Cadet Character Development Program Honor Education: Honor System Overview AY 18-1, Discussion Date: 05 OCT 17

Transcription

1 Cadet Character Development Program Honor Education: Honor System Overview AY 18-1, Discussion Date: 05 OCT 17 Lesson Objective: 2-4 CL Cadets understand the Cadet Honor Code and System, including process, types of boards, Willful Admission Process, and SLDP-H developmental program. Facilitator Guidance: The purpose of this class is to help the Corps of Cadets better understand the system in which they are charged as stewards. Cadets are not expected to be subject matter experts! However, they should understand the general aspects of the system and know who their Company and Regimental Honor Representatives are to ask further questions. Discussion: Back to Basics (Approximately 25 Minutes) Why is there an Honor System? What is the Purpose? Consider that they system mimics the stewardship responsibility of officers in the Army Who owns the Honor System? There are multiple stake-holders in the system. Have Cadets think about what role each plays What if Cadets had no role in the Honor System? Would you trust the system more or less? Why? Take boards and have the small groups write out the Honor process for a found Cadet (from violation to Superintendent decision) Cadets should be able to identify the major points marked with a star on the chart below Who are all the Cadets involved in an HIH/CAB? o Board President (trained but not on Honor CMTE, does not vote) o Investigative Rep (Firstie on Honor CMTE who investigated the case, does not vote) o Board Member (Various backgrounds, all 9 vote) o Cadet Advisor (not on Honor CMTE, moral support for respondent, does not vote) o Respondent (accused CDT) Chart Continued on Next Page

2 The available consequences from the Superintendent are: Graduation with class December graduation One-year turn back Academy Mentorship Program 2-3 years of enlisted service with the chance to re-apply to USMA Separation after affirmation, cadets must pay USMA back through enlisted service or the monetary value of their education All found cadets are also PFCs until completing SLDP-H and are under suspended separation until graduation. The separation goes into effect if a cadet is found of a second Honor case, fails SLDP-H, receives a Military Development grade of F, is found at a misconduct investigation, exceeds the six-month demerit allowance, or receives 35 or more demerits at a Brigade board.

3 Discussion: Understanding Intent (Approximately 15 Minutes) How can a person measure another s intent? The hardest part of determining an Honor violation is whether the Cadet had intent. Although we cannot read the mind of the accused, we can gain insight from the person s actions and statements, testimony of others, reasons for committing a violation, etc. Key Points for Intent: 1) An act does not need to be malicious to show intent 2) The anticipated outcome of an action can show intent Real World Example: Scenario: Someone goes out drinking on a Friday night. At the end of the evening, the person hits someone with their car and kills them How many people start a Friday night thinking I want to kill someone with my car tonight Just because the person didn t plan it from the start does not absolve them of the outcome What actions did they take throughout the night that could show intent? o Driving to the bar: This itself is not intent, but a valid question is how did they plan to get home o Having more than a few drinks: Again, by itself does not show intent BUT they knew they drove and yet still had drinks o Making the decision to drive: Up until this point, all decisions were just poor. Deciding to drive on top of all those other poor decisions is the issue Key Take Aways: Just because they did not start out the night intending to kill someone, it does not relieve them of the ramifications of their actions It s usually not about one decision but multiple decisions that, when combined, shows a dereliction of responsibility Cadet Example: Scenario: Large research paper is due in a month. The Cadet fails to adequately allocate time to the paper. As such, the paper is being completed late on the night before it is due. How many people start a paper thinking I am going to intentionally plagiarize my paper? Just because the person didn t plan it from the start does not absolve them of the outcome What actions might the Cadet take that could show intent? 90% of cheating cases involve combinations of the actions listed below o Starting the paper late: This itself is not intent but may lead to poor decisions later and be a motive to cut corners o Ask for their roommate s paper: What is the purpose of seeing someone else s work? By itself, this may not show intent but if they chose not to cite why? o Copying from Wikipedia but citing as another source: Why would someone not cite the actual source that they received the information from? o Citing a random page number because they forgot what page the information was on: This is not only lazy but a deliberate decision. By knowingly putting the incorrect page number, the CDT is choosing to deceive the instructor o Citing a source not referenced: This is also a deliberate decision to cite a source that the CDT never viewed. By reading this, the instructor believes the CDT actually viewed the material Key Take Away: Just because the CDT did not start the paper intending to deceive does not relieve them of the consequences of their decisions.

4 Key Takeaways: Cadets hold the single most important aspect of the Honor System: Determining if a violation was committed If you see something you believe was an Honor violation, notify your instructor or Company Honor Rep. You can also informally approach someone for clarification by asking what happened and are obligated to inform your instructor or Honor rep if unsatisfied by the answer. Cadets do not have to have malicious intent or set out to violate the Cadet Honor Code. Honor violations occur when cadets fail to think about the consequences of the decisions they make every day. Honor boards are open hearings. Cadets can observe any case that they are not testifying about in the hearing room on the fourth floor of Nininger Hall, with boards beginning at 0830 most weekdays. Your Company Honor Reps are your main points of contact for the Honor System Cadets who are suspected of Honor violations have the opportunity to speak with Legal Assistance lawyers in Building 606 Check On Learning: XY Case Studies (Approximately 15 minutes) Both XY case examples are based off actual cases from 2017 Case #1: Cadet X cheated on a paper. He is approached for clarification by his instructor and says that he just cited poorly and it is a misunderstanding. Later that day, Cadet X realizes that he knows he cheated and that he should turn himself in. Is the Cadet eligible for the WAP? Yes. Cadets are still eligible for the WAP if they turn themselves in within 24 hours of the violation or being approached. Who should Cadet X report to? Cadet X has many options to include TAC Team, CDT CoC, Company Honor Rep, and the Instructor. Case #2: Cadet X goes out in Highland Falls on the weekend. Cadet X is a first-class cadet with full privileges, but is 20 years old. She uses a fake ID at a bar to order drinks and another cadet recognizes this and confronts Cadet X. Cadet X is now being brought up on Honor, and she has an alcohol board. Since Cadet X now has an Honor board and an alcohol board, is this a case of double jeopardy? No. There are two separate actions that are being considered: Regs Violation- Drinking underage is unauthorized Honor Violation- Using a fake ID (non-verbal communication: Lying) shows an intent to deceive

5 Facilitator Information/ FAQ: Honor Investigative Hearing (HIH) occurs when a cadet contests the allegation. A board of nine cadets views evidence and hears from witnesses, and six cadets out of the nine must vote to find a cadet guilty of an Honor violation. Emphasize that ONLY cadets can find or not find another Cadet in violation of the Honor Code. No other system at West Point instills that same level of responsibility and trust in the Corps. As such, Cadets have an obligation to place their personal feelings aside. This mimics a Commander s responsibility in implementing UCMJ in the Army. Cadet Advisory Board (CAB) occurs when a cadet either admits to an allegation, or is found by an HIH. In this board, cadets bring character witnesses and nine cadets make recommendations for the cadet s consequence. The purpose of the CAB is to provide a better picture of that Cadet as a whole. The CAB will write individual recommendations to the Superintendent, BUT they are not the only recommendation considered. See Superintendent Decision during Adjudication. Willful Admission Process (WAP) is an alternative to the CAB for cadets who admit and meet certain criteria, allowing them to skip the board and receive their outcome from the Superintendent sooner and remove the possibilities of separation or AMP. To qualify for the WAP, cadets must: Admit to all violations on their own or within 24 hours of an approach for clarification Not have been previously found for an Honor violation Not have a current flag for misconduct or investigation, or a pending regimental board or higher Show a desire for development through SLDP-H Be approved by the Honor Captain, Commandant, and Superintendent Same people make recommendations to the Superintendent except for board member recommendations (because there is no board)

6 Superintendent Decision during Adjudication- The Superintendent reviews the entire Honor file prior to making a decision impacting the graduation date of a Cadet. Additionally, the Superintendent will normally meet with the Cadet, their CoC, and the Honor Committee. Below is a chart depicting all of the recommendations that he considers. The WAP does not culminate in a board and therefore this is not part of the process. The Superintendent considers all of these recommendations along with the Class year of the respondent, severity of the violation, and his years of experience. Special Leader Development Program Honor (SLDP-H) is a mentorship and developmental program for all cadets who are found for Honor violations. Cadets reflect on their Honor violation with a faculty mentor and teach others about their mistakes as an opportunity to grow from a character failure. Timeline of the Honor Process: The Honor process can be long but that is a result of due process afforded to the Cadet being brought up on Honor. Additionally, the Honor Committee cannot conduct investigations during certain periods (Thanksgiving, Winter, Spring Break, Reorgy Weeks, TEE weeks, and Summer Leave). Furthermore, cases received in late April or early May will likely not be adjudicated until the following academic year. With all of that said, in AY17 Honor cases went from 220 total processing days to around 135. This year s Honor Committee is committed to maintaining this more efficient process. Social Tact: Social tact is appropriate in response to questions such as did you like my wife s cooking or what do you think of my new shirt that ask for opinions. Social tact does not apply to fact-based questions, like lying about why you were late for dinner with your sponsor by saying you had a duty. Regulations vs Honor: A Cadet can be investigated for Honor and Regulations violations. This is not double jeopardy because each investigation is looking at a different element of the Cadet s actions. An example is underage drinking using a false ID. The regulations violation is the underage drinking while presenting a false ID is an Honor violation (lying). CAB Recommendation vs SUPT Decision: The Superintendent reads every single recommendation that the CAB writes. That being said, the Superintendent also considers the recommendation of the Honor CPT, Cadet CoC, TAC Team and Commandant. The CAB is a very useful tool to understand the board. However, the CAB does not have full access to the Cadet s record while at West Point which is also considered by the Superintendent.

7 Outcomes of Cases Reviewed by the Cadet Honor Committee: Below is a graphic depicting the outcome of all AY17 Honor cases through May Dropped- The Honor Committee determined insufficient evidence Left Academy- The Cadet resigned, was medically separated, separated by the Academic Board, or separated for other misconduct prior to a hearing. Found- Cadet admitted and entered the WAP, admitted at a CAB, or was found at an HIH Not Found- Cadet was not found at an HIH Pending- All pending cases from AY17 will be adjudicated by the end of October. The majority of these cases were handed to the Honor Committee in May and could not be completed prior to leave. Of the 31 Pending: 13 have hearings in September, 14 are under investigation, and 4 cases are on hold because the Cadet is not at the Academy at this time