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Standard Operating Policies

North Valley Military Institute / Page No.
1 of 2
Effective Date
1 August 2015 / Revision Date
1 August 2017

Title: Boards of Review/Demotions

/ SOP Number
11.018 / Superintendent Approval
M. Ryan, Ph.D.

POLICY:

When a cadet has acted in a manner to bring discredit upon him/herself, the Academy, or the California Cadet Corps, they are subject to disciplinary action, including but not limited to demotion in rank. The Board of Review (BOR) procedure is designed to fairly consider circumstances where a cadet is accused of inappropriate conduct.

Parents who would like to be present during a BOR may do so but are not allowed to make comments during the BOR without the permission of the president of the board.

PROCEDURE:

  1. When a cadet of the rank C/CPL or higher commits any of the following offenses, s/he is subject to a hearing of a Board of Review.

§  Gross insubordination

§  Failure to wear the cadet uniform with pride and IAW CR 1-8

§  Excessive absences

§  Excessive tardies

§  Neglect of duty

§  Lying

§  Cheating

§  Stealing

§  Knowing about the misconduct of another and not reporting it

§  Poor academic performance (including placement on Academic probation)

§  Failure to demonstrate military courtesy or honors to the Nation or its symbols

§  Fighting

§  Use of profanity

§  Improper use of the internet, including posting of inappropriate content on a web site

§  Any offense for which the cadet may be suspended or expelled

  1. Boards of Review will consist of a minimum of seven but not more than eleven board members equal or greater in rank to the cadet coming before the board.
  2. Ideally, these boards will consist of only cadet leaders; however, in the absence of sufficient cadet leaders to sit on the board, TAC Team members may be used as board members.
  3. The cadet’s TAC Officer or his designee will be present at all Boards of Review.
  4. Cadets accused of committing one of the enumerated offenses shall be reported to the TAC Officer who will coordinate with the Commandant and Cadet battalion commander or his/her designee to schedule the Board and select members.
  5. Standing members of the board shall be appointed by the Battalion Commander; however depending on the rank of the cadet appearing before the board, additional cadets may have to be asked to serve on the Board.
  6. The Board shall be convened after school at a time convenient to the members. Once scheduled, a memorandum shall be prepared to inform the cadet of his/her scheduled appearance, the charges, and of the cadet’s right to call witnesses and present evidence in his/her defense.
  7. The cadet appearing before the board shall appear in Dress Uniform and the hearing shall consist of the following parts:

§  Presentation of the charges by the TAC Officer or his designee

§  An opportunity for the cadet to question the TAC Officer or his designee

§  An opportunity for the Board members to question the TAC Officer or his designee

§  Presentation by the TAC Officer of any witnesses on behalf of the school

§  An opportunity for the cadet to question those witnesses

§  An opportunity for Board members to question those witnesses

§  An opportunity for the cadet to call his/her own witnesses and/or testify on his/her own behalf

§  An opportunity for the TAC Officer to question the cadet and/or his/her witnesses

§  An opportunity for the Board members to question the cadet and/or his/her witnesses

§  An opportunity for the cadet to make closing arguments

§  An opportunity for the TAC Officer to make closing arguments on behalf of the school

  1. The Board will deliberate in private and must reach a majority verdict and recommendation for consequences, if any.
  2. Consequences within the purview of the Board to recommend are as follows:

§  Demotion one or more ranks, but in no case to a rank lower than Cadet.

§  Required school service

§  Public apology (oral or written)

§  Removal from leadership position(s)

  1. Recommendations go to the Commandant who makes the final decision.
  2. The final decision will be communicated to the cadet by the TAC Officer in memorandum format and verbally.
  3. The superintendent is the appeal authority for decisions of the Commandant. There is no other level of appeal.
  4. If a demotion or removal from position is determined to be the final course of action, the Commandant will prepare a Request for Personnel Action (RPA) and give it to the S-1 for publication of orders.
  5. Copies of the final memorandum, supporting evidence, and the RPA will be filed in the cadet’s 201 file.
  6. If a cadet is determined not to warrant any punishment, a memorandum for record explaining that outcome will be prepared and filed in the cadet’s 201 file.

NVMI Standard Operating Procedure Page 2 of 2