U.S.

Department of
Homeland Security

United States
Coast Guard

Cadet Conduct and Discipline

System

SUPTINST M5215.3A
Fall 2022
CADET CONDUCT AND DISCIPLINE SYSTEM .................................................................................................. 3
A. General.............................................................................................................................................. 3
B. Basic Principles. ................................................................................................................................. 5
C. Offenses. ......................................................................................................................................... 12
D. Reporting a Violation of the Cadet Conduct and Discipline System. .............................................. 26
E. Investigating Reported Offenses..................................................................................................... 28
F. Adjudicative Hearings. .................................................................................................................... 34
G. Appeals Procedure. ......................................................................................................................... 45
H. Separations from the CGA due to Conduct or Military Performance Deficiency. .......................... 47
I. Disciplinary Measures. .................................................................................................................... 52

2
CADET CONDUCT AND DISCIPLINE SYSTEM

A. General.

1. Authority. 14 U.S.C. § 1901, 1924; Article 2, UCMJ; Rule for Courts Martial 306;
Officer Accessions, Evaluations, and Promotions Manual, COMDTINST
M1000.3(series); Military Separations Manual, COMDTINST M1000.4(series);
Discipline and Conduct Manual, COMDTINST M1600.2(series); Military Justice
Manual, COMDTINST M5810.1(series).

2. Purpose.

Cadets at the Coast Guard Academy (CGA) have a status as members of several
societies. They belong to not only our American society, but also to the military
society of the Coast Guard and the special society of the Corps of Cadets at the CGA.

As members of multiple societies, cadets are subject to the Uniform Code for Military
Justice (UCMJ), (see Article 2(a)(2), UCMJ), as well as Coast Guard regulations and
policy. All cadets at the CGA, international cadets, and cadets or midshipmen of other
service academies temporarily assigned to the CGA Corps of Cadets, are also subject
to Superintendent Instructions, including SUPTINST M5215.2(series) and the Cadet
Conduct and Discipline System, which is set forth in this Manual.

The Cadet Conduct and Discipline System is an administrative system designed to

educate and rehabilitate cadets to meet the high standards required for
commissioning, and to keep good order and discipline at the CGA.

As an administrative system, the Cadet Conduct and Discipline System is not tied to
the more rigid rules of procedure found in the UCMJ and Federal Criminal Laws.
Just as the Commanding Officer of a ship has broad and discretionary powers of
discipline, so does the Commandant of Cadets have broad and discretionary powers
to discipline cadets.

In accordance with the CGA’s mission, the Cadet Conduct and Discipline System
seeks to develop Coast Guard Officers of high moral character and preparedness for
service in the Coast Guard fleet by:

Providing a disciplinary system modeled after the system found in the Coast
Guard;

Training cadets in the administration of that disciplinary system; and

Instilling the high standards of military conduct expected of them as cadets and
future officer.

This Manual prescribes rules of conduct and behavior for cadets, the processes and
procedures for investigating and hearing alleged violations of those rules, and the
various methods of remediation and correction of offenses. It also sets forth the

3
 CGA’s procedures for disenrolling a cadet who does not meet the high standards
necessary for commissioning as an officer in the Coast Guard. Abuse of the system
discourages respect for authority and defeats the “spirit” of these regulations.

3. Nature.

The Cadet Conduct and Discipline System provides non-punitive measures to correct
deficiencies in a cadet’s conduct, such as extra military instruction (EMI), counseling,
administrative withholding of privileges, and remediation. It also provides
disciplinary measures such as reprimands, award of demerits, restriction, conduct
probation, and other appropriate sanctions specifically described herein, which are
more serious than non-punitive measures, but less serious than punishment awarded
at an Article 15, UCMJ or trial by courts-martial. It is purely administrative in nature
and is not governed by UCMJ Military Rules of Evidence. The procedures
established in this instruction are designed in part to assist the Superintendent in
assembling all pertinent information prior to making the decision to separate a cadet
deemed unsuitable for service.

The Superintendent’s authority to disenroll a cadet is derived from 14 U.S.C. § 1901,

et seq. More specifically, 14 U.S.C. § 1901 states that “[t]he immediate government
and military command of the CGA shall be in the Superintendent of the [CGA] . . .”
Additionally, 14 U.S.C. § 1928 states “[t]he Superintendent of the [CGA] may . . .
confer the degree of Bachelor of Science upon all graduates of the [CGA] . . .” and 14
U.S.C. § 1924 states that “[t]he Secretary may summarily dismiss from the Coast
Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or
conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall
be subject to rules governing discipline prescribed by the Commandant.” Coast Guard
policy delegates the authority to dismiss cadets and prescribe the rules governing
discipline to the Superintendent of the CGA.

Procedural errors or irregularities in investigations and hearings normally do not

invalidate the proceedings or any action of the Commandant of Cadets or
Superintendent based thereon. However, those constitutional rights inherent in
administrative due process will be afforded to each cadet. More specifically, under
this administrative system, each cadet subject to a disenrollment is entitled to, at a
minimum, notice of any charges against them and a fair opportunity to present a
defense at a full and fair hearing. Each cadet will also be given the opportunity to
appear at the hearing, and to present statements, evidence, and witnesses on their
behalf. Hearings held under this Manual can be formal or informal, and should be
considered investigative, not adversarial. In other words, hearings are a cadet’s
opportunity to develop and present facts and evidence, call witnesses, and contest the
charges against the cadet.

4
B. Basic Principles.

1. Responsibilities. The following personnel play important roles in the Cadet Conduct and
Discipline System. The following list of roles and responsibilities are specific to the
Cadet Conduct and Discipline System, and are complimentary to any roles outlined in
other sections of this Manual.

Superintendent. The Superintendent bears overall responsibility and authority for the
creation, maintenance, and execution of the Cadet Conduct and Discipline System. In
addition to this oversight role, the Superintendent will:

Make all final decisions concerning a cadet’s disenrollment from the CGA; and

Forward all appeals to DCMS-dpr.

Commandant of Cadets. The Commandant of Cadets is responsible for the proper

execution of the Cadet Conduct and Discipline System. This position is analogous to
the Commanding Officer of a ship, and carries the final authority for adjudicating and
awarding consequences for violations of the Cadet Conduct and Discipline System. In
exercising this authority, the Commandant of Cadets is responsible for:

Reviewing and adjudicating all Class I Investigations, unless delegated;

Acting as Class I Hearing Authority, if necessary;

Making recommendations to the Superintendent to disenroll those cadets deemed

unsuitable for continued service; and

Providing recommendations for improving the Cadet Conduct and Discipline

System.

Commanding Officer of Eagle. The Commanding Officer of EAGLE may be

responsible for taking disciplinary actions against cadets who violate these
regulations while on board CGC EAGLE. Such disciplinary actions shall be in
accordance with the provisions contained in this Manual, and all administrative
proceedings shall be carried out as set forth below. The Commanding Officer of
Coast Guard Cutter EAGLE, however, reserves the right to take any UCMJ and
administrative action entitled to be taken by a commanding officer of a cutter.

Assistant Commandant of Cadets (Chief, Cadet Branch). The Assistant Commandant

of Cadets is analogous to the Executive Officer on board a ship and is therefore
responsible for the administration of the Cadet Conduct and Discipline System. In
carrying out these duties, the Assistant Commandant of Cadets is responsible to:

Act as a Class I Hearing Authority, as appropriate or as delegated;

Assign the Class I Hearing Authority if further delegating;

5
 Act as primary liaison to the Coast Guard Investigative Service (CGIS) for Cadet
Division in coordination with the Staff Judge Advocate (SJA);

Review every Class I investigation to ensure each case is properly vetted, routed,
and approved prior to adjudication; and

Approve the offenses that a cadet is being charged with, and ensure the charges
are supported by the facts in every case.

Commissioned Conduct Officer. The Foxtrot Company Officer will be assigned as

the Commissioned Conduct Officer and act as supervisor to the Corps of Cadets for
administration of the Cadet Conduct and Discipline System. In carrying out this
responsibility, the Commissioned Conduct Officer shall:

Review this Manual periodically and provide updates, recommended changes, and
other revisions as necessary to ensure the proper, fair functioning of the Cadet
Conduct and Discipline System. Review of this Manual will be conducted in
coordination with the CGA’s Office of the Staff Judge Advocate, CG
ACADEMY (sja);

Support the Assistant Commandant of Cadets in the administration of the Cadet

Conduct and Discipline System by ensuring all investigation and case packages
are properly prepared and thoroughly vetted by the appropriate authorities prior to
adjudication; and

Act as convening authority for all cadet investigations, and manage the cadet
investigation process from assignment of the Investigating Officer (IO) through
adjudication as well as give guidance to IOs.

Company Officers/Company Chiefs. Company Officers and Company Chiefs are

critical to the development of cadets into Coast Guard Officers. Part of this
development necessarily involves an understanding of the Cadet Regulations and this
Manual and a willingness to abide by these regulations. To this end, Company
Officers and Chiefs may be expected to:

Counsel cadets on the requirements of the Cadet Conduct and Discipline System;

(Company Officers only) Act as Class I Hearing Authority for Class I violations
as required under this Manual and as assigned by the Assistant Commandant of
Cadets;

Provide guidance and resources to IOs conducting investigations;

Provide character statements attesting to the performance and character of a cadet

during a disciplinary hearing;

Provide recommendations to the Commandant of Cadets and/or Assistant

Commandant of Cadets on the disposition of reported offenses; and

6
 Model and uphold the values espoused in these regulations, and ensure
compliance with the same.

Regimental Commander/Company Commander. As leaders in the Corps of Cadets,

Regimental and Company Staff must take personal ownership of the Cadet Conduct
and Discipline System and ensure all cadets within their jurisdiction abide by these
requirements. A Regimental or Company Commander may be required to:

Act as Class I Hearing Authorities as required under this Manual and as assigned
by the Assistant Commandant of Cadets;

Provide character statements attesting to the performance and character of a cadet

during a disciplinary hearing; and

Model and uphold the values espoused in these regulations, and ensure
compliance with the same.

Regimental Conduct Officer. The Conduct Department Head oversees and is

responsible for executing all discipline matters concerning cadets. This individual is
required to work with the Conduct Division Officers in Foxtrot and each company’s
respective Foxtrot Liaison Division Officer to:

Track and ensure timely completion of cadet assigned investigations being

conduct by or about cadets;

Provide resources to investigating officers; and

Support the execution of the Cadet Conduct and Discipline System functions
being undertaken within the corps.

Staff Judge Advocate. The Office of the Staff Judge Advocate provides legal advice
to the Superintendent and staff on matters involving the Cadet Conduct and
Discipline System. The Office of the Staff Judge Advocate may be asked to complete
the following tasks, depending on the circumstances:

Coordinate with civil authorities, legal representatives, and CGIS during the
investigation and adjudication of major offenses;

Provide legal advice and recommendations to the Superintendent and Cadet

Division Staff on matters pertaining to violations of this Manual and/or other
regulations, including the Cadet Regulations; and

Provide legal advice and guidance to Company Officers and the Academic Honor
Officer when they are serving as advisors to cadets conducting investigations into
alleged violations of the Cadet Conduct and Discipline System.

Reporter. Any person reporting a violation of this Manual and the Cadet Regulations
is required to do so honestly and thoroughly, and to provide an investigating officer

7
 with as much pertinent information as possible to assist in the completion of a fair
and thorough investigation.

Cadets. All cadets are required to understand and abide by the requirements of this
Manual and the Cadet Regulations, know the extent of their rights, and to participate
honestly and faithfully.

2. Applicability. The provisions of this Manual apply to all cadets at the CGA, international
cadets, and cadets or midshipmen of other service academies temporarily assigned to the
CGA Corps of Cadets. All faculty, staff, and other participants in the Cadet Conduct and
Discipline System are required to be familiar with, and abide by, the provisions of this
Manual.

3. Overarching Principles of Cadet Conduct and Discipline System.

Self-Incrimination. Cadets retain the right against self-incrimination and may not be
forced to make a statement or answer self-incriminating questions.

Fundamental Fairness and the Rules of Evidence. The Military Rules of Evidence
(MRE) do not apply at CGA administrative hearings. Officials conducting and
overseeing hearings should apply a rule of fundamental fairness; that is, under the
circumstances, is it fair to consider the evidence presented. Any question about
whether to consider specific evidence should be directed to the Office of Staff Judge
Advocate.

Interface with the UCMJ and the civilian criminal system.

Article 2, UCMJ specifies that cadets are subject to the UCMJ and to applicable
state and federal laws. Cadets are also subject to the administrative requirements
outlined in this Manual and the Cadet Regulations.

UCMJ procedures and authority will be utilized under this Manual when required
in the interest of good order and discipline, but only after the specific approval of
the Superintendent. Any administrative action taken pursuant to the Cadet
Conduct and Discipline System does not preclude later trial by courts-martial, in
accordance with the UCMJ.

The Superintendent retains the authority to refer cadets who have been charged
with criminal or civil violations to the appropriate authority (e.g., if a cadet has
been charged for a crime under state law). Adjudication of offenses under the
UCMJ or civilian criminal systems does not preclude administrative actions
permitted under the provisions of this Manual.

It is not considered double jeopardy for a cadet who is subject to prosecution by

civilian authorities also to face administrative sanctions under the Cadet Conduct
and Discipline System. It is not necessary that a civilian legal action be completed
prior to administrative action taking place under the Cadet Conduct and
Discipline System.

8
 Multiple Charges for the Same Incident. A cadet may be charged with multiple
offenses for the same incident (e.g., a cadet could be charged with both Class I
Offense 1232, conduct unbecoming, and Class I Offense 1203, assault, for getting
into a fight with another individual). Although strongly encouraged, there is no
requirement that all charges stemming from a single incident be adjudicated at the
same time.

Sanctions and Consequences. The Hearing Authority has full discretion to award
administrative sanctions and consequences for violations in accordance with this
Manual. After administrative sanctions and consequences are awarded, they shall not
be increased unless additional facts are brought to light that warrant a second
investigation and disciplinary hearing. Consequences that activate as a result of a
cadet reaching an established threshold (e.g., conduct deficiency, etc.) are not
required to be awarded at a hearing.

Statute of Limitations. The statute of limitations for Class I Offenses shall not expire
so long as a cadet remains subject to this Manual. The statute of limitations for Class
II and III Offenses is one (01) year from when the violation occurred; however, this
does not preclude a Class I Hearing Authority from reducing a Class I Offense to a
Class II Offense or awarding additional Class II Offenses at a hearing for offenses
committed greater than one year prior to the hearing. For charges being filed under
the UCMJ or civilian criminal court, the statute of limitations shall align with that of
the offense committed as prescribed by the pertinent authority.

4. Conduct Periods.

Conduct Day. A conduct day will start at 0700 and end at 0700, 24 hours later.

Conduct Week. A conduct week will start at 0700 on Wednesday and will end at
0700 on the subsequent Wednesday.

Conduct Month. A conduct month will start at 0700 on the first day of the month and
end at 0700 on the first day of the subsequent month.

Conduct Term. Conduct terms start and end as follows:

Summer Term. Starts at 0700 on 16 May and ends at 0700 on Monday after the
Corps is required to return from the Summer Training Program.

(a) During the summer term, all Class I Offenses committed by cadets on board
or away from the CGA except for those attached to EAGLE will be referred
for disposition to the Assistant Commandant of Cadets. Class I Offenses
committed by cadets attached to CGC EAGLE may be adjudicated on-board
at the discretion of CGC EAGLE’s Commanding Officer. Cadets are subject
to all UCMJ disposition options, including courts-martial and Article 15,
UCMJ, by Commanding Officers while the cadet is attached to or embarked
with Coast Guard or Department of Defense units. Class II Offenses will be

9
 handled on an individual basis by the Summer Program Coordinators as set
forth in summer OPORDERs. Demerits will be added to the cadet’s summer
term and yearly demerit totals and will be used in determining a summer
conduct grade.

(b) Cadets charged with any conduct offenses may have consequences deferred to
the upcoming academic year.

(c) During Swab Summer, the Cadet Conduct and Discipline System will be
implemented according to the Swab Summer SOP. Swabs are still subject to
the Cadet Conduct and Discipline System during their Swab summer training
program.

Fall Term. Starts at the end of the Summer Conduct Term and ends at 0700 the
day after the last scheduled fall final exam.

Spring Term. Starts at the end of the Fall Conduct Term and ends at 0700 on 16
May.

Conduct Year. A conduct year for 1/c, 2/c, and 3/c cadets starts at the beginning of
the Summer Conduct Term and ends at the end of the Spring Conduct Term. The
Conduct Year for 4/c cadets commences when demerits become effective during the
4/c Summer Program and ends at the end of the Spring Conduct Term.

Demerits awarded for an offense must apply towards the period in which the offense
is adjudicated when determining conduct status.

Pending Class I Offenses must not be included on Cadet Evaluation Reports (CER).
Awarded/adjudicated Class I Offenses must be included on the CER for the period in
which the offenses were adjudicated.

5. Conduct Status.

Maximum Accumulation of Demerits. Cadets who exceed their maximum

accumulation of demerits will normally be disenrolled.

The maximum accumulation of demerits allowed to any cadet during the Conduct
Year is as follows:

(a) 1/c cadet 150 demerits

(b) 2/c cadet 200 demerits

(c) 3/c cadet 250 demerits

(d) 4/c cadet 300 demerits

10
 The maximum accumulation of demerits allowed to an extended cadet who is
scheduled to graduate at the end of the fall semester is 75 demerits. If the cadet is
extended through the following spring semester, the maximum accumulation of
demerits allowed during the Conduct Year is 150 demerits.

Conduct Warning. A cadet will be placed in Conduct Warning status when that cadet:

A cadet will be placed in Conduct Warning status when that cadet:

(a) Receives more than of 50% of the maximum allowable demerits for the
Conduct Year; or

(b) Violates two to five (2-5) Class I Offenses during a cadet’s cadet career.

Company Officer/Chief will issue a memo to document the Conduct Warning,

which will be placed in the cadet record.

Conduct Probation.

A cadet will be placed on Conduct Probation when that cadet receives more than
75% of the maximum allowable demerits for the Conduct Year.

The Cadet must have a Suitability for Service Hearing with the Assistant
Commandant of Cadets within 30 days of being placed on Conduct Probation
Status, unless Conduct Probation was achieve via a Class I Hearing.

Company Officer/Chief will document Conduct Probation via memo, which will
be placed in the cadet record.

In all cases, Conduct Probation includes:

(a) Removal from any position of responsibility held.

(b) In addition to sanctions awarded due to Class I, Class II or Class III Offenses,
twenty (20) hours of a combination of Work Hours and/or Extra Military
Instruction (EMI), completed as outlined in the Conduct Probation memo, in
addition to sanctions previously awarded.

Conduct Deficiency.

A cadet will be placed in Conduct Deficiency Status when that cadet:

(a) Exceeds the maximum allowable demerits for the Conduct Year;

(b) Is found in violation of more than six Class I Offenses (as a result of any
number of Class I investigations) during the cadet’s career; or

11
 (c) Is found to have violated a Class I Offense while on Suitability for Service
Probation.

If the cadet has not already been recommended for disenrollment, the cadet must
be scheduled for a Suitability for Service Hearing with the Assistant Commandant
of Cadets within 30 days of being placed on a Conduct Deficiency Status and will
be recommended for disenrollment by the Commandant of Cadets.

In the event that a cadet in Conduct Deficiency Status is retained, the terms of the
Conduct Deficiency must include, at a minimum:

(a) Removal from any position of responsibility held;

(b) After restriction ends, reduction of liberty privileges to 1200-1800 on

Saturdays and 0730-1300 on Sundays for a period of time (minimum of one
year), the remainder of cadet time until graduation, or the length of Suitability
for Service probation, as detailed on the Conduct Deficiency memo;

(c) Marching tours for every five demerits received in excess of the maximum
limit;

(d) In addition to sanctions awarded due to Class I, Class II or Class III Offenses,
twenty (20) hours of a combination of Work Hours and/or Extra Military
Instruction (EMI), completed as outlined in the Conduct Deficiency memo, in
addition to sanctions previously awarded, for each Class I Offense in excess
of six (06);

A Suitability for Service Board comprised of the Commandant of Cadets, the

Assistant Commandant of Cadets, and the cadet’s Company Officer/Chief will
review the cadet’s performance at the conclusion of the six-month Conduct
Deficiency period; and

Company Officer/Chief will issue a memo to document, which will be placed in

cadet record.

C. Offenses.

1. Types of Offenses.

Class I Offenses. Class I Offenses represent serious infractions of the Cadet Conduct
and Discipline System that warrant disciplinary action and/or may reflect a character
flaw that renders the offending cadet unsuitable for continued service as a cadet. In
general, all Class I Offenses must be adjudicated at a Class I Hearing unless the cadet
explicitly waives their right to such hearing.

Class II Offenses. Class II Offenses represent infractions that warrant discipline and
remediation, but are not so serious as to warrant an administrative hearing for
individual offenses and, standing alone, normally do not call into question a cadet’s

12
 suitability for service. In general, the imposition of Class II Offenses does not require
a hearing.

Class III Offenses. Class III Offenses represent minor infractions that warrant
documentation and remediation. In general, the imposition of Class III Offenses does
not require a hearing.

Attempts to Commit an Offense.

An attempt is an act done with the intent to commit a conduct offense.

Attempts should be charged as the intended offense. The maximum sanctions are
the same as those which would be warranted by the intended offense were it
successful.

2. Class I Offenses.

Figure 1: Class I Offenses

CODE DESCRIPTION OF OFFENSE

1101 Absence: unauthorized from the CGA, ship, or duty station

1215 Abuse of authority

1201 Aiding, abetting, or condoning violation of Cadet Regulation of a Class I nature

1204 Arrest, confinement, restriction: breach of

1401 Asleep on watch or duty

1203 Assault

1238 Bullying

1205 Business: for personal gain or profit

13
1235 Class I Offense: failure to report

Clothing, civilian: wearing at unauthorized time/place (for Cadets without

1801
civilian clothes privileges)

1206 Combat: personal

1236 Computer System Abuse: gross violation of the Acceptable Use Policy

1208 Conduct: prejudicial to good order and discipline

1232 Conduct: unbecoming Cadet

Debt: contracting of without permission (including bad checks, second and

1211
subsequent offenses within one year)

1216 Devotion to Duty: lack of, failure of

1230 Discrimination

1212 Door: closed or locked involving other misconduct

1402 Duty: grave neglect of

Financial Irresponsibility: failure to balance financial responsibilities (i.e.

1010 Inability to complete required issue, indebtedness, or demonstrated habit of
improper financial).

1213 Firearms, fireworks, ammunition, or weapon: unauthorized possession

1214 Fraternizing involving serious breach of discipline

1229 Gambling

14
1239 Harassment

1240 Hate Incident: participation in

1241 Hazing: participation in

1501 Honor: Unauthorized giving of assistance

1502 Honor: Cheating: Plagiarism

1503 Honor: Cheating

1509 Honor: Conspiracy to Commit an Offense

1504 Honor: Deceit, attempt to deceive

1505 Honor: False certification: of an official document

1507 Honor: False report: intentional

1506 Honor: Falsehood

1508 Honor: Theft, attempted theft

1217 Insubordination: with serious disrespect to senior

Intoxicants, narcotics, drugs: unauthorized possession, use, abuse; including

1218
alcohol

1233 Judgment: failure to use good

15
1219 Keys: unauthorized possession of CGA keys

1601 Late: returning from leave or liberty over 2 hours as result of misconduct

1221 Motor vehicles: unauthorized use, ownership, possession

1222 Orders: refusal to obey, disobedience, breech of discipline

1223 Property, Government/Public/Private: losing, damaging, endangering

1237 Relationship: inappropriate or improper, involving a serious breach of discipline

1220 Respect: lack of, failure of

1242 Retaliation or Reprisal

1224 Rifle/Bayonet: maltreatment, loss, misuse, failure to show due care for

1225 Room entry: without authority, permission of occupant

1234 Sexual Harassment

1231 Sexual Misconduct

1226 Slander or libel

1701 Taproom, bar or lounge: unauthorized visiting of

1227 Testimony: refusing to give at inquiry

16
1228 Unauthorized disclosure of classified, official information

1243 Restriction: gross violation of; breach of discipline

1244 Privilege: assumption of unearned

17
 3. Class II Offenses.

Figure 2: Class II Offenses

# DAYS MARCH WORK
CODE DESCRIPTION OF OFFENSE
DEM ADMIN TOURS HRS

Absence: unauthorized from

2101 15 7 1 2
lecture/meeting/class/restricted Cadet formation

2102 Absence: unauthorized from medical appointment 15 7 1 2

2103 Absence: unauthorized from room/barracks 15 7 1 2

2105 Absence: from review/march-on 30 14 2 4

Aiding, abetting, condoning a violation of Cadet

2401 15 7 1 2
Regulations of other than a Class I nature

2203 Cadet Regs: flagrant violation of 30 14 2 4

2405 Check: bouncing (1st offense) 30 14 2 4

Civilian clothing: wearing inappropriate; wearing

2809 at unauthorized time/place (for Cadets with 30 14 2 4
civilian clothes privileges)

2801 Civilian clothing: unauthorized in room 30 14 2 4

Class III demerits: three (03) or more Class III

2202 0 14 1 2
Offenses in six (06) months

2501 Computer software copyright: violation of 30 14 2 4

2502 Computer systems: unauthorized use or access 30 14 2 4

Computer Systems: violation of Acceptable Use

2503 30 14 2 4
Policy

18
2204 Conduct: unbecoming a Cadet 30 14 2 4

2207 Dance: failure to attend scheduled Cadet formal 30 14 2 4

2209 Disturbance: participating in 30 14 2 4

2015 Display of affection: breach of discipline 30 14 2 4

2114 Door: gross violation of open/closed door policy 30 14 2 4

Duty or assignment: inattention, neglect, shirking,

2402 30 14 2 4
improper performance of

Electrical appliances: unauthorized possession or

2210 15 7 1 2
use

Entering/leaving CGA: other than through an

2211 30 14 2 4
authorized gate

2404 Presence: Failure to set a good example 30 14 2 4

Extracurricular activities: failure to meet

2212 30 14 2 4
obligation

Financial Irresponsibility: failure to

complete/accept issue during allotted time period
2406 30 14 2 4
(other than 1st offense) due to insufficient funds
and/or poor financial planning.

2901 Failure to demonstrate proper leadership 30 14 2 4

2805 Grooming: gross violation of standards 30 14 2 4

2500 Inattention: at drill/exam/class 30 14 2 4

2403 Judgment: failure to use good 15 7 1 2

19
2234 Judgment: failure to use good; breach of discipline 30 14 2 4

Keys: other than master, unauthorized possession

2214 30 14 2 4
of

Liberty or leave: late returning from (up to 2

2602 30 14 2 4
hours)

2601 Liberty: not complying with regs 15 7 1 2

2217 Negligence: failure to heed counseling 15 7 1 2

2215 Obscene/vulgar conduct, language or writing 30 14 2 4

Orders: slow or failure to obey, involving a breach

2216 30 14 2 4
of discipline

Property, Public/Government/Private: injuring,

2218 30 14 2 4
misuse, losing, endangering (including I.D. cards)

2206 Relationship: inappropriate or improper 30 14 2 4

2220 Restriction: violation of 30 14 2 4

Tobacco and/or electronic smoking devices: use

2221 30 14 2 4
onboard CGA grounds

2806 Uniform: wearing dilapidated, mutilated articles 15 7 1 2

Uniform: unauthorized exchange, sale, or

2808 30 14 2 4
alteration

2811 Unsafe practice: engaging in 30 14 2 4

Visitor: allowing in barracks during unauthorized

2201 30 14 2 4
period

2603 Laterack, asleep: unauthorized time and/or place 15 7 1 2

20
 4. Class III Offenses.

Figure 3: Class III Offenses

CODE # DEM DESCRIPTION OF OFFENSE

3101 8 Absence: unauthorized

3102 8 Absence: unauthorized from formation

3231 10 Affection: inappropriate/public displays, minor

3701 1 Article: adrift in room or improperly stowed (each particular)

3703 2 Article: adrift outside of room (each particular)

3704 1 Article: improperly or not marked

3705 8 Article: unauthorized in room or on person

3713 5 Asleep, in places other than assigned Cadet room, authorized time

3201 3 Attention: not standing at when required

3203 8 Authority: unwarranted assumption of

3710 10 Cash or Mailbox: leaving unlocked

3207 8 Conduct: unmilitary or unseamanlike

Dance, Formal: failure to observe proper etiquette, including late arrival,

3209 8
failure to go through receiving line, early departure

21
3213 8 Departure: unauthorized from Wardroom

3711 8 Discrepancy, materiel: failure to report

3215 8 Disturbance: creating or participating in

3712 8 Door: closed at unauthorized time

3401 8 Duty: inattention, neglect, slow or careless to perform

3216 8 Entry, initials, signature: making incomplete entry on official documents

3217 5 Examination: negligence in regard to regulations

3103 8 Failure to complete/accept issue during allotted time period

3901 8 Failure to demonstrate proper leadership

3239 8 Familiarity: presumptuous attitude towards senior

3219 8 Food: in room, not in authorized container

3220 8 Food: ordering, accepting delivery at unauthorized time

Food: taken from/into Wardroom without authority, having in room

3218 8
without permission

3221 5 Frivolous statement or request

3222 3 Grass: unauthorized walking on or use of parade ground

22
3223 8 Gum: chewing while in uniform

3801 5 Hair: not cut or improperly cut

3850 3 Indoc: failure to know

3225 5 Late: for class, lecture, meeting

3226 5 Late: for formation or drill

3601 8 Liberty: failure to sign out or in properly

3602 8 Liberty, Leave: failure to check out with proper authority

Liberty, Leave: late returning less than 30 minutes (1 demerit for every 2
3603 1
minutes or fraction thereof)

3715 3 Lights: on in room, occupants absent

3228 5 Loitering: on grounds, Quarter deck, OOD Office

3879 8 Loss, destruction of Government property of a minor nature

3229 8 Mail, package: unauthorized handling

3252 5 Medical: violation of medical status

3231 8 Mess attendant: inappropriate request or addressing

3232 2 Minor matters, not in Regulations: neglect/inattention to

23
3233 5 Official papers: negligent handling

3235 5 Orders: slow/failure to obey, minor breach

3237 8 Persons: on grounds/in barracks at unauthorized times

3707 3 Rack: not made up properly

3709 5 Rack: lying on at time prohibited

3718 5 Radio, Stereo: turned on at unauthorized time; playing too loudly

3720 3 Radio, Stereo: on, occupants absent

3240 5 Ranks: falling in or out without permission

3244 5 Regulations, directives: failure to be familiar with

3246 5 Rifle: dropping, handling in improper manner

3248 5 Rifle: rusty or dirty

3249 2 Rifle: sling tight when stowed

3721 1 Room: not prepared for inspection (each particular)

3722 1 Room: not clean (each particular)

3723 8 Room or locker: in general disorder (3 or more particulars)

24
3250 5 Salute: failure/improper rendering

3251 5 Section: failure to march in

3804 3 Shaven: not clean

3214 5 Sports, unauthorized, or horseplay: engaging in while within Chase Hall

3254 5 Study hour, quiet hour: not properly observing

3255 8 Swearing or profanity

3871 5 Uniform: not maintaining proper fit

3877 2 Uniform: not maintaining complete sea bag (each particular)

3872 5 Uniform: mutilated/dilapidated article in room

3874 5 Uniform: improper/out of uniform of day

3810 5 Unmilitary: uniform appearance

3256 5 Unmilitary: bearing

3876 1 Untidiness in dress (each particular)

3706 5 Valuables: adrift

3257 8 Vehicles: unauthorized use or improper operation

25
 3726 3 Window: open or breaking A/C boundary

3910 Summer Restriction Code

3900 Summer Work Hour Code

4000 CGA Chiefs’ Council

***Note: In addition to the allotted demerits for a Class III Offense, one marching tour may be
assigned in REGIS to the offense. (e.g. 2/c Gooblatz is given Class III Offense 3256: Unmilitary:
bearing, 5 demerits and one marching tour is assigned in REGIS).***

D. Reporting a Violation of the Cadet Conduct and Discipline System.

1. General.

All members of the faculty, staff, and Corps of Cadets, are authorized and encouraged
to use the Cadet Conduct and Discipline System to report violations of the
regulations, and to identify and document substandard cadet performance. Regardless
of how one chooses to handle the situation, notification of the cadet’s Company
Officer is of the utmost importance so that a fair and accurate assessment of cadet
performance may be made.

Duty to Report. All cadets have a military duty to report Class I Offenses that
they observe or of which they have knowledge. Failure to do so may result in
disciplinary action. Cadets are under no obligation to self-report, nor will they be
ordered to self-report.

2. Class II and III Offenses and Reporting in REGIS.

Cadets are not entitled to a hearing to adjudicate a Class II or III Offenses.

Entitlement to a hearing does not include cadets being recommended for
disenrollment as a result of accumulation of too many demerits unless awarded at a
Class I Hearing for cadets who are being recommended for disenrollment.

All CGA faculty, staff, and 1/c cadets may enter Class II and III Offenses into REGIS
for all cadets. 2/c cadets may do so only for 3/c and 4/c cadets. Company Officers and
Chiefs are responsible for adjudicating Class II and III Offenses in REGIS.

Class II and III Offenses will be adjudicated without a hearing by reporting and
entering the offense into the REGIS Conduct Module. If possible, the accused should

26
 be counseled on the spot. If not, the accused must be counseled at the next possible
opportunity.

The accused’s Company Officer or the Assistant Commandant of Cadets may act
further on a report of a Class II Offense, if the circumstances warrant further action.

Entering REGIS Comments.

The use of the Regimental Information System (REGIS) as a vehicle to document

cadet performance is widely utilized by CGA faculty, staff, and 1/c cadets. To
create a climate of trust and professional development, CGA faculty, staff, 1/c
cadets, and 2/c cadets for 3/c and 4/c cadets, are highly encouraged to document
interactions with their subordinates or advisees as per the following guidelines:

(a) Prior to entering any comments in REGIS, the user must engage and counsel
the cadet, if necessary, regarding the reason for entering the comment,
whether it be to praise the cadet, record a general comment, or address a
deficiency in the cadet’s performance.

3. Class I Offense Charge Sheet (CGACAD-19).

Class I Offenses should be reported using a Class I Offense Charge Sheet

(CGACAD-19) found on the Foxtrot Portal website. All CGA faculty, staff, and 1/c
cadets may submit CGACAD-19 to the Regimental Conduct Officer for all cadets.
2/c, 3/c, and 4/c cadets must report Class I Offenses to any Company Officer,
Company Chief, or a 1/c cadet. The CGACAD-19 shall include such details of the
offense as are known at the time as well as the proposed violations of this Manual
(e.g., 1503, etc.).

In addition to completing the CGACAD-19, the individual reporting the offense must
inform the Regimental Conduct Officer of the following information: name, class,
and cadet code of the accused; date of violation; and violation code. The Regimental
Conduct Officer will track the date investigation assigned; name of investigating
officer; date investigation due; and any other pertinent information as necessary.

4. Other Avenues for Reporting Offenses.

Sexual Assault. In addition to the means of reporting outlined in this Manual,

allegations of sexual assault shall be made pursuant to Chapter 4 of the Sexual
Assault Prevention and Response (SAPR) Program, COMDTINST M1754.10
(series). Primary resources for cadets to report sexual assault in order to retain all
reporting options are the Sexual Assault Response Coordinator (SARC) and the
Victim Advocate Program Specialist (VAPS).

Anti-Harassment/Hate Incident (AHHI) Reporting. Reports of incidents of

harassment, sexual harassment, bullying, and hazing shall be made in accordance
with Chapter 3 of the U.S. Coast Guard Civil Rights Manual, COMDTINST M5350.4
(series), and CGA Notifications to Civil Rights Service Provider and Administrative

27
 Investigator Selection and Training, SUPTINST 5830.3E. Primary resources for
cadets to report these incidents are any Company Officer or Company Chief.

Military Equal Employment Opportunity (MEO) Complaints. MEO/EEO Complaints

shall be made pursuant with Chapter 5 the U.S. Coast Guard Civil Rights Manual,
COMDTINST M5350.4 (series). A primary resource for cadets to pursue this option
is the local Civil Rights Service Provider (CRSP).

5. Changes in Delinquency Reports.

Once a charge sheet is submitted, only the Commissioned Conduct Officer, Assistant
Commandant of Cadets, or the Commandant of Cadets may change the offense or the
number of demerits awarded.

The Regimental Conduct Officer is responsible for notifying the reporter and the
cadet of any changes to a reported offense.

When a cadet has been placed on report, the offense or number of demerits awarded
will not be changed without the authorization of the Commissioned Conduct Officer,
Assistant Commandant of Cadets, or the Commandant of Cadets.

E. Investigating Reported Offenses.

1. Policy. This section is intended to supplement the investigatory guidance provided in the
Administrative Investigations Manual, COMDTINST M5830.1 (series). All Investigating
Officers shall familiarize themselves with the pertinent chapters of that manual
immediately upon assignment as an investigating officer. Where the guidance differs in
form or substance, this Manual will take precedence to account for the unique nature of
the Cadet Conduct and Discipline System. A sample investigation can be found on the
Foxtrot Portal website.

All reports of a suspected Class I Offense must be investigated unless dismissed by

the Commissioned Conduct Officer in consultation with the Assistant Commandant
of Cadets. Class II and Class III Offenses do not require an investigation in order to
be adjudicated unless specifically ordered by a Company Officer or a higher
authority.

If the alleged offense appears to be criminal in nature (i.e. a violation of the UCMJ,
Federal, State, or local laws), the Staff Judge Advocate must be notified immediately.
No administrative investigation or adjudication under this instruction shall proceed in
such cases until authorized by the Commandant of Cadets or Assistant Commandant
of Cadets in consultation with the Staff Judge Advocate.

The investigation and adjudication process will normally be completed before any
voluntary resignations are accepted.

2. Responsibilities.

28
Investigating Officer (IO). The primary duties of a IO are:

To ascertain and consider the evidence on all sides of an alleged violation of this
Manual;

To ensure the rights of witnesses and accused cadets are respected;

To make thorough and impartial findings of fact;

To offer opinions and recommendations based on and supported by the facts; and

To comply with the instructions of the Convening Authority and the

Commissioned Conduct Officer.

Commissioned Conduct Officer. The Commissioned Conduct Officers will serve as

an advisor to cadets assigned as IOs or will assign a Company Officer or Chief to do
so. The advisor shall:

Provide resources and mentoring to IO’s as they proceed with the investigation;
and

Ensure investigations are conducted fairly, completely, timely, and consistent

with the policies contained in this Manual.

Academic Honor Officer. The Academic Honor Officer will be assigned to serve as
an advisor to cadets assigned as IOs in cases involving academic honor offenses. The
assigned Academic Honor Officer shall:

Advise the Cadet Honor Board during proceedings;

Make recommendations to the Class I Hearing Authority in matters concerning

the Academic Honor Policy;

Provide resources and mentoring to IO’s as they proceed with investigations

involving academic honor offenses; and

Ensure investigations into academic honor offenses are conducted fairly,

completely, and consistent with the policies contained in this Manual.

Witnesses. The duties of witnesses participating in a conduct investigation are as

follows:

A cadet must not communicate in any manner (verbal, written, or other)

concerning any ongoing investigation with any person involved in the incident(s)
being investigated unless authorized to do so by the Commissioned Conduct
Officer;

29
 Witnesses are bound by the Honor Concept to answer all questions promptly,
honestly, and to the fullest extent of their knowledge including disclosing the
information about the misconduct of other cadets;

Witnesses may remain silent when their testimony would reveal an offense
involving themselves not previously suspected; and

An answer may not be refused if the cadet has already been punished or
exonerated for their part in a suspected offense unless UCMJ action is
contemplated.

3. Procedures.

Assignment of Investigation Officer. The Convening Authority or their designee will

assign an IO in writing using the Precept to the IO and the Report of Class I Offense,
Disposition, Recommendations, and Action (CGACAD-19). IOs are normally 1/c
cadets.

In considering whom to assign as IO, the Convening Authority shall consider the
following:

(a) Ability of the individual to complete the investigation impartially and

completely;

(b) Ability of the individual to complete the investigation in a timely manner;

(c) Capacity of the individual to make sound recommendations and exercise

maturity in judgement;

(d) Whether the cadet has completed the Criminal Justice academic coursework
or equivalent;

(e) Frequency in which eligible IOs have been assigned other investigations and
the overall workload of cadet conduct issues on individuals being considered;
and

(f) If a 1/c cadet is suspected of committing a Class I Offense, the investigation

may be assigned to a CGA staff or faculty member.

The “Precept” for the IO found on Foxtrot Portal page is a document used to
notify an IO of their assignment and duties, as well as provide guidance on the
execution of a proper investigation. IOs are required to sign the Precept, and
include it in the final investigation package.

The Report of Class I Offense, Disposition, Recommendations, and Action

(CGACAD-19) on the Foxtrot Portal page, is a form that must be generated upon
report of an offense and is used to document the progress of the reported
misconduct through the Cadet Conduct and Discipline System. This form will be

30
 delivered to the IO with the Precept for the IO’s use in completing the
investigation.

Administrative Matters.

Investigation Log. Once assigned, the IO should immediately begin a log showing
date, time, and brief description of all actions taken in connection with the
investigation, including any delay(s) and reasons for the delay(s).

Investigation Plan. The IO should also create an investigation plan that

demonstrates an understanding of the facts required to reach a conclusion as to
each offense charged and a list of initial witnesses in the order in which they will
be interviewed. The Investigation Officer Check-list found on the Foxtrot Portal
page is a helpful tool in creating an actionable and efficient plan. It is highly
encouraged for IOs to review their investigation plan with the Commissioned
Conduct Officer, Regimental Conduct Officer, or Regimental Investigations
Officer, as appropriate. For additional details on creating the investigation plan,
the IO should reference Chapter 4 of the Administrative Investigations Manual,
COMDTINST M5830.1 (series).

Required Forms. All IO packages should include the following forms found on
the Foxtrot Portal website:

(a) Report of Class I Offense, Disposition, Recommendations, and Action

(CGACAD-19);

(b) Precept for the IO;

(c) Accused Rights and Acknowledgment (CGACAD-114);

(d) Completed IO Checklist; and

(e) Completed Investigation Memorandum/Report.

Investigations of International Cadets. If an international cadet, for whom English

is not their first language, is charged with a Class I Offense, the international
cadet may request a language translator through the Commissioned Conduct
Officer. The Commissioned Conduct Officer will work with the Office of
Inclusion and Diversity to secure that resource for the cadet if requested and
reasonably available.

Routing Completed Investigations. Once the investigation is complete, it must be

forwarded via the chain of command to the Assistant Commandant of Cadets
through the following routing chain:

(a) For investigations involving one or more cadets from single company:

To: Assistant Commandant of Cadets (staff symbol is “cc”)

31
 Thru: (1) Regimental Conduct Officer
(2) Company Commander
(3) Company Officer
(4) Regimental Commander
(5) Commissioned Conduct Officer (staff symbol is “ccf”)

(b) For investigations involving one or more cadets from multiple companies, the
Company Commander and Company Officer need to be included for all
companies involved:

To: Assistant Commandant of Cadets (staff symbol is “cc”)

Thru: (1) Regimental Conduct Officer
(2) Company Commander
(3) Company Officer
(4) Next Company Commander
(5) Next Company Officer
(6) Regimental Commander
(7) Commissioned Conduct Officer (ccf)

(c) For Honor investigations involving one or more cadets from multiple
companies, the Regimental Honor Officer and Commissioned Honor Officer
need to be included. If the Honor investigation is related to an Academic
Honor offense, the Academic Honor Officer and Vice Provost of Academic
Affairs need to be included:

To: Assistant Commandant of Cadets (staff symbol is “cc”)

Thru: (1) Regimental Conduct Officer
(2) Company Commander
(3) Company Officer
(4) Next Company Commander
(5) Next Company Officer
(6) Regimental Commander
(7) Regimental Honor Officer
(8) Commissioned Honor Officer
(9) Academic Honor Officer
(10) Commissioned Conduct Officer (staff symbol is “ccf”)
(11) Vice Provost of Academic Affairs (staff symbol is “pa”)

32
Distribution and Storage of Completed Investigations. The Regimental Investigations
Division Officer in Foxtrot Company will assist the Regimental Conduct Officer in
the distribution and processing of all investigations. Once the Commissioned
Conduct Officer receives the signed investigation from the Assistant Commandant of
Cadets, the Regimental Investigations Division Officer will make one copy of the
investigation and deliver it to the Regimental Conduct Officer for safekeeping. All
documents related to investigations completed pursuant to this Manual will be stored
and destroyed in accordance with COMDTINST 5212.12 (series) following
adjudication and disposition (e.g., SSIC 1531).

Gathering Witness Testimony and Other Evidence.

Documentary and Physical Evidence. Documentary and physical evidence such as

applicable regulations, existing witness statements, accident or police reports, and
photographs should be collected as early in the investigation as possible to
provide a foundation upon which future investigation can be built.

(a) If the IO foresees the need to acquire medical records or information of any
kind, they should consult with the Commissioned Conduct Officer
immediately to ascertain whether the Convening Authority authorizes this
requisition.

(b) IO’s should visit the site of the incident or event under investigation, if
applicable and practicable.

Witness Testimony. In-person interviews are the preferred means to obtain

witness testimony because witnesses frequently provide more information in
verbal interviews than is in the written statements. IO’s must prepare a written
summary of a witness interview and attach it as an evidentiary enclosure to their
report. Additionally, IO’s may require signed, written statements from witnesses,
except the subject of the investigation, documenting their knowledge of a
particular incident. The Administrative Investigations Manual, COMDTINST
5830.1 (series) provides helpful recommendations for scheduling and conducting
effective witness interviews.

(a) If, during the course of a witness interview, the IO suspects the witness has
committed an offense under this Manual, the IO should cease the interview
and consult the Commissioned Conduct Officer.

Notification of the Accused.

Notification of Delinquency. For Class II and III Offenses, the accused should be
notified of their delinquency as soon as practicable. Due to the sensitive nature of
investigations, notifying a cadet suspected of a Class I Offense may occur later in
the process. Recommendations for notifying the accused are provided on Foxtrot
Portal page.

33
 Issuance of Rights Advisement. When interviewing cadets suspected of a
violation of this Manual, the IO shall read the Accused Rights and
Acknowledgement (CGACAD-114) form in its entirety, and obtain the accused
informed consent via signature.

4. Preparing the Investigation Report. After reviewing the accumulated evidence and
forming a thorough understanding of the event under investigation, the IO must prepare
an Investigative Report outlining their findings and providing a recommendation to the
Convening Authority. IOs must take utmost care while preparing this report, and ensure
the evidence adequately supports all claims.

Required Fields in an Investigation Report. All Investigation Reports must contain the
following fields:

Statement of Facts. The statement of facts is the IO’s summary of the event or
incident under investigation, as well as the pertinent regulations. Facts should be
presented in a comprehensible fashion and clearly articulate who was involved
and to what extent, where the incident took place, what happened, and how the
incident came about. Every fact must reference an evidentiary enclosure to ensure
unsupported propositions do not disguise as facts and skew the Convening
Authority’s perception of the event.

Opinion. Opinions are clear, concise statements that illustrate the IO’s judgement
about whether the facts support a particular conclusion, usually a finding of
wrongdoing or no wrongdoing in the conduct context. The IO’s opinion on the
reliability and/or truthfulness of involved members is also valuable. Again,
opinions must reference findings of facts to demonstrate support within the
factual record.

Recommendations. Having described the facts and provided opinions on whether

the facts support a certain conclusion, the IO will use the Recommendations
section to recommend a particular action to the Convening Authority. These
should flow logically from the factual record and opinion statements and must cite
opinions and/or facts that justify a particular recommendation.

F. Adjudicative Hearings.

1. Class I Offense Hearing.

Authority.

The following positions carry the authority to preside at Class I Hearings,

determine if the offense was committed or not, and prescribe remedial and
disciplinary sanctions (the Class I Hearing Authority):

(a) Superintendent;

(b) Assistant Superintendent;

34
 (c) Commandant of Cadets;

(d) Commanding Officer of EAGLE;

(e) Assistant Commandant of Cadets;

(f) Chief of Cadet Training Branch;

(g) At the discretion of the Assistant Commandant of Cadets, to the Regimental

Officer, Company Officers, Regimental Commander, and Company
Commanders.

Only the Superintendent, Assistant Superintendent, Commandant of Cadets,

Assistant Commandant of Cadets, or Commanding Officer of EAGLE will
preside over a Class I Hearing at which the accused is a 1/c cadet.

Pre-Hearing Procedures. After reviewing the investigation, the Commandant of

Cadets or Assistant Commandant of Cadets will determine which, if any, Class I
Offense(s) will be charged and adjudicated at a Class I Hearing. This
recommendation is made via the CGACAD-19. The Commandant of Cadets or
Assistant Commandant of Cadets has the final authority to decide which offense(s), if
any, will be adjudicated at a Class I Hearing. The charges ultimately sent to be
adjudicated at a Class I Hearing may be any charges supported by the facts contained
in the investigation and may differ from the recommendations of the IO. In cases
where a Class I Hearing is directed, the following pre-hearing procedures must be
performed:

The Accused must be notified of a Class I Hearing in writing. Such notification

shall include the specific offense(s) that the Accused is charged with committing
and brief description of the offense(s) in plain language. Notification of the
offenses can be accomplished via e-mail or written notification from the
Commissioned Conduct Officer. A sample of the notification can be found on the
Foxtrot Portal page.

The Accused, with their chosen Class I Hearing Representative, must be provided
adequate opportunity, usually five days, to review the IO Report and any other
pertinent evidence that will be relied upon by the Class I Hearing Authority
during the proceeding. This opportunity will be documented on the CGACAD-19,
a copy of which can be found on the Foxtrot Portal page. Any requests for
additional time to review the investigation shall be made in writing directly to the
Commissioned Conduct Officer with justification for the request.

The accused cadet must elect whether they will contest the charges at the Class I
Hearing or admit to the charges at the conclusion of the five day review period.
This election is made via the Accused Acknowledgment of Review form. Every
cadet has the right to contest the charges, whether they were committed or not.
Not admitting to the offenses charged when one did in fact commit the offense is

35
 not an honor violation. Cadets shall never be pressured to admit an offense. If a
cadet fails to make a decision about whether to admit, it shall be treated as a
desire to contest the charges. An accused cadet may change his or her decision to
admit to charges at any time prior to the Class I Hearing Authority determining
that an offense has been committed at the Class I Hearing. If a cadet contests
some charges and admits to others, the Class I Hearing Authority will consider
only that evidence relevant to the charges that are being contested by the cadet.

By admitting to charges, a cadet acknowledges that the offense was culpably

committed as alleged, and that the cadet is liable for any sanctions and/or
consequences deemed appropriate by the Class I Hearing Authority.

Offenses Involving Two or More Cadets.

Offenses involving two (02) or more cadets may be investigated as a single case
and adjudicated at a single Class I Hearing if doing so would be in the best
interest of good order and discipline as determined by the Commandant of Cadets
or Assistant Commandant of Cadets.

If disposing of a case involving multiple cadets, a CGACAD-19 must be

completed for each accused cadet.

Rights of Accused Prior to and During a Class I Hearing. Cadets have the following
rights:

The right to be present at the entire hearing or hearings;

The right to inspect evidence. The Commissioned Conduct Officer will ensure
that the accused cadet has five days to review documents and other evidence that
will be considered by the Class I Hearing Authority prior to the Class I Hearing. If
permitting examination will compromise an interest such as a victim’s or
witness’s privacy, or an ongoing law enforcement investigation, the documents
may be redacted or limitations may be placed on examination or disclosure of
documents to protect such interests. Evidence not considered in the adjudication
of the charged offense(s) will not be made available for examination. Neither the
accused cadet nor their Hearing Representative is entitled to make, or retain
copies of investigations, witness statements, or other documents provided for
examination. However, if such evidence will be considered at the Class I Hearing,
the accused cadet will have access to that evidence at the hearing. If the Class I
Offense originates from a non-cadet investigation (e.g., CGIS or command
administrative investigation), the SJA should be consulted prior to examination of
any investigation report.

The right to testify or remain silent. No adverse inference will be drawn from a
cadet’s decision to remain silent. Remaining silent will not prevent the accused
cadet from questioning or cross-examining witnesses. If a cadet chooses to make
a statement during the hearing concerning a particular offense, the cadet is

36
 expected to answer all questions the Class I Hearing Authority may have
concerning that offense. If the cadet fails to do so by later invoking their right to
remain silent, the Class I Hearing Authority, at their discretion, may disregard any
or all prior statements made by the cadet at the hearing relative to the offense(s).

The right to cross-examine all witnesses testifying.

The right to present witnesses reasonably available and evidence in defense,

mitigation, and extenuation.

The right to make statements, including a closing statement, on their behalf.

The right to a Hearing Representative. An accused cadet’s Hearing Representative

can be any active duty, non-attorney member of the Coast Guard, requested by the
accused cadet and agreed to by the active duty member being requested.
However, the CGA will not pay for travel expenses for any Hearing
Representative attending a Class I Hearing. The Hearing Representative will not
be placed on orders to attend. In most cases, the Hearing Representative will be an
available 1/c cadet.

(a) Class I Hearings are non-criminal, not adversarial, and investigatory in nature.
As such, cadets are prohibited from being represented by counsel (an attorney
or Judge Advocate) at a Class I Hearing. Cadets are always permitted to retain
private counsel at their own expense, but the retained counsel is not allowed to
advocate on behalf of the accused cadet at the Class I Hearing. Private
counsel may attend Class I Hearings as a member of the audience, but will not
be allowed to address the Class I Hearing Authority or witnesses. However,
the Class I Hearing Authority may, at their discretion, pause the Class I
Hearing to allow the accused cadet to consult with the private counsel.

Hearing Procedures.

All Class I Hearings should follow the Class I Hearing Script, but deviations are
permitted depending on the circumstances at the discretion of the Class I Hearing
Authority. A template of the Class I Hearing Script can be found on the Foxtrot
Portal Page.

Class I Hearings are intended to be investigative and non-adversarial. As such, the

Class I Hearing Authority need not necessarily call witnesses to establish the facts
and circumstances regarding offenses unless witnesses are requested by the
accused cadet, have relevant testimony to provide, and are reasonably available.
Regardless of witness inputs, the Class I Hearing Authority may rely solely upon
documentary evidence, including any investigation report, and statements
provided to the IO to find a cadet committed the offense(s) charged. If only
documentary evidence is used, the accused cadet is permitted to contest the
evidence, including, in the case of a witness statement provided during an

37
 investigation being used as evidence, calling the individual who made the
statement as a witness at the Class I Hearing.

Each Class I Hearing Authority will base their findings solely on personal
observations and verbal and documentary evidence given or introduced at a
hearing or hearings. Imposition of sanctions and consequences (if any) will be
based on the above and will also consider the cadet’s full record and any
extenuating or mitigating circumstances.

The standard of proof at a Class I hearing is preponderance of the evidence (i.e.,

more likely than not).

Following the awarding of any sanctions, the Class I Hearing Authority will
ensure the cadet charged fully understands the sanctions that have been awarded.
At that time, the Class I Hearing Authority will determine whether to initiate
disenrollment proceedings (see Section H.5).

A Class I Hearing may be closed to observers at the discretion of the

Commandant of Cadets or Assistant Commandant of Cadets.

Post-Hearing Procedures. Following a Class I Hearing, certain procedures must be

followed to document the findings of the Class I Hearing Authority and forward the
case for any subsequent disciplinary action. These post-hearing procedures include:

(1) Complete Final Action section on CGACAD-19 to document disposition of

hearing and consequences awarded, if necessary.

(2) If referred to Executive Board, Suitability for Service Hearing, or Disenrollment

by the Superintendent, refer to Chapter 4 of the Cadet Regulations.

Awarding of Class I Offenses without a Class I Hearing. In limited circumstances at

the discretion of the Commandant of Cadets, Class I violations may be awarded
without a Class I Hearing. In all cases, an accused must be provided the opportunity
to present evidence and/or witnesses in their defense, if they elect to do so. The
decision to award a Class I Offense without a Class I Hearing must be carefully
weighed against the benefit of transparency for the good order and discipline of the
Corps of Cadets.

Circumstances in which this provision may be employed include, but are not
limited to, the following:

(a) Cases which involve, at most, two Class I charges in which no facts are in
dispute and the Commandant of Cadets deems the potential benefits of the
hearing process to the development of the involved cadet(s) and the good
order and discipline of the Corps of Cadets is minor;

38
 (b) Cases of a highly sensitive nature in which the Commandant of Cadets deems
the hearing itself would be so detrimental to the well-being of the cadet that
even a closed hearing would not address the concern;

(c) The accused has elected to admit to the charges, has waived their right to
present evidence and/or witnesses in their defense at a hearing, and the
Commandant of Cadets deems the potential benefits of the hearing process to
the development of the involved cadet(s) and the good order and discipline of
the Corps of Cadets is minor.

A Class I hearing must be held if the violation(s) are likely to directly result in a
recommendation for disenrollment, likely to result in the cadet reaching the
standard for Conduct Deficiency, or the cadet requests a Class I Hearing.

The involved cadet shall be counseled by the Assistant Commandant of Cadets

jointly with the Company Officer or Company Chief. The reasoning as to why a
Class I Hearing was not held shall be documented on the final charge sheet and
shall be signed by the Commandant of Cadets before processing any further
action.

Maintaining Records. Cadet Division maintains records of the Cadet Conduct and
Discipline System.

2. Executive Board. An Executive Board is one method for providing an opportunity to

review a cadet’s record, hear evidence or witnesses in defense of a cadet’s retention, and
provide a recommendation to the Superintendent pertaining to the ability of a cadet to
serve as a Coast Guard Officer. The procedures for convening and executing an
Executive Board are listed in Chapter 4 of the Cadet Regulations.

3. Cadet Honor Board.

General. The Charlie Company Honor Department Head, also referred to as the
Regimental Honor Officer (RHO), will chair the CHB. The RHO will coordinate all
CHB proceedings and initiatives with the Commissioned Honor Officer. The CHB
will be compromised of high performing cadets who represent the mature conscience
of the Corps of Cadets. All cadets that are selected to serve as members of the CHB
will be identified in a CHB Charter that will be promulgated semi-annually in
conjunction with the start of an academic semester and signed by the Commandant of
Cadets.

Purpose.

The CHB is an advisory board to the Commandant of Cadets and Assistant

Commandant of Cadets. CHB recommendations are non-binding, but do provide
critical decision-advantage from the perspective of the Corps. The purpose of the
CHB is to assist in the promotion and maintenance of high standards of conduct
and adherence to the Coast Guard’s Core Values within the Corps of Cadets by

39
 providing a communications and interpretational link between the Corps and the
Cadet Division leadership. The CHB is charged with:

(a) Determining if the accused violated the Honor Concept and these regulations;
and,

(b) Making a recommendation regarding whether an honor offense was

committed and whether the accused should be retained and placed on Core
Values Remediation or disenrolled.

The CHB will consider findings of fact, and, when necessary, hold formal
hearings. Based on the facts, the CHB will deliberate as to whether or not an
honor offense occurred. Once that deliberation is complete, the CHB will review
the cadet’s record and make a final recommendation as to the cadet’s suitability to
remain as a member of the Corps of Cadets. Under no circumstance may the
CHB’s review of a cadet’s record influence their finding of whether or not an
honor offense occurred. The CHB will not be used during the summer term;
honor related cases will normally be adjudicated by a Class I Hearing Authority in
consultation with the Commissioned Honor Officer (CHO), but may be referred to
a CHB during the fall semester at the discretion of the Commandant of Cadets or
Assistant Commandant of Cadets. The CHB proceeding may constitute the only
proceeding prior a recommendation for disenrollment.

Precept and Charter. At the beginning of each academic semester, the Commandant
of Cadets, in consultation with the CHO, will promulgate a precept that provides
guidance for CHB deliberations and recommendations. The RHO will draft a charter,
for approval by the Commandant of Cadets, at the beginning of each semester
addressing: (1) the CHB’s purpose, (2) specific objectives for the semester, and (3)
membership. The charter will be routed to the Commandant of Cadets for signature
during CAP week and MAP week.

Honor cases that do not involve full admission by the accused cadet during the
investigation, or which have complicating factors or unclear facts, will normally
be referred to the CHB for inquiry, deliberation, and recommendation.

The following rights will be afforded to cadets before the CHB in addition to the
rights listed in these regulations:

(a) The cadet will be afforded written notice at least three days in advance of a
CHB proceeding to prepare a defense and select a cadet advisor; and

(b) A cadet that goes before the CHB must have the right to review the
investigation report and examine evidence being considered in their case at
least two days in advance.

Organization.

40
 CHB Composition. The CHB is comprised of three selected 1/c cadet
representatives from each cadet company, plus the RHO. The CHO and the
Academic Honor Officer serve as an advisor and consultant to the CHB and guide
training and indoctrination programs. Additionally, the CHO will endorse, with
independent recommendations, all case recommendations and reports submitted
by the CHB. The position of chairman of the CHB will be held by the RHO.

Additional Members. The RHO has the authority to appoint up to two additional
1/c cadets to the CHB, rotated from the Corps at large. These appointments may
be made at the discretion of the RHO to give cadets an opportunity to experience
the CHB process, and offer perspectives and insights from the Corps in general.
The RHO may appoint cadets reflecting the gender or minority of an accused not
already represented by the standing board. These appointments will be made at
the option and discretion of the RHO, but are not required for every hearing.

CHB Selection. Two 1/c representatives shall be chosen from those who apply for
the positions; one shall be randomly selected to ensure diversity of experience and
opinion on the CHB. Overall within the CHB, the Board should generally reflect
the diversity of the Corps; the overall cadet membership of the entire CHB should
be carefully selected to be intentionally inclusive of a diverse set of cadet
experiences, backgrounds, and perspectives. The board makeup for any given
case is the discretion of the CHO. All elected representatives are subject to
screening by the RHO. For a cadet to serve on the board, the concurrence of the
RHO, the cadet’s Company Officer, and the CHO must be obtained. Final
approval rests with the Commandant of Cadets.

Relief. CHB members may be relieved for cause. Relief for cause will normally
be as a result of a Class I Offense violation of these regulations. However, a relief
for cause may also result from unsatisfactory performance of regimental duty,
conduct, adaptability, or physical fitness. In all cases, relief for cause will be
effected by action of the Commandant of Cadets. The replacement for a relieved
cadet will be conducted in accordance with subparagraph (3) above.

Hearing Composition. For any CHB hearing, there must be at least 11 cadets
involved in the adjudication process. These members must include: the RHO, or
another appointed chairman, one permanent CHB member from each company,
and two randomly chosen members from the accused’s class. If the board is
convened for cadets of multiple class years then it is permitted to have only one
class representative per class so long as there is at least one from every class of
the cadets accused.

Voting. All members involved in the hearing must be present for any voting
action by the CHB. A simple majority of those present shall rule. However, in a
contested issue, a minority (i.e. dissenting opinion) report must be submitted
along with the report of the majority.

41
 Responsibilities. The CHB’s responsibilities must include, but are not necessarily
limited to, the following:

Inquire into the facts of all cases referred to it by the Commandant of Cadets or
Assistant Commandant of Cadets. For each case, provide findings of fact (if they
differ from the investigating officer’s report), opinions, and a recommendation for
retention and remediation or disenrollment. When determining opinions and
recommendations, the CHB must ensure that a holistic view of the case is
considered, including that of the involved instructor, coach, CHO, Academic
Honor Officer, or Company Officer or Company Chief, who have additional
information and perspective and not solely the testimony of the charged cadet.

Be alert for practices within the Corps of Cadets that are inconsistent with the
spirit of this Manual, the Cadet Regulations, and the Honor Concept, and work to
eliminate such practices.

Carry out a continuing indoctrination program for all cadets regarding honor
cases, honor offenses, honor lesson plans, and the actions of the CHB.

Final Recommendation. Upon presenting its recommendation to the Commandant of

Cadets, the CHB will await the final action taken by Cadet Division. During the time
that Cadet Division is reviewing the case, CHB members may not disclose any
information concerning the case, the deliberations of CHB, or their own opinions
about the matters being considered. When action has been finalized, the
Commandant of Cadets, Assistant Commandant of Cadets, or the CHO may present a
brief to the CHB. It then becomes the responsibility of each member to present the
decision and its rationale to their cadet company. In all cases where a cadet is
recommended to be disenrolled, final authority rests with the Superintendent.

4. Suitability for Service Hearing. A Suitability for Service Hearing is a method for
determining a Cadet’s ability to serve as an Officer in the Coast Guard.

The authority for placing any cadet on Suitability for Service Probation for
deficiencies in Military Performance, Conduct, and Weight Control rests with the
Commandant of Cadets. The Assistant Commandant of Cadets conducts hearings,
reviews records, and make recommendations to assist the Commandant of Cadets in
making a decision to place a cadet on Suitability for Service.

For fitness or swimming deficiencies, the authority for placing any cadet on
Suitability for Service Probation rests with the Commandant of Cadets with
concurrence of the Director of Athletics. The Assistant Commandant of Cadets
conducts hearings, reviews records, and make recommendations to assist the
Commandant of Cadets in making a decision to place a cadet on Suitability for
Service.

42
Company Officers may at any time recognize that a cadet is deficient in Military
Performance, Conduct, or Weight Control. If the Company Officers find a cadet
deficient in any aspect of the cadet military program, they may:

Recommend a Suitability for Service hearing be conducted by the Assistant

Commandant of Cadets.

Request to conduct a Suitability for Service hearing under the auspices of the
Assistant Commandant of Cadets.

Although many other reasons exist, a cadet must be considered deficient in:

Military Performance, if the cadet receives a two or a one for any performance
dimension listed on any Cadet Evaluation Report. For 4/c cadets who receive a
swab summer evaluation that meets the criteria for suitability for service, they
will receive counseling on their performance by their new Cadet chain of
command, Company Chief, and any other assigned mentors afforded at the start
of the Fall Semester.

Conduct, if the cadet is found in violation of two or more Class I Offenses during
a conduct term; or if the cadet exceeds 50% of the maximum number of demerits
allowed for a conduct year. A cadet who exceeds 75% of the maximum number
of demerits allowed for a conduct year or is found in violation of any Class I
Offense while already on Suitability for Service Probation will immediately be
referred to the Assistant Commandant of Cadets for a Suitability for Service
Hearing to address their conduct deficiency, unless those thresholds were reached
as a result of a Class I Hearing.

Weight Control, if the cadet is in violation of the weight probation requirements

specified in the Cadet Regulations.

Fitness or Swimming, if the cadet does not meet CGA standards.

At any time, if a Company Officer or Chief determines that a cadet is deficient in

Military Performance, Conduct, or Weight Control, the Company Officer or Chief
must advise the cadet that their performance is substandard and refer the cadet to the
Assistant Commandant of Cadets for a Suitability for Service Hearing. At any time,
if Athletics Division faculty or staff member determines that a cadet is deficient in
Fitness or Swimming, they must advise the cadet that their performance is
substandard and refer the cadet to the Director of Health and Physical Education for a
Suitability for Service Hearing.

At a Suitability for Service Hearing initiated due to observed deficiencies, the

Assistant Commandant of Cadets or Director of Health and Physical Education must
determine whether the cadet’s performance is suitable or unsuitable by:

Reviewing all relevant records.

43
 Interviewing appropriate personnel in the cadet’s GOLD team, which may include
the cadet chain of command, the Company Officer, the academic advisor, and the
coach.

Interviewing the referred cadet at a hearing.

If the cadet’s performance is determined to be suitable, the hearing will be dismissed

with no further action. If the cadet’s performance is determined to be unsuitable, the
following recommendations may be made to the Commandant of Cadets or the
Director of Athletics:

That the cadet be placed on Suitability for Service Probation, or

That the case be referred the Superintendent for further action.

The Commandant of Cadets may, upon referral from the Assistant Commandant of
Cadets:

Place the cadet on Suitability for Service Probation, or

Refer the cadet to the Superintendent for further action, i.e., Executive Board
proceedings or disenrollment, or

Counsel the cadet and ensure that the counseling is documented via memo.

The Director of Athletics may, upon referral from Director of Health and Physical
Education and coaches:

Place the cadet on Suitability for Service Probation, or

Refer the cadet to the Superintendent for further action, i.e., Executive Board
proceedings or disenrollment, or

Counsel the cadet and ensure that the counseling is documented via memo.

Cadets may also be placed on Suitability for Service probation at or subsequent to a

Class I Hearing, regardless of the outcome.

If, at any time during the Suitability for Service period, the cadet is found to have
committed a serious conduct infraction or a determination is made that the cadet is
not making sufficient progress toward correcting the cadet’s deficiency, a Suitability
for Service hearing may be held and the cadet recommended for disenrollment.

At the conclusion of the Suitability for Service period, the cadet must:

Schedule a Suitability for Service hearing with the Assistant Commandant of

Cadets or Director of Health and Physical Education and the cadet’s GOLD team.
The cadet must also arrange for another cadet to serve as recorder.

44
 The Assistant Commandant of Cadets or Director of Health and Physical Education
may, based upon the hearing, recommend to the Commandant of Cadets or Director
of Athletics:

That the cadet be removed from probation; or

If the performance has been unsatisfactory, make a follow-up suitability for

service determination, which may include a recommendation for disenrollment.

All Suitability for Service meetings (to include the initial and final hearings as well as
interim meetings with the Company Officer, Company Chief, and cadet chain of
command) must be documented using the Report of Suitability for Service Meeting,
Form CGACAD-86 on the Foxtrot Portal Page. A copy of the documentation will be
filed into the cadet’s record. Electronic entries into the Regimental Information
System (REGIS) profile may also be required.

G. Appeals Procedure.

1. Class II and III Offenses.

In cases of sanctions awarded by cadets, the sanctioned cadet will request removal of
the processed Class II/III Offense via memo or email within 5 business days of the
adjudication of the offense in REGIS, up their chain of command to the Company
Commander stating their case for removal in the appropriate manner. The Company
Commander will forward to the Regimental Commander with a copy to the Company
Officer, indicating a recommendation for approval or denial of the appeal. The
Regimental Commander will make the final decision and notify all parties involved
on the final agreed upon disposition.

In cases of sanctions awarded by faculty or staff, the cadet will request removal of the
processed Class II/III delinquency via memo up the chain of command to the
Assistant Commandant of Cadets. The memo must be submitted first to the Conduct
Department Head in Foxtrot Company before routing up the chain of command, in
order for the sanctions to be paused for the duration of the appeal until final decision.
The Assistant Commandant of Cadets will make the final decision and notify all
parties involved of the agreed upon disposition. In cases where the Assistant
Commandant of Cadets personally awarded the Class II/III, the Commandant of
Cadets will make the final decision.

All appeals of Class II and Class III Offenses must be made within 5 business days of
the entry of the offense into REGIS.

All sanctions associated with the Class II or Class II Offense will be placed on hold
when the appeal is submitted to the Conduct Department Head.

2. Class I Offenses.

45
Cadets awarded sanctions for a Class I Offense must submit the request for
removal/reduction via memo through their cadet chain of command and Company
Officer up the chain of command to the next hearing authority in the following
hierarchy (the “Reviewing Authority”):

The Assistant Commandant of Cadets is the final Reviewing Authority for

sanctions awarded by the Company Officer or Regimental Officer.

The Commandant of Cadets is the final Reviewing Authority for sanctions

awarded by the Assistant Commandant of Cadets.

The Superintendent is the final Reviewing Authority for sanctions awarded by the
Assistant Superintendent, Commandant of Cadets, or Commanding Officer of
EAGLE.

DCMS-dpr is the final Reviewing Authority for decisions by the Superintendent.

The Appeal of Disciplinary Sanction Memo shall be used by the cadet appealing the
sanctions awarded as a result of a Class I Offense. A template of the Appeal of
Disciplinary Sanction Memo is available on the Foxtrot Portal page.

A cadet may appeal the disposition of their case only on the following bases:

A finding that they have committed the offense is unjust;

The sanctions awarded are disproportionate to the offense(s) committed;

Substantial errors existed in the adjudicative proceedings, which substantially

prejudiced the accused cadet and cannot subsequently be cured.

Only a cadet who does not admit to the charges at or before a Class I Hearing may
appeal a finding that they had committed the offense. An appeal will need to indicate
that there was not sufficient evidence to substantiate the charge by a preponderance of
the evidence.

Regardless of admission, any cadet who considers the awarded sanctions

disproportionate to the offense(s), may request reconsideration of the sanctions. Such
an appeal should address whether the level of the original sanctions awarded was an
abuse of discretion under the circumstances of a given case. Awarded sanctions
should not be changed simply because the Reviewing Authority would have awarded
different sanctions.

Procedural errors or irregularities in adjudicative hearings will be grounds to

invalidate such proceedings only in those cases where the errors or irregularities
substantially prejudiced the accused cadet and cannot subsequently be cured. If
substantial errors in the proceedings are detected, the Reviewing Authority may direct
that the investigation be reopened and additional matters be considered or that errors
be corrected or remedied. The accused cadet is responsible for alleging substantial

46
 errors within the time period described below. Irregularities not amounting to the
above will be considered harmless errors and will not be a basis to reevaluate. If a
harmless error in the proceedings is detected, the Class I Hearing Authority shall take
steps as required to remedy such error, so long as the rights of the accused cadet are
not substantially prejudiced.

A Recommendation for Disenrollment is not considered a punishment, but rather a

consequence of the overall cadet record including the circumstances that led to the
recommendation and is therefore not appealable.

All appeals must be submitted within three (03) working days of the day on which the
offense was adjudicated, unless otherwise specified by the Class I Hearing Authority.
Failure to submit an appeal within the prescribed time limit may result in denial of the
appeal.

Approved requests for removal of sanctions will be forwarded to the Regimental

Conduct Department Head who will take action to correct the cadet’s record.

H. Separations from the CGA due to Conduct or Military Performance Deficiency.

1. Authority for Separation. Pursuant to 14 U.S.C. §1924, the Superintendent may dismiss
any cadet who is found to be unsatisfactory in either studies or conduct, or who has been
deemed unsuitable for service in the United States Coast Guard.

2. Grounds for Separation. These procedures apply to disenrollments for misconduct (e.g.,
Class I Offenses), conduct deficiency, and any factors indicating a cadet’s unsuitability
for military service.

3. Maximum Accumulation of Class I Offenses.

More than six Class I Offenses during a cadet’s career. A cadet who exceeds the
maximum accumulation of Class I Offenses will normally be disenrolled. If a cadet
is retained with more than six Class I Offenses, then they must default to a Conduct
Deficiency status, unless deemed otherwise by the Superintendent.

A cadet who has been placed on Suitability for Service Probation may not accumulate
any Class I Offenses. A cadet found in violation of a Class I Offense while on
Suitability for Service Probation will normally be disenrolled.

If a cadet is retained after having committed a Class I Offense while on Suitability for
Service Probation, then they must default to a Conduct Deficiency status, unless
deemed otherwise by the Superintendent.

If a cadet is retained after being recommended for disenrollment to the

Superintendent, they may be placed on conduct deficiency at the discretion of the
Commandant of Cadets.

A single Class I Offense may serve as grounds to disenroll a cadet.

47
4. Determination of Unsuitable for Service.

A cadet who violates the terms of their Suitability for Service Probation, or is found
unsuitable at a Suitability for Service Hearing with the Assistant Commandant of
Cadets will normally be recommended for disenrollment.

5. Separation Procedures.

Recommendation for Disenrollment.

A cadet may be recommended for disenrollment for conduct in the following

circumstances:

(a) Following a Class I hearing or after the awarding of a Class I Offense without
a hearing;

(b) Following an Executive Board, Cadet Honor Board, or Suitability for Service
Hearing; and

(c) Following commission of criminal offenses or findings of commission of

serious offenses under the UCMJ; or

(d) For other reasons determined by the Commandant of Cadets that are outlined
in the Cadet Regulations or other Coast Guard Policy.

Recommendations for Disenrollment shall be made via memorandum from the

Commandant of Cadets to the Superintendent. The memo shall outline the
grounds for the recommendation, as well as any other pertinent information that
will assist the Superintendent in making an informed decision.

Notice and Opportunity to Respond.

The Commandant of Cadets initiates the disenrollment process by completing the

Notification of Recommendation for Disenrollment, which notifies the cadet of
the recommendation for disenrollment; the basis of the recommendation; and the
cadet’s right to respond. Notification of Disenrollment may incorporate multiple,
separate bases of disenrollment.

Upon receipt of the Notification of Recommendation for Disenrollment, the cadet

with fill out Acknowledgment of Receipt of Notification of Recommendation for
Disenrollment, a sample of which can be found on the Foxtrot Portal page. On the
Acknowledgment of Receipt of Notification of Recommendation for
Disenrollment, the cadet will confirm receipt and elect whether they intend to
respond.

In all cases, the cadet will be provided an opportunity to respond in writing to the
Notification of Recommendation for Disenrollment within five business days of
receipt of the notification. All requests for extensions of time to provide a

48
response to the Notification of Recommendation for Disenrollment must be in
writing and routed to the Commandant of Cadets for consideration. Requests for
extensions will normally not be approved except in exceptional circumstances.
The cadet’s response must be submitted to the Commandant of Cadets, through
the Assistant Commandant of Cadets, shall be in memo format, and contain the
following:

(a) Extenuating circumstances that would explain the cadet’s deficiency and
justify continuance of the cadet.

(b) Examples of exemplary performance, academic excellence, or other

achievement that would justify continuance of the cadet.

(c) Election of whether the cadet requests to personally appear for an informal
meeting with the Commandant of Cadets and one or more of the Company
Officer or Chief, Assistant Commandant of Cadets, or Regimental Officer.

(d) Letters of recommendation from faculty, staff, and coaches in support of

cadets who have received a Notification of Recommendation for
Disenrollment may be included with the cadet’s response. Letters of
recommendation from cadets will not be accepted. Guidelines for letters of
recommendation shall be in accordance with paragraph H.6.c below.

After reviewing the matters submitted by the cadet, the Commandant of Cadets
will submit a recommendation to the Superintendent through the Staff Judge
Advocate (the “Recommendation for Disenrollment”). If a cadet facing
disenrollment for conduct requests a meeting with the Commandant of Cadets,
that meeting request should be granted unless impracticable or for other just
cause. The meeting shall include one or more of the Assistant Commandant of
Cadets, Regimental Officer, Company Officer or Company Chief in attendance.

The Staff Judge Advocate will perform a legal review of the Recommendation of
Disenrollment and supporting documentation, along with the matters submitted by
the cadet, and will forward the documentation to the Superintendent for final
action.

Under these procedures, the cadet has the following rights:

(a) To be provided with copies of the Notification of Recommendation for

Disenrollment and the Recommendation for Disenrollment;

(b) To submit a response to the Notification of Recommendation for

Disenrollment, as well as letters of recommendation regarding the cadet’s
suitability for continued service within five business days of the date of
receipt of notification;

(c) To hire and retain private counsel at the cadet’s expense to assist with the
cadet’s response to the Notification of Recommendation for Disenrollment.

49
 Judge Advocates (attorneys) will not be assigned or appointed as this process
is administrative and non-adversarial in nature; and,

(d) To request an informal meeting with the Commandant of Cadets as described

in paragraph H.5.b.4 above.

Prior to the Superintendent taking final action on a recommendation by the

Commandant of Cadets, at the Superintendent’s discretion, a meeting may be
scheduled with the cadet being recommended for disenrollment. Nothing in this
chapter should be construed to create an obligation or right to a meeting prior to a
disenrollment decision. The Superintendent may also seek input from other
sources in order to assist in the decision on whether to retain or disenroll a cadet
(e.g., Command Master Chief, Office of Inclusion and Diversity (OID), Division
Chiefs, Staff Judge Advocate, etc.).

When deciding whether to disenroll a cadet, the Superintendent will consider the
entirety of the cadet’s record, including, but not limited to, previous disciplinary
matters, academic performance, physical fitness, input from Cadet Division,
pending disciplinary or criminal matters, and matters submitted by the cadet in
response to the Notification of Recommendation for Disenrollment. In other
words, the Superintendent’s review is not limited to the matter for which the cadet
is being recommended for disenrollment but covers the entirety of the cadet’s
CGA career. However, a single incident may also be considered sufficient
grounds for disenrollment regardless of prior record.

The procedures set forth in paragraph H.5.a are sufficient to constitute a

disenrollment under this Manual. The Superintendent has discretion to not
consider any information obtained outside the procedures established in paragraph
H.5.a.

Separation Decision.

Discharge Type. Cadet discharges will be categorized as dictated in the Military

Separations Manual, COMDTINST M1000.4 (series).

Resignation in Lieu of Termination. Once the decision to recommend a cadet for

disenrollment or to disenroll a cadet has been made, certain circumstances may
allow for that cadet to request resignation in lieu of disenrollment. This request
may be accepted or not accepted by the Superintendent. If, however, the cadet is
disenrolled by the Superintendent and decides to appeal the Superintendent’s
decision to disenroll, that cadet’s right to request resignation in lieu of
disenrollment is waived once the cadet has started the appeal process.

Required Documents.

Disenrollment Memorandum. The Superintendent will inform the cadet of the

decision to disenroll via memo. If the cadet has breached their service obligation

50
 and incurred an obligation for recoupment, it shall be noted in the disenrollment
memorandum.

DD-214. The actual separation code that will be listed on the Certificate of
Release for Discharge from Active Duty, Form DD-214 must be included in the
disenrollment memo from the Superintendent to the cadet.

6. Appealing a Separation Decision.

Process and Guidelines.

A cadet who has been disenrolled by the Superintendent may appeal the decision,
in writing, within five business days of the cadet’s receipt of the decision. All
requests for extensions of time to appeal the Superintendent’s decision must be in
writing and routed to the Commandant of Cadets for consideration. Extensions
will not normally be granted unless exceptional circumstances exist.

A written appeal of a Superintendent’s decision must be submitted to the

Commandant of Cadets for processing and should be addressed to DCMS-dpr via
the Superintendent.

Any further issues following DCMS-dpr’s decision shall be addressed through the
Coast Guard’s Board of Correction of Military Records (BCMR) process.

The Superintendent may reconsider previous action based on the appeal and
modify previous decisions. Otherwise, the Superintendent must forward the
appeal to DCMS-dpr for final action.

After the appeal process has commenced, a cadet may wish to voluntarily rescind
their appeal of disenrollment and accept disenrollment. In order to do this, a cadet
must state in writing the reason for rescinding their appeal, make clear that the
rescission is voluntary and declare acknowledgement that the previously routed
appeal package is negated. The rescission statement must be routed immediately
to the appeal authority (DCMS-dpr) via the chain of command.

Appeal Memorandum.

The appeal letter should contain information of the following nature for
consideration by the Superintendent and DCMS-dpr:

(a) Extenuating circumstances that would explain the cadet’s deficiency and
justify continuance of the cadet.

(b) Examples of exemplary performance, academic excellence, or other

achievement that would justify continuance of the cadet.

A template will be provided to cadets when they are presented with the
Disenrollment Letter.

51
 Letters of Recommendation.

(1) Letters of recommendation from faculty, staff and coaches in support of cadets
who have been recommended for disenrollment may be included with the cadet’s
Appeal Letter as they provide pertinent information that will assist the
Superintendent in making a disenrollment decision.

(2) The following guidelines for submission of these letters apply:

(a) Letters of recommendation supporting retention of a cadet typically include,

but are not limited to, letters from CGA faculty, staff, or coaches.

(b) All letters of recommendation must be addressed to the Superintendent via

the Commandant of Cadets. In order for letters of recommendation to be
included in the case package, they must be received prior to the
Superintendent’s review.

(c) Letters of recommendation, original or copy, must not be given directly to the
cadet. Letters of recommendation must be submitted to the subject cadet’s
Company Officer for submission to the Superintendent via the Commandant
of Cadets.

(d) Cadet letters of recommendation in support of other cadets being involuntarily

disenrolled will not normally be accepted. However, the Superintendent may
entertain letters from 1/c cadet command positions on subordinate underclass
cadets within the same chain of command. Cadet letters of recommendation
must be submitted to their own Company Officer for submission to the
Superintendent via the Commandant of Cadets.

(e) Under no circumstances may any CGA personnel, with exception of the
Superintendent, communicate directly to DCMS-dpr offering opinion on a
disenrollment decision.

(f) Letters of recommendation from CGA personnel will not be included with the
appeal letter but can be included in the cadet file that is forwarded to the
Superintendent with the appeal.

Final Action on Appeals. Final action from the DCMS-dpr will be either
disenrollment or retention. The Superintendent will notify the cadet, via Cadet
Division, of the final action, and indicate the time of disenrollment and termination of
cadet status.

7. Recoupment. All cadets are subject to SUPTINST 5340.3 (series), Obligated Service or
Recoupment from Cadets Disenrolled from the CGA.

I. Disciplinary Measures.

52
1. Types of Sanctions. A Class I Hearing Authority may impose a combination of sanctions
in addition to, or instead of, demerits when adjudicating conduct offenses. These
sanctions include: placement on Suitability for Service Probation, administrative
restriction, room restriction, marching tours, work hours, additional instruction periods
(including extra military instruction to correct deficiencies), loss of leave, and loss of
class privileges. In addition, the Commandant of Cadets and Assistant Commandant of
Cadets may impose the following sanctions: reduction of class precedence and/or
suspension from intercollegiate sports, club sports or activities.

Demerits. Demerits document a cadet’s abilities to abide by applicable regulations

and act in the manner expected of a cadet and future officer. As such, demerits are
not considered inherently punitive, but rather a documentation and counseling
method.

Administrative Restriction. A penalty awarded by a Class I Authority at hearing,

including a reduction of a Class I Offense to a Class II Offense at hearing, places a
cadet in an immediate restricted status, unless otherwise deferred by the Class I
Hearing Authority. A cadet on administrative restriction is restricted to Chase Hall in
accordance with the liberty schedule contained in the Cadet Regulations.
Administrative restriction is also an included consequence of a Class II Offense.

The following guidance pertains to sanctions coinciding with the Summer

Training Period:

(a) If the member is attached to CGA for the duration of the restriction; the dates
of the cadet’s restriction will be determined by the Commissioned Conduct
Officer.

(b) If the cadet is scheduled to be TDY to another unit/Sector, CATP, CSTP or

EAGLE during the dates of his/her restriction, the cadet’s restriction may be
suspended until the cadet returns to CGA. The Commandant of Cadets and
Assistant Commandant of Cadets are the final authorities for Class I Offenses,
and the Commissioned Conduct Officer is the final authority for Class II
Offenses.

(c) Work Hours and Marching Tours completion will normally be suspended over
the Summer Training Period. Sanctions such as EMI, loss of privileges, etc.
will normally remain in effect unless specified by the Class I Hearing
Authority or ACOC.

(d) In extreme cases, cadets may have their Summer Training orders cancelled in
order for them to remain at CGA to serve the terms of their restriction or
sanctions.

The following conditions apply to administrative restriction:

53
(a) Commences immediately following the hearing proceedings in which the
cadet was charged with restriction, unless otherwise deferred by the Class I
Hearing Authority. Credit for a day of restriction starts the day after the
hearing. Administrative restriction will conclude at 0700 on the last day. If
placed on room restriction, the cadet must notify the Company OOD when
their room restriction has concluded.

(b) The cadet will attend all restricted cadet formations on days the cadet is
restricted unless approved by the Assistant Commandant of Cadets. Work
hours must not interfere with a cadet’s attendance at restricted cadet
formations.

(c) The cadet will attend all classes, inspections, and drill periods, and will carry
out all assigned military duties if in the cadet duty section.

(d) The cadet must be up and about from 0600 Monday-Saturday, or 0730 on
Sundays, to 2200, in the uniform of the day. The door must remain open at a
90 degree angle when occupied by the cadet on restriction, this includes
during closed door authorized time periods. The only authorized time to close
the door is when cadets are changing and after taps (regardless of the
roommate’s status).

(e) The cadet is not authorized to use lounges or dayrooms for entertainment.
Dayrooms may be used for academic purposes with approval from the
Company OOD.

(f) The cadet is not authorized to use Leamy Hall or entertain guests anywhere on
the CGA without their Company Officer/Company Chief’s permission.

(g) If restricted due to a Class II Offense, cadets may participate in scheduled on-
base or off-base intercollegiate and club sport programs, including practices
and competitions. If restricted due to a Class I Offense, cadets may participate
in on-base intercollegiate and club sport programs, unless otherwise dictated
by the Class I Hearing Authority. Cadets restricted due to a Class I Offense
wishing to take part in off-base sports must route a special to the ACOC.

(h) On-base is considered the immediate grounds of the CGA base in New
London, CT, or CGA team home practice locations. CGA team practice
locations include: Connecticut College pool/hockey rink/cross country trail,
Stonington lodge, and the Thames River. Any other locations are prohibited
and must be cleared with the Assistant Commandant of Cadets. Cadets
restricted from traveling with their sports teams are only authorized to miss
restricted cadet formation for scheduled on-base intercollegiate competitions.
If there is a conflict between practice and restricted cadet formation, the cadet
must attend restricted cadet formation.

54
 (i) The cadet may be authorized religious liberty from one-half hour before to
one-half hour after divine services to attend services off the CGA or attend
aboard CGA.

(j) The cadet may be authorized to leave Chase Hall for a maximum of two hours
each day to use Roland/Billard Hall, jog on the CGA grounds, or participate in
Inter-Company Sports, if they are not involved in an intercollegiate sport. At
all other times the cadet is to be in the uniform of the day.

(k) In instances where the cadet may be authorized to leave Chase Hall, the
Company OOD must be informed prior to departure, and kept abreast of the
whereabouts of all restricted cadets. Movements of restricted cadets will be
limited so that they attend all restricted cadet formations.

(l) The cadet is not authorized to watch movies or television shows via DVD or
streaming, and must not play video or computer games, nor be in a cadet room
where a non-restricted cadet is participating in such activities.

(m) Restriction awarded at an administrative hearing to a cadet currently serving

restriction will normally start when the previous restriction is completed.

(n) Restriction awarded for multiple offenses heard at the same administrative
hearing will run concurrently.

(o) The Assistant Commandant of Cadets must approve the following:

[1] Restriction awarded at an administrative hearing when periods of leave

are involved.
[2] Restriction which exceeds four consecutive weeks due to an additional
infraction while the cadet was already on restriction.

Room Restriction. A penalty awarded by a Class I Hearing Authority which, in

addition to sanctions above for administrative restriction, adds or increases sanctions
to the following:

Commences immediately following the hearing proceedings in which the cadet

was charged with room restriction, unless otherwise deferred by the Hearing
Authority. Credit for a day of room restriction starts the day after the hearing.
Room restriction will conclude at 2200 on the last day. The cadet must notify the
Company OOD that their room restriction has concluded.

The cadet is restricted to their room except to attend academic obligations, visits
to the head, and meals. In addition, the cadet will attend all official formations,
inspections and drill periods, and carry out all assigned military duties if in the
cadet duty section.

The cadet will attend all restricted cadet formations and use a copy of the sign
out/in log on their barracks room door to detail all movements from quarters.

55
 The cadet must be up and about from 0600 Monday-Saturday, or 0730 on
Sundays, to 2200 in the uniform of the day.

The cadet is not authorized to attend or participate in any intercollegiate or

extracurricular activities, including movies, dances and special functions.
Coaches, activity advisors, instructors, etc., may petition the Assistant
Commandant of Cadets to allow a room-restricted cadet to participate in
intercollegiate or extracurricular activities. If the request is granted, the Assistant
Commandant of Cadets may impose additional appropriate penalties in place of
the restriction.

The cadet may be authorized church liberty from one-half hour before to one-half
hour after divine services to attend services off the reservation or attend chapel
aboard. In either event, the prior approval of the CHDO is required.

The cadet is not authorized to entertain guests at the CGA.

Room restricted cadets will not use phones without the approval of their Company
Officer.

Room restricted cadets may exercise on base a maximum of two hours a day.

Restricted Cadet Formation. An accountability formation held at routine times, in

order to verify the presence and status of restricted cadets. The CHDO may hold
formations outside routine times at their discretion. Unless specifically excused by
the Assistant Commandant of Cadets, restricted cadets must attend all routine
restricted cadet formations.

Formation will be held at fair or foul weather parade as determined by the RCDO.
The location of formation will be announced ten minutes prior, with bugle calls at
five minutes to go, and at the time of formation.

(a) Fair weather parade will be the old quadrangle. Company OODs must form
up with restricted cadets in their company from left to right, Alfa through
Hotel, facing the quarterdeck.

(b) Foul weather parade will be outside the RC’s Conference Room.

(c) Holding restricted cadet formations in respective company wing areas is not
authorized.

Company OODs will pass report on command to the RCDO, who will pass report
to the CHDO. The RCDO will then have the restricted cadets prepare for
inspection. The RCDO and the CHDO may inspect, or delegate to Company
OODs to inspect. Regardless, inspection is required at all restricted cadet
formations.

Marching Tours.

56
Marching tours are awarded as a penalty by a Class I Authority or as a result of a
Class II violation. Each tour is 50 minutes in duration; only whole tours will be
marched, fractions of tours are not permitted.

Tours will be marched from 1600 to 2000 Monday through Friday, from 1230 to
2200 on Saturday, and from 1230 to 2000 on Sunday in the old quadrangle. No
more than two tours will be marched on weekdays and no more than four on
Saturday, Sunday, or holidays. A cadet may request to march more tours through
a request memo to the Assistant Commandant of Cadets.

Rules for Marching Tours.

(a) The uniform for marching tours is Parade Dress Blue "B" with rifle. 4/c cadets
who do not have cadet Parade Dress Blue "B" must wear Full Dress Blue
(Tropical Blue if not issued Service Dress Blue jacket).

(b) Tours will only begin on the hour or half hour. Cadets wishing to march a tour
must check in with the RCDO five minutes before the initial tour begins.
Cadets will be inspected by the RCDO prior to marching and the duty section
will periodically check on the cadet throughout the tour. No phones or
electronic devices are authorized to be carried on the cadet’s person during the
marching tour.

(c) The ACDO and JCDO must ensure the cadence tape is played at any time
tours are being marched, in fair or foul weather. Cadets must hold a military
brace and continuously march in a single file line of rank order around the
perimeter of the old quadrangle. Cadets must march in a counterclockwise
direction, guiding along the pavement and squaring all corners. Each tour
must commence and conclude below the steps leading into the quarterdeck.
Cadets must alter shoulder arms at the beginning of each new rotation, with
the leading cadet calling out commands in accordance with the Manual of
Arms.

(d) At the end of each tour, the cadet must check in with the RCDO or CHDO
prior to beginning the break period. A ten-minute break must be taken
between each tour. This break will be taken on the second deck landing (in
front of the Regimental Commander’s Conference Room); it will not be taken
on the quarterdeck.

(e) Tours marched in an unmilitary manner or breaks taken in unauthorized

locations will result in the tours not being counted and will result in additional
disciplinary action.

(f) Tours will be marched in the Old Quadrangle. The CHDO may authorize the
wearing of gloves, scarves, and topcoats over the PDB "A" uniform in cases
of inclement weather (i.e. mist, light rain, cool temperatures).

57
 (g) Cadets with outstanding marching tours, while not restricted, will lose all
liberty privileges until the completion of all marching tours.

(h) Tours will only be authorized to be marched in the bilge between Chase and
Hamilton Halls by CHDO request to the Regimental Officer, the Foxtrot
Company Officer, or the Assistant Commandant of Cadets. This authorization
will only be granted in rare circumstances due to extreme weather or unsafe
conditions in the old quadrangle (i.e. <32o F, ice, snow, construction, heavy
driving rain, prohibitive heat index (“black flag”)) that persist for more than
two consecutive days, meaning that on the third day of inclement weather,
marching in the bilges will be authorized. For tours marched in the bilges, the
ten-minute break shall be taken outside the mailroom; all other rules above
apply.

(i) Completed Marching Tours must be reported to the Work Hours and
Marching Tours Division via the Work Hours and Marching Tours Form
(CGACAD-104). Documentation of fully completed marching tours in REGIS
is required for a cadet to be considered complete with no outstanding
marching tours for the purposes of liberty as described in I.1.e.3.g above.

Work Hours.

Work hours are awarded as a penalty by a Class I Hearing Authority or as a result

of a Class II violation. Each work hour will consist of one hour of constructive
work. Projects completed in a portion of one (01) full hour shall be signed off by
the faculty or staff member who requested the work hours in 0.25 hour (15
minute) increments. Some work hours will be offered to volunteers; others will be
assigned. Cadets receiving work hours will be notified by the Work Hours
Division Officer where to report to perform the work hours, and when they must
be completed. If cadets have work hours they wish to complete they must FIRST
get approval from the Work Hours Division Officer in order for the hours to
count.

Work hours will normally be conducted on Monday through Friday 1600-1800 or

on Saturday and Sunday from 0800-2000. Work hours may be adjusted by the
Work Hours Division Officer.

Cadets with outstanding work hours, while not restricted, will lose all liberty
privileges until the completion of all work hours.

Faculty and staff members requiring work hours should put in a cadet work hour
request through the CGA’s Intranet website. USCGC EAGLE, the CGA
Waterfront, and Chase Hall projects have priority over all other requests.
Incomplete work hour requests will be returned to the submitter to provide
additional information. Only requests involving manual labor and the betterment
of the CGA will be considered work hours. Requests that do not fit these

58
 guidelines may be referred to Hotel Company who oversees Institutional Service
hours.

Work Hour requests must be made at minimum of 96 hours in advance of the

requested time of work project to account for needed logistics. Hours submitted
less than 96 hours before requested time may not be filled.

Upon being assigned work hours by the Work Hour Division Officer, cadets must
attend the assigned work hours. Failure to do so will result in a Class II violation.
If on a valid excusal at the time of the assigned work hour, it is the responsibility
of the cadet to contact the Work Hours Division within 24 hours of receiving the
initial work hour assignment.

Completed Work Hours must be reported to the Work Hours and Marching Tours
Division via the Work Hours and Marching Tours Form (CGACAD-104).
Documentation of fully completed work hours in REGIS is required for a cadet to
be considered complete with no outstanding work hours for the purposes of
liberty as described in I.1.f.3 above.

Extra Military Duty (EMI). EMI is a non-punitive training tool used to correct
specific deficiencies in a cadet’s performance. EMI may be administered in
conjunction with other administrative action (e.g. demerits, REGIS comments, etc.)
dependent on the severity of their behavior or infraction. Tasks assigned as EMI must
have a logical connection to the performance category requiring remediation and
must be correctible within a limited period of time. Any deficiency that cannot be
corrected within a reasonable training period should not be addressed via EMI. The
following regulations apply to the assignment, management, and execution of EMI:

EMI may be awarded by a Class I Hearing Authority. EMI for 4/c cadets may be
awarded by the Company Guidon bearer. Any 1/c or 2/c cadet, or non-hearing
authority officer, senior enlisted member, or instructor may recommend EMI to
the respective cadet’s Company Officer or Chief. Such recommendations will be
adjudicated by Company Officer or Chief and documented in REGIS.

Assignment of EMI must be done in writing.

EMI must not be assigned for greater than two hours per day, nor for greater than
fourteen training sessions or, if not on consecutive days, for greater than one
month total training time before completion. EMI must not be conducted over a
period that is longer than necessary to correct the deficiency necessitating the
extra instruction.

EMI may not conflict with authorized religious or required academic, athletic, or
military responsibilities.

EMI must be supervised by an approved authority. Normally, this will be the

person assigning EMI or an approved member of the cadet chain of command.

59
 EMI will be terminated upon completion of the training period or upon
determination by the EMI supervisor that the deficiency has been corrected.

Administrative Withholding of Privileges. Privileges are benefits, advantages, or

favors granted by the command for the enjoyment of an individual. Certain privileges
may be withheld administratively to correct a performance deficiency.

Privileges that may be withheld include, but are not limited to:

(a) Wearing civilian clothes or recreation gear,

(b) On-base driving access,

(c) Access to on-base morale areas like Steel Beach or Dry Dock, or on-base
morale events,

(d) Long/short weekends.

Authority to withhold a privilege administratively rests with the level of authority

empowered to grant the privilege, and a Class I Hearing Authority.

The administrative withholding of privileges may be made orally or in writing.

Deprivation of normal liberty privileges as a punishment, except as specifically

authorized under the UCMJ or this Manual, is illegal.

Recommendation for Suitability for Service Probation. Suitability for Service

Probation is a tool used to warn cadets of chronic conduct and performance
deficiencies, to provide oversight of that cadet’s remediation, and to document
unsuitable performance for use in a Suitability for Service Hearing under this Manual.
The terms of a cadet’s Suitability for Service Probation must be outlined in writing.
Cadets who violate these terms of this probation will normally result in disenrollment
proceedings.

CGA Chiefs’ Council. A formalized meeting with the Company Chiefs to discuss a
cadet’s misconduct or performance deficiency. A Chiefs’ Council will be documented
in REGIS utilizing code 4000 and an email to the Commissioned Conduct Officer.

Recommendation for Disenrollment. Disenrollment is an administrative decision

available to the Superintendent to separate cadets who have demonstrated an inability
to conform to the Coast Guard’s Core Values, military lifestyle, or academic and
physical rigors of the CGA. The Superintendent shall carry out disenrollment
decisions in accordance with this Manual.

At Class I or Suitability for Service Hearings, the Hearing Authority may award Core
Values Remediation in accordance with reference the SUPTINST 1531.9. SUPTINST
1531.9 outlines all program roles, responsibilities, and requirements. The

60
 Commissioned Honor Officer is responsible for the oversight and management of this
remediation program.

2. Limitations on Disciplinary Measures.

The maximum combined discipline that can be awarded at Class I Hearings is limited
by the rank of the Class I Hearing Authority. The limitations in Figure 4 apply to each
instance of punishment, not to each offense.

61
 Figure 4: Limitations of Class I Hearing Authority

Disciplinary Commandant Asst. Regimental Regimental Company

Measure of Cadets Commandant Officer/Company Commander Commander
of Cadets Officer

Demerits Unlimited Unlimited 150 75 60

Restriction Unlimited Unlimited 60 days 28 days 21 days

Marching Tours Unlimited Unlimited 50 hours 10 hours 8 hours

Work Hours Unlimited Unlimited 50 hours 10 hours 8 hours

Extra Military Duty Yes Yes Yes Yes Yes

Withholding of Yes Yes Yes No No

Privileges

Reduction in Class Yes Yes No No No

Rank

Suspension from Yes Yes No No No

intercollegiate sports,
club sports or activities

Loss of leave periods Yes Yes No No No

Initiate Yes Yes Yes No No

Recommendation for
Disenrollment

Recommendation for Yes Yes Yes Yes No

Suitability for Service
Probation

62
 Suspended/Deferred Sanctions.

A Class I Hearing Authority may suspend sanctions awarded at a Class I Hearing

when, in their judgment, the cadet has already made significant steps to
internalize the lessons from their violation of the cadet regulations, such as
coming forward on their own to admit the violation and taking significant steps
through the chain of command to make amends.

A Class I Hearing Authority may defer sanctions awarded at a Class I Hearing

when, in their judgment, the severity of the offense is not considered egregious
enough to warrant restricting the cadet during defined leave periods, or when it is
determined that restriction during the Summer Training Program may severely
impact the cadet’s successful completion of their Summer Training Program. In
the former case, the cadet’s restriction will normally be deferred to commence or
recommence at 0700 the day after the Corps of Cadets is required to return from
leave. In the latter case, restriction will normally be deferred until the start of the
Fall Conduct Term.

3. Review.

In coordination with the Office of Inclusion and Diversity (OID) and Institutional
Research Board (IRB), Cadet Branch will analyze cadet disciplinary actions on an
annual basis to ensure that such actions did not disproportionately affect a particular
race, ethnicity, or gender.

63