplinary Actions
A. General. Major disciplinary actions are non-judicial procedures intended to correct severe or repeated violations of these rules and regulations and include the Class I Summary Session, Corps Review Board, and Administrative Discipline Hearings (Full Hearing Board or Commandant’s Summary Session). The adjudicating official, either a cadet commander or a member of the commandant’s staff, will determine the appropriate action depending upon the severity of the offense and the potential punishment to be imposed. In cases where suspension or dismissal is considered as a potential punishment, the case will be referred to an Administrative Discipline Hearing.
B. Class I Offenses. Cadets found guilty of committing Class I offenses may be assessed disciplinary action by commanding officer’s disciplinary action, a Corps Review Board or an Administrative Discipline Hearing depending on the severity of the offense. Class I offenses and sanctions for specific offenses are listed in Chapter 9 Class I offenses are defined as violations of these rules and regulations which, by the severity of the violation, warrant the consideration of punishments beyond the limits of ordinary disciplinary actions. As a rule, Class I offenses will be adjudicated using one of the major disciplinary actions, as determined by the adjudicating official. Class I offenses are listed alphabetically in an index of class I offenses in Section XVIII of this chapter, and defined in the Chapter 10 Glossary of Terms. Violations of Vermont State law may be referred to civil authorities.
C. Toleration of Violations. Refer to Chapter 3.
D. Class I Summary Session. Assistant commandants and cadet commanders will exercise their adjudicating authority by conducting a Class I Summary Session to adjudicate cases that involve violations of the rules and regulations that are not deemed to have the level of severity for which the potential punishment includes suspension or dismissal from the university. The Class I Summary Session will include the assistant commandant or cadet commander and the respondent. It is strongly encouraged to have members of the respondent’s chain of command to provide information on the cadet’s record and provide recommendations as requested. A staff witness is recommended if members of the chain of command are not available. The assistant commandant or cadet commander will administer the Class I Summary Session using the procedures outlined in NUCC SOP Chapter 12 and these rules and regulations. The adjudicating authority will ensure the respondent is provided a fair and impartial hearing in which due process is provided as described below. It is very important to note the difference between the conduct of a Class I Summary Session and the conduct of an Administrative Discipline Hearing (Full Hearing Board or Commandant’s Summary Session), or Corps Review Board. Assistant commandants and cadet commanders exercising their level of authority may have significant involvement in unit investigations and subsequently fulfill their command responsibilities to adjudicate Class I Summary Sessions within their unit.
E. Corps Review Board.
1. General. The Corps Review Board allows appointed leaders the opportunity to fairly and consistently fulfill their obligation to maintain high standards of military discipline, good order, and morale throughout the ranks of the Corps. A Corps Review Board will hear cases in which a cadet is being considered for administrative separation from the Corps for the specific criteria as specified below. It is the duty of Corps Review Board members to ascertain and consider the evidence, thoroughly and impartially, and to make findings and recommendations that are warranted by the facts.
2. Convening Criteria. Any commander may recommend through the chain of command that a cadet face a Corps Review Board when one or more of the following criteria exist:
a) In the commander’s judgment, the cadet will not respond or develop sufficiently to participate satisfactorily in further training and development as a member of the Corps.
b) The cadet’s performance and conduct will likely be a disruptive influence to the chain of command accomplishing the unit’s mission and the cadet’s retention will have an adverse impact on military discipline, good order, and morale.
c) The cadet has been found guilty of any combination of three or more Class I violations, honor violations, and/or non-discrimination/sexual misconduct, relationship violence, and stalking policy violations.
3. Procedures.
a) Appointing Authority. Corps Review Boards may only be appointed by the regimental commander. The Corps Review Board appointment will be in the form of a written memorandum of appointment and counter-signed by the Commandant. The appointment should specify clearly the purpose of the board. The Regimental Commander will inform the respondent by written memorandum that he/she will face a board of cadet leaders to show cause as to why he/she should remain in the Corps, and the date, time and location of the Corps Review Board. The Regimental Commander will publish orders appointing the president and members of the board.
b) Composition. The Corps Review Board will be composed of three, five or seven voting members. A battalion commander will be the board president and senior voting member. The Regimental Commander will draw from leaders in the Corps such as company commanders, regimental staff officers, command sergeants major, and company first sergeants. Cadets appointed to a Corps Review Board will be of superior rank and not in the direct chain of command of the respondent. Due process will always be followed and one cadet observer from the class of the respondent will be present, unless the respondent specifically waives this right. An assistant commandant will serve as observer/advisor throughout the proceedings. The assistant commandant will not be a voting member of the board but will represent the Commandant to ensure the integrity of administrative procedures and due process.
c) Results. Board members should make their recommendation according to their understanding of the rules, regulations, policies and customs of the Corps, guided by their concept of fairness both to the Corps and to the respondent. Deliberations will be in closed session with only the assistant commandant and voting members present. The board president will report the findings to the regimental commander by written memorandum. Findings should be stated to reflect clearly the relevant facts established by the evidence and the conclusions thereon of the Corps Review Board. The findings and recommendations of the Corps Review Board are reviewed for decision by the Regimental Commander, who is neither bound nor limited by the findings or recommendation of the board. The regimental commander will inform the Respondent by written memorandum whether he/she will be retained or dismissed from the Corps and provide him or her with a written appeal notification.
d) Appeals. The appellate authority for all Corps Review Boards is the Commandant. The respondent has 48 hours (two duty days) to submit an appeal. An appeal must be typed, double spaced and hand delivered. Corps Review Board appeals must explain why the respondent repeatedly failed to perform to expected standards and specify clearly why he/she should remain a member of the Corps. All decisions rendered by the appellate are final. Cadets dismissed from the Corps because of Corps Review Board action will have 48 hours (two duty days) to out-process from the Corps and in-process as a civilian student. The Dean of Students, based upon the specifics of the case, will determine whether the student will be offered status as a civilian resident or a commuter student.
F. Administrative Discipline Hearings. An Administrative Discipline Hearing may be convened to hear Class I offenses that require members of the faculty, staff or civil authorities as witnesses and which could result in suspension or dismissal from the university. It will also hear such other cases as deemed appropriate by the Commandant. An Administrative Discipline Hearing is formed by one of two forums, a Full Hearing Board or a Commandant’s Summary Session.
If a cadet enters a plea of “guilty” to an offense for which the potential punishment includes suspension or dismissal, (e.g. a third violation of the alcohol policy), the case will be referred to a Commandant’s Summary Session.
If a cadet enters a plea of “not guilty” to an offense for which the potential punishment includes suspension or dismissal, the case will be referred to a Full Hearing Board. The board will hear evidence, determine guilt or innocence, and, if guilt is determined, recommend an appropriate punishment to the Commandant.
1. Full Hearing Board. A Full Hearing Board is comprised of individuals appointed by the Commandant from the staff, faculty and the Corps and consists of only three, five or seven members. The Commandant will appoint a president of the board, who will not be a voting member but will preside to present the case to the board and ensure due process is followed. One cadet observer from the class of the respondent is allowed to be present at open sessions of the board at the behest of the respondent. At no time will a cadet appear before a hearing board on which there are board members subordinate in cadet rank to the respondent.
a) The Administrative Discipline Hearing (Full Hearing Board) board president will submit a formal board report providing board findings and recommendations for punishment to the Commandant as the adjudicating official for the Corps of Cadets. The Commandant has the authority to uphold, rescind or amend, including increasing or decreasing a punishment, a punishment recommended by an Administrative Discipline Hearing (Full Hearing Board). In cases where guilt has been determined by a full hearing board, the commandant will impose punishment after considering the board’s recommendation, precedent from similar cases, and any extenuating and mitigating factors relevant to the case being considered. For this reason, the punishment imposed by the commandant may or may not follow the board’s recommendation.
b) All Administrative Discipline Hearings (Full Hearing Boards) will be conducted in accordance with NUSRR Supplemental Instructions for Administrative Discipline Hearing Procedures. These are procedures for internal use and will be maintained, reviewed, and updated annually by the DCD to ensure best practices.
2. Commandant’s Summary Session. A Commandant’s summary session consists of the commandant and at least one staff witness. The Commandant will review the facts of the case, listen to the individual’s statement and impose the appropriate punishment.
SECTION V — Due Process
A. Introduction. Norwich University provides students with procedural due process which includes, but is not limited to, timely investigation; a hearing; cross- examination of available witnesses; warnings about self-incrimination; production of pertinent witnesses, and the provision for appeal. The fundamental concept of fairness requires the provision of several of these tenets in our university due process. See Section B, below. In a particular case, the SVPSAT or Commandant has the authority to add additional due process steps or processes to the above if he/she believes that it is central to fairness.
Note: The due process provided below is identical to those provided civilian students enrolled at the university. The civilian student due process is contained in Chapter 7, Civilian Students Discipline System, of this regulation.
B. Due Process Procedures. Due process is the term applied to the procedures that must be followed to bring to justice a suspected violator of these rules and regulations or civil law. While all violations of these rules and regulations and the ensuing disciplinary actions are purely administrative in nature (rather than judicial), due process will nevertheless be followed in all cases at Norwich. The steps in due process are as follows, and do not necessarily have to be followed in sequential order:
1. Conducting an impartial, expeditious investigation to determine if the evidence supports the imposition of charge(s).
2. The following people cannot serve as a board member on an Administrative Discipline Hearing:
a) the person who investigates an alleged violation;
b) the adjudication official;
c) the appellate authority for that incident.
3. Notifying the individual of the potential charge(s) against him or her as soon as possible. He/she must be told at this time of his or her right to remain silent on matters that may be self-incriminating, that anything he/she says may be held against him or her, and that silence on these matters will not be taken as an indication of guilt.
4. Informing the respondent (charging session) if the investigation indicates that an infraction has occurred, and providing him or her with all the evidence that the investigation has disclosed.
5. Informing the respondent that he/she may choose any cadet he/she desires to advise him or her in the presentation to a Class I Summary Session, Corps Review Board or Honor Board. Only in the case of an Administrative Discipline Hearings (Full Hearing Board or Commandant’s Summary Session) may he/ she request the assistance of a member of the staff or faculty who does not possess legal qualifications. For all forums, the respondent’s identified advisor will be permitted to attend all open sessions of the hearing but will not be permitted to communicate to the adjudicating official/board. The respondent may quietly consult in the hearing room or ask for a short recess if they would like to communicate with their advisor. This consultation and/or recess will be granted for this purpose at the discretion of the adjudicating official/board president. Failure by the advising cadet or advising member of the staff or faculty to comply with these instructions will result in their dismissal from the proceedings. Recording devices other than that approved by the board president are not permitted.
6. Informing the respondent of his or her right to request voluntary resignation pending disciplinary or honor action. Such request must be made prior to appearing before an Administrative Discipline Hearing or Honor Board. If approved, the respondent will not be eligible for future readmission and cannot appeal the decision.
7. Providing the respondent with a minimum of 48 hours (two duty days) to prepare his or her presentation.
8. During the hearing, providing the respondent the right to be present at all open segments of the hearing.
9. Allowing the respondent to challenge any member of the board for cause. The president of a hearing board may not be challenged.
10. Providing the respondent with the right to present any material witnesses on his or her behalf, as to the facts in the case. And after the findings of the Board have been announced, allowing the respondent to introduce any mitigation or extenuation he/she feels relevant to the case, to include character witness statements. Allowing the respondent to have at a maximum one faculty member, one staff member, and one member of the Corps, or any combination totaling three, attend the hearing and speak on his or her behalf. In addition, a maximum of three written statements are permitted for submission to the board.
11. Informing the respondent of his or her right to appeal should a finding of guilty be adjudged or if the student feels the punishment assessed in not in keeping with these rules and regulations.
12. If a cadet fails to report for a scheduled hearing the case will be heard with the cadet “in absentia” based on the evidence and witnesses provided.
SECTION VI — Standard of Proof
A. General. The standard of proof by which all ordinary and major disciplinary actions conducted at Norwich University will be decided is a preponderance of the evidence.
B. Preponderance of the Evidence. Adjudicating officials and members of Full Hearing Boards and Corps Review Boards must decide whether a case against the accused has been made under these rules and regulations by a fair balance of the evidence, or as it is usually called—by a preponderance of the evidence. To understand the term preponderance of the evidence it is best if you conceive that you are weighing the evidence of the respective parties as in a balance. On one side you are weighing the case against the accused; on the other side you are weighing the evidence on behalf of the accused. If the evidence against the accused makes the down weight, your decision should be against the accused. However, if the accused’s evidence makes the down weight or if the scales hang even in your mind, then your decision should be for the accused. The preponderance of the evidence does not consist merely in having the greater number of witnesses. For it has been truly said that witnesses are to be weighed and not counted. Thus, one clearly knowledgeable witness may provide a preponderance of evidence over a dozen witnesses with murky testimony. In the last analysis, it is a question of credibility, and each individual adjudicating official or board member is the sole judge of that credibility. Another way to state preponderance of the evidence in a percentage form is that a preponderance of the evidence is over 50%, that by a preponderance of the evidence, over 50%, it is more probable than not that the infraction or offense occurred as alleged.
SECTION VII — Disciplinary System Procedures
A. Reporting Requirements. The cadet chain of command will immediately inform the Office of the Commandant of incidents involving violence, hazing, bullying, assault, battery, stalking, sexual misconduct or assault, harassment, bias incident violations, violations of alcohol policy, possession of illegal substances or other serious breaches of state or federal law. Reports of lesser potential violations or information relating to the alleged violation should be reported to the chain of command as soon as practicable and followed up with a written report within 24 hours after making the initial report. Written reports will be recorded on a sworn statement form, incident statement form, Regimental Duty Office (RDO) Incident Report/Statement Form,
NU Public Safety incident report, or other forms of memorandum annotated with the date and time and an identifying signature. Reports should be forwarded to the appropriate adjudicating authority or cadet leader in the chain of command.
B. Commander Responsibilities and Actions. The following steps provide a general outline of the actions required of an investigating or adjudicating official. These steps should be applied with a full understanding and application of due process as described in Section V, above.
1. Conduct an investigation to determine if there is evidence to support one or more charges. Inform the accused of his/her due process rights as they relate to the investigation using the Due Process Checklist (NU Form 12.2).
2. Evaluate all the evidence to determine if reasonable grounds exist to believe the accused committed the alleged offense(s).
3. Complete a Disciplinary Charge Sheet (NU Form 12.3) at the appropriate level of authority based on the severity of the alleged violation(s).
4. Begin the charging action by informing the cadet of his or her due process rights using the Due Process Checklist (NU Form 12.2) (use the same form if the cadet was previously informed of these rights during the investigation and repeat the notification).
5. Inform the cadet of the alleged violations as indicated in the specific Class I charge(s) and read verbatim paragraph 3 of the Disciplinary Charge Sheet (NU Form 12.3). Provide the respondent with case materials and other evidence upon which the allegations are based.
6. Allow the respondent a 24 hour (one business day) period to plead to the charge(s) (unless waived).
7. Inform the respondent if you intend to adjudicate the case or intend to refer the case to a higher adjudicating authority. This decision is based on the discretion of the charging authority and the severity of the alleged violations as specified in the Index of Class I Offenses (Chapter 9).
8. Provide and obtain appropriate signatures on the disciplinary charge sheet (NU Form 12.3).
9. Provide the respondent with a copy of the completed Disciplinary Charge Sheet (NU Form 12.3) and copies of all applicable statements/evidence. Provide a 48 hour period (2 duty days) prior to conducting the adjudication of the case, unless waived by the respondent.
10. Adjudicate the case using a Class I Summary Session or Administrative Discipline Hearing (full hearing board or Commandant’s summary session) as appropriate. Consider all relevant matters presented.
11. Render a decision: as a result of a Class I Summary Session or Administrative Discipline Hearing – Commandant’s Summary Session. Complete the Disciplinary Case Disposition Form (NU Form 12.4). Provide the result to the respondent.
a) Conclude that the cadet did not commit the offense(s) alleged if there are not sufficient grounds for a finding of guilty. Inform the cadet and terminate the proceeding.
b) Conclude that the cadet committed one or more of the offenses alleged.
1) Inform the cadet of the conclusion and the punishment imposed recorded on the Disciplinary Case Disposition Form (NU Form 12.4).
2) Inform the cadet of his or her right to appeal and annotate the Disciplinary Case Disposition Form (NU Form 12.4). Provide the cadet a copy of the form.
3) Provide the cadet with formal letter detailing the punishment, provisions for appeal, and conditions for return as appropriate (Administrative Discipline Hearing – Commandant’s Summary Session).
12. Render a decision as a result of an Administrative Discipline Hearing (Full Hearing Board).
a) Conclude that the cadet did not commit the offense(s) alleged if there are not sufficient grounds for a finding of guilty. Inform the cadet and terminate the proceeding.
b) Conclude that the cadet committed one or more of the offenses alleged.
1) Inform the cadet of conclusion and consider matters of extenuation and mitigation.
2) Full Hearing Board will inform the cadet that the recommended punishment will be forwarded to the convening authority.
3) Convening authority consider findings and recommendations from the board.
4) Convening authority will provide the cadet with formal letter detailing punishments, provisions for appeal, and conditions for return as appropriate.
13. Forward all case materials to the appropriate authorities.
14. Appellate authority will consider the appeal and provide a formal letter to the respondent regarding his/her final decision.
C. Failure to Appear. If a cadet fails to report to any Administrative Discipline Hearing (full hearing board or Commandant’s summary session) the case may be heard without the cadet present based on evidence and witnesses provided. If a cadet cannot appear due to a cogent reason, the cadet should immediately notify the Office of the Commandant. During the school year and out of session periods students are obligated to monitor their Norwich email account on a daily basis. Notification by email constitutes official notification for information on due process, charging, administrative discipline hearings, and honor hearings.
D. Special Cases. Suspected Class 1 offenses that are discovered within one month of reading day, in the fall or spring semester, and which could result in suspension or dismissal from the university will be adjudicated by an Administrative Discipline Hearing Commandant’s Summary Session regardless of the plea entered by the cadet respondent. The Commandant’s summary session will be convened as soon as possible after the completion of the investigation and due process for the accused. If necessary, a Commandant’s summary session may be convened after the end of the final exam period. The appeal process is as described in Section VIII of this chapter.
A cadet who is a candidate for graduation and has pending honor or disciplinary action at commencement will not graduate in the Corps uniform and will not be eligible to receive an MCV diploma until the case is adjudicated. If the cadet is found guilty of the charge(s), he/she will not receive an MCV diploma.
SECTION VIII — Appeal
A. General. Under due process, cadets adjudged guilty and punished under the provisions of a major disciplinary action enjoy the right to have their case reviewed by the next higher judicial authority, as described below. The next higher judicial authority, acting as the appellate authority in the case, has several options available to him or her after reviewing the evidence in the case: uphold the finding and punishment imposed by the adjudicating official; uphold the finding and amend the punishment (decrease); or set aside both the finding and the punishment.
B. Appellate Authority for Disciplinary (Class I) Actions.
Adjudicating Official Appellate Authority
Company Commander Battalion Commander
Battalion Commander Regimental Commander
Regimental Commander Commandant
Assistant Commandant Commandant
Commandant SVPSAT (for punishments involving suspension or dismissal only)
Note: In extraordinary cases where the SVPSAT must recuse himself or herself, appellate authority will be assumed by the President or his or her designee. Otherwise, the SVPSAT makes these decisions for the President and the Board of Trustees, and his or her appellate decisions are considered final.
C. Appeal Process. A cadet has 48 hours (two duty days) after the imposition of punishment to submit an appeal to the appropriate appellate authority. The appellate authority may approve an extension of time beyond the 48 hours if circumstances warrant an extension. An appeal must be typed, doubled spaced and hand delivered. In the case where an appeal cannot be delivered to the appellate, then the cadet making the appeal shall deliver the appeal to the adjudicating official. Any appeal initiated after 48 hours must be approved in writing by the Commandant for transmittal to the SVPSAT. All decisions rendered by the appellate authority are final. There is only one appeal in each case.
D. Requirements for Consideration of an Appeal. In order to be considered by an appellate authority, an appeal must include one or more of the following:
1. The introduction of new evidence that was not considered by the adjudicating official.
2. Reasonable grounds to argue that the evidence was insufficient for a finding of guilt.
3. Reasonable grounds to argue that due process was not provided.
4. The punishment imposed by the adjudicating official exceeds the normal penalty range prescribed by the Index of Class 1 Offenses.
SECTION IX — Refusal to Comply with Punishment
Once granted due process (to include the appeal process) and punished, a cadet does not have the right to refuse the punishment. If a cadet refuses to accept or comply with a punishment, the Commandant and the SVPSAT have the authority to suspend or dismiss the cadet from the university.
SECTION X — Effects of an Error to Norwich University Student Rules and Regulations
Failure to comply with any of the procedural provisions of these rules and regulations or this NUCC SOP shall not invalidate a punishment imposed for a Class I offense, unless the error materially prejudices a substantial right of the cadet on whom the punishment is imposed.
SECTION XI — Suspension of Punishment
The commander who imposes punishment, a successor in command over the person punished, an assistant commandant or the Commandant may at any time, suspend any part or amount of the unexecuted punishment imposed and may suspend a rank reduction, whether or not executed. The official suspending the punishment must complete a memorandum for record to document the action.
SECTION XII — Disciplinary Tours
A. General. Disciplinary tours (DT) may be imposed as punishment for minor offenses through ordinary disciplinary actions, or for Class I offenses using major disciplinary actions, as defined in this chapter. Disciplinary tours will be imposed as either marching tours or work tours, per the discretion of the adjudicating official who issues the punishment, and only in an amount up to the limit authorized in this chapter. The cadet’s signed acknowledgement of the punishment is sufficient notice that the cadet has been imposed tours and is responsible to determine if he/she must attend the following weekend’s tour formation. Not seeking this knowledge is no excuse to miss a mandatory tour formation.
1. Marching tours. A marching tour is 50 consecutive minutes of marching. Refer to NUCC SOP chapter 12 for marching tour requirements and procedures.
2. Work tours. A work tour is 50 consecutive minutes in duration and will be conducted at date, time, and location in support of a department or activity as authorized by an assistant commandant. Refer to NUCC SOP Chapter 12.
3. Authorization to perform work tours. Refer to NUCC SOP Chapter 12.
a) Any work tour(s) not completed and work tour credit slip submitted to the assistant commandant by 1300 on Friday must be performed as a marching tour(s) during that weekend’s mandatory tour formations. A cadet must report at 0750 on Saturday and march all tours until he/she has a tour balance of zero. Failure to do so will result in the cadet being considered Absent Tour Formation (ATF).
4. Credit for tours. Tours must be marched or worked correctly in order for a cadet to receive credit. No tours may be credited for studying, standing cadet guardroom duty, or work-study. A cadet on special status (SS) will march tours unless specifically prohibited from marching or standing for long periods by a physician, and then will perform duties that do not violate the physician’s restriction, as directed by their assistant commandant.
B. Mandatory Tour Formation. A mandatory tour formation for all cadets with outstanding marching or working tours will be held both Saturday and Sunday as follows:
0750 Accountability formation and inspection
0745-0800 Briefing
0800-0850 First hour
0900-0950 Second hour
0950-1020 Brunch
1020 Accountability formation
1030-1120 Third hour
1130-1220 Fourth hour
C. Tour Formation Operation. The Regimental S2 or a member of the S2 staff is responsible for the tour formation IAW the following guidelines:
1. A Cadet with one or more tours must report to a mandatory tour formation unless excused in writing by their assistant commandant.
2. To receive credit for the tour(s), a marching tour credit slip must be completed by cadet who marched the tour(s) and signed by both the cadet and the S2 tour supervisor. A cadet who fails to complete and sign a tour credit slip will not receive credit for tours marched.
D. Late or Absent Tour Formation. Cadets with outstanding tours who miss a mandatory tour formation will be charged with Absent Tour Formation (ATF) and placed on disciplinary probation.
E. End of Semester and Outstanding Tours. Cadets must complete all disciplinary sanctions and be released from military confinement prior to reading day at the end of each semester. Cadets that fail to complete all disciplinary sanctions prior to reading day will be placed on disciplinary probation until all sanctions and punishment imposed have been successfully completed.
F. Tour Report Administration. The Judicial Coordinator publishes the tour report. Upon receipt of the tour report, company commanders will ensure promulgation of the names of assigned cadets at reveille formation. Cadets who are not present during the reveille formation must contact their chain of command directly. It is each cadet’s responsibility to determine if he/she has been imposed tours. Cadets may check with the Coordinator, the S2 or their assistant commandant for tour information.
G. Tour Report Discrepancies. A cadet who believes a discrepancy exists on the tour report must clear the discrepancy with his or her assistant commandant or the Judicial Coordinator in Student Records.
SECTION XIII — Campus Confinement (CC)
A. General. The following restrictions will remain in effect while on campus confinement (CC):
1. Must mil tape CC notice on barracks room door during confinement period.
2. Must mil tape and maintain on barracks room door a CMC Confinement Register (NUCC Form 12.B, Revised 2 August 2004).
3. Must attend scheduled academic classes, all formations and class specific training.
4. Must remain confined to campus at all times.
5. Regular leave, general absences, military drill and local liberty must be approved by the Commandant, assistant commandant, or senior enlisted advisor and trainer. In addition to the before mentioned approving authorities, emergency leave papers may also be approved by the SADO or regimental duty officer.
6. Must have a tour balance of zero before coming off CC.
7. Must complete and comply with the instructions on the Authorization for Release from Confinement Form (NUCC Form 12.11):
B. Authorized Exceptions. Failure to comply with the above standards will result in additional disciplinary actions. Only the Commandant, assistant commandant or cadet commanding officer who adjudicated the Class I action may authorize, in writing, exceptions to these restrictions.
SECTION XIV — Close Military Confinement (CMC)
A. General. Close military confinement (CMC) is the most severe punishment short of suspension or dismissal. The following instructions will remain in effect while on CMC:
1. Must mil tape CMC notice on barracks room door during confinement period.
2. Must report at 0725 to Regimental S2 staff at Jackman Hall the first morning of confinement.
3. Must wear Norwich ID card in a plastic holder clipped to uniform pocket for duration of confinement period. Plastic holder issued by Regimental S2 staff.
4. Must attend scheduled academic classes, all formations and class specific training.
5. Must remain confined to campus at all times.
6. Regular leave, general absences, military drill and local liberty must be approved by the Commandant, assistant commandant, or senior enlisted advisor and trainer. In addition to the before mentioned approving authorities, emergency leave papers may also be approved by the SADO or regimental duty officer.
7. Will not be permitted to attend or participate in intercollegiate athletic competitions or extracurricular activities during the first 10 days of confinement, except as required by mandatory, full Corps formation:
8. Special restrictions:
a) Cadets on CMC forfeit all rank and position.
b) Are not permitted to wear civilian clothes and may only wear the PT uniform outside of their room when conducting PT.
c) Forfeit all sleep-through privileges.
d) May be required to do work details at the direction of the Commandant’s staff:
e) Must attend the following CMC formations:
• 0730 Monday-Sunday.
• 1210 Monday-Friday; 1230 Saturday/Sunday.
• 1700 Monday- Sunday.
• 2200 Monday-Sunday sign-in at the Guard Room.
e) Must attend tour formations as applicable and have a tour balance of zero before coming off CMC.
g) Must complete and comply with the instructions on the Authorization for Release from Confinement Form (NUCC Form 12.11).
B. Authorized Exceptions. Failure to comply with the above standards will result in additional disciplinary actions. Only the Commandant, assistant commandant or cadet commanding officer who adjudicated the Class I action may authorize, in writing, exceptions to these restrictions.
SECTION XV — Disciplinary Probation
The SVPSAT and the Commandant may place a cadet on disciplinary probation as a rehabilitative measure if found guilty of a Class 1 offense. The duration of the probation will be prescribed by the official imposing the probation. Any cadet who is found guilty of a subsequent Class I offense and is imposed a punishment with penalty numbers 1 through 6 while on disciplinary probation will be administratively separated from the university under the provisions of administrative separation.
SECTION XVI — Separation from the University
A. General. The SVPSAT and Commandant have the authority to suspend or dismiss any cadet from the university. Suspensions may remain in effect for up to one calendar year. Dismissals are permanent. The administering official will instruct a cadet to remove himself or herself from the university by a specific time and date. See Chapter 3 for additional information on separation from the university:
B. Administrative Separation. The Commandant may administratively separate any cadet who consistently fails to maintain acceptable standards, who displays an inability to adjust to the Corps lifestyle, violates disciplinary probation, is physically unable to participate in mandatory training activities, or who requires an inordinate amount of supervision. The SVPSAT will act as the appellate authority for administrative separation actions under this provision.
C. Immediate Interim Suspension. The Commandant or the SVPSAT may impose an immediate interim suspension whenever it is determined that a cadet’s behavior constitutes a danger to other students or property, or is unreasonably disruptive to the learning environment. An immediate interim suspension will remain in effect until completion of the disciplinary process. The results of the disciplinary process will determine the cadet’s standing. Immediate interim suspension will not be based on a presumption of guilt, but rather on the consideration criteria stated above. A cadet being considered for immediate interim suspension will be afforded the opportunity of an informal hearing with the administering official in order for the cadet to be informed of the reasons for the suspension and allow the cadet to indicate why his or her presence on university grounds does not meet the consideration criteria stated above. Cadets placed on immediate interim suspension will have no more than 24 hours to vacate Norwich University. The cadet will be responsible for all costs associated with travel, meals and lodging.
D. Dismissal. A cadet may be dismissed from the university if found guilty of specific Class I offenses, violations of these rules and regulations, university policies or honor code. In all cases, cadets will be afforded due process. A cadet dismissed for honor or discipline reasons will have their deportment file permanently annotated to reflect the dismissal and its cause. A dismissed cadet will not be readmitted to Norwich University nor have a diploma conferred by Norwich University.
E. Return to University Grounds. Cadets who have been dismissed, suspended or otherwise removed from Norwich University will not return to the university without written permission from the Commandant or SVPSAT. A cadet suspended from the university may be granted permission to return to campus for final examinations under the terms specified by the SVPSAT or Commandant if the suspension occurs within the last two weeks of regularly scheduled classes or if the individual concerned is a second semester senior or is being suspended with no expectation of returning to Norwich University. A suspended cadet who returns to the university without permission will not receive favorable consideration on an application for readmission and may be subject to civil action for trespassing.
SECTION XVII — Commanding Officer’s Authority
The following index prescribes the specific range of punishments each level of adjudicating official is authorized to impose as a result of major disciplinary actions:
1. Company commanders may impose penalties #13 through #8.
2. Battalion commanders may impose penalties #13 through #6.
3. Regimental commander may impose penalties #13 through #5.
4. Assistant commandants may impose penalties #13 through #3.
5. SVPSAT and Commandant may impose penalties #13 through #1.
Adjudicating officials are encouraged to maintain the penalty range integrity whenever possible and utilize suspension provisions to mitigate penalties at their discretion.
There are several alleged violations that fall into the Commandant of Cadets scope of authority, for liability reasons, and will be investigated and acted on by the Commandant’s professional staff or a designated independent investigator. These alleged violations include but are not limited to the following:
• Violations involving violence.
• Hazing.
• Bullying.
• Assault.
• Battery.
• Stalking.
• Sexual misconduct or assault.
• Harassment.
• Bias incident violation.
• Violations of alcohol policy.
• Possession of illegal substances.
• Other serious breaches of state or federal law.
The Corps chain of command has the responsibility to immediately report alleged violations involving these serious breaches to the Commandant’s professional staff.
A report of ordinary disciplinary actions as well as any major disciplinary actions acted upon by the cadet chain of command must be submitted to the appropriate assistant commandant within 24 hours of such action.
SECTION XVIII — Penalty Index for Class I Offenses
The following index relates penalty numbers to specific punishments for use in the Index of Offenses section:
Penalty # Punishment
1 Dismissal
2 Suspension
3 45 days CMC & 45 tours
4 30 days CMC & 30 tours
5 21-27 days CMC & 25-30 tours
6 14-20 days CMC & 20-25 tours
7 7-13 days CMC & 15-20 tours
8 1-6 days CMC & 10-15 tours
9 21-27 days CC & 5-10 tours
10 14-20 days CC & 5-10 tours
11 7-13 days CC & 5-10 tours
12 1-6 days CC & 1-10 tours
13 1-10 tours
SECTION XIX — Index of Class I Offenses
The following index prescribes the range of punishments that may be imposed by the SVPSAT, the Commandant, assistant commandants, cadet commanding officers, or recommended by an Administrative Discipline Hearing Board depending upon the gravity of the Class I offense.
Class I Offense Abbreviation Penalty
Absent
Guard Duty/BDO AGD 4 - 9
Duty AD 3 - 9
Tour Formation ATF 3 - 9**
Without Leave AWOL 4 - 9
Arson AR 1
Assault A 1 - 7
Assault and Battery AB 1 - 3
Bias Incident Violation BIV 1 – 5*
Class I Offense Abbreviation Penalty
Breaking Restriction
Close Military Confinement BR-CMC 1 - 7
Campus Confinement BR-CC 2 - 8
Bringing Discredit on the University BDU 1 - 8
Bullying BU 1 - 4
Collective Action CA 1 - 4
Conduct Unbecoming a Student CUB 1 - 13
Damaging University Property DUP 1 - 8
Defamation DEF 1 - 6
Dereliction in the Performance of Duties DPD 3 - 9
Disobedience of Orders DO 2 - 10
Disorderly Conduct DC 4 - 12
Disregard for the Safety of Others DSO 1 - 8
Disrespect DR 4 - 13
Entry into Off Limits Areas EOLA 1 - 8
Entering Room in Barracks or Residence Hall
without Authority ER 2 - 8
Failure to Comply with Fire and Safety Regs FCFSR 1 - 13
Failure to Comply with University Official FCUO 1 - 10
Fighting FGT 1 - 13
Fraternization FR 1- 10
Gambling G 7 - 10
Harassing Communication HC 1 -10
Hazing H 1 - 2
Incomplete Official Report or Statement IORS 1 - 6
Indecent Exposure IE 1 -10*
Infringement on the Rights or Privacy of others IRPO 2 -10
Intimidation I 1 - 4
Class I Offense Abbreviation Penalty
Lewd and Lascivious Conduct LLC 1 - 10*
Loitering/Prowling/Failure to Identify LPFI 2 - 11
Malingering MAL 4 - 13
Misconduct MC 1 - 10
Misuse of University Property MUP 2 - 10
Misuse or Modification of Rifle/Weapon MRW 1 - 6
Not Performing to Expected Standards NPES 4 – 13
Obstruction of an Investigation OI 2-5
Possession or Use of Firearms
on University Grounds PFUG 1 - 2
Possession or Use of Weapons or
Ammunition on University Grounds PWUG 1 -12
Possession or Use of Controlled
Substances or Drug Paraphernalia PUCSDP 1 - 2
Possession or Use of Prohibited Substances PUPS 1 – 3
Possession, Use, or Sale of Fireworks PF 1 - 2
Possession of MRE Heaters PMH 3 - 8
2nd Offense 1 - 2
Use or Possession of a Fabricated Explosive
Device UFED 1 - 2
Refusal to Comply with Punishment RCP 1 - 2
Refusal to Comply with No Contact Order RNCO 1 - 6
Soliciting Business Without Authority SBA 7 - 9
Threat T 1 - 10
Toleration of Violations
(Up to the level of the violation) TV 1 - 13
Unauthorized/Improper Training UT 1 - 8
Unauthorized Rifle Training/Removal URTR 1- 10
Unauthorized Transportation of a Rifle UTR 1 - 10
Class I Offense Abbreviation Penalty
Vandalism V 1 - 6
Violation of Alcohol Policy
Possess or consume on campus VAPPC $200.00 fine***
Disorderly Conduct under the
Influence of Alcohol VAPDC $200.00 fine***and 4 - 10
Second Violation of Alcohol Policy VAP2 $500.00 fine***
Third Violation of Alcohol Policy VAP3 1 - 2
Furnishing Alcohol to Minors
(younger than age 21) VAPFM 1 - 2
Toleration of Violations –Violation
of Alcohol Policy VAPT $200.00 fine*** (sustained)
Violation of Acceptable Use Policy VAUP 1 - 10
Violation of Non-Discrimination/
Sexual Misconduct Policy
(Adjudicated By The EEO Office) 1 - 2
Violation of Conduct related to Non-Discrimination/
Sexual Misconduct, Relationship Violence, and Stalking policy 1-4*
Violation of Tobacco Policy VTP 8
Repeat Offense 4-6
Voyeurism VOY 1-3*
* Cadets found guilty of these violations are required to attend three hours of mandatory training/education on the NU Policy on Non-Discrimination/Sexual Misconduct, Relationship Violence, and Stalking Policy and community standards of conduct. The respondent will be required to pay a $200.00 fee for the cost associated with this training/education requirement. This additional requirement will be annotated by the adjudicating official on the Disciplinary Case Disposition Form (NU Form-12.4) and will be administered by the NU EEO.
** An Assistant Commandant will adjudicate this violation. Cadets found guilty of the charge Absent Tour Formation (ATF) will be placed on disciplinary probation (DP) for a period of 90 days from the time of adjudication (conclusion of appeal) by the authority of the Commandant. Adjudicating officials will count all days (i.e. spring break) in the semester prior to reading day and indicate the DP ending date on the NU Form 12.4, Disciplinary Case Disposition Form.
*** A $200 fine penalty level does not trigger a previously enacted disciplinary probation and may only be imposed by a Student Affairs staff member when adjudicating a first violation of the alcohol policy. A $500 fine penalty level does trigger a previously enacted disciplinary probation resulting in administrative separation and may only be imposed by a Student Affairs staff member when adjudicating a second violation of the alcohol policy (including disorderly conduct under the influence). On the first violation of the alcohol policy, possess or consume on campus, a student may be required to complete an alcohol education program. The decision whether to refer the student is left to the staff member adjudicating the case. A second violation of alcohol policy will result in a mandatory alcohol education program being imposed. An alcohol education program is required for the alcohol violation of disorderly conduct under the influence. Staff members adjudicating these cases will refer the student to a licensed provider. Toleration of Violations - Violation of Alcohol Policy (VAP) will result in a fine of $200.00 for the initial offense and any subsequent offenses. Students guilty of toleration more than once will not be subject to an escalation of fines for repeated offenses.
Related article: Code of Conduct and Disciplinary System – Civilian Students
The full handbook edition is available for download here: 2019 Student Rules and Regulations (PDF 1.3MB)
