CHAPTER 2 - THE HONOR SYSTEM

201. The Honor System

202. History of the Honor Code and the Honor System

203. Responsibilities and Composition

204. Individual Duties

205. Line of Authority

206. Officer Involvement within the Honor System

207. Election Procedures

208. Removing Honor Committee Members

209. Suspending Honor Committee Members

201. THE HONOR SYSTEM. The Honor System has dual functions. The larger and more encompassing purpose is education. The Four Year Honor Education Guide, The CBT Education Guide, The CFT Education Guide, The Honor Reading Packet and Cadet NCO Honor Education Guide, published as separate annexes, address honor education. The second purpose includes investigations, or the procedures followed when a suspected honor violation is reported. These procedures are covered in Chapter 3.

202. HISTORY OF THE HONOR CODE AND THE HONOR SYSTEM. For the purpose of the following description, "Honor Code" refers to the shared understanding of the Code during a given historical period; "Cadet Honor Code" refers to the formal, written Code during a given period.

a. Origins. The history of the Honor Code goes back to the earliest days of the Military Academy. The original Honor Code at USMA was derived from the Code of Honor that existed within the Officer Corps and meant that a cadet was honest and his word was his bond. It appears that by the 1820s, under the leadership of Superintendent Sylvanus Thayer, the terms Honor Code and Code of Honor were part of cadet vernacular. Interpretation of what the Honor Code was, however, varied among cadets and officers throughout the 19^th Century and remained a social construct communicated by oral tradition. Enforcement likewise varied but was primarily a responsibility of the administration until the latter part of the century when the Corps of Cadets formed the Vigilance Committee to resolve matters of personal honor without officer intervention.

b. 20^th Century Changes. By the dawn of the 20^th Century, it appears that there was a general consensus at West Point that the Honor Code prohibited lying, stealing, tolerating, and, although with less unanimity, cheating. In addition, the Bugle Notes began including sections on Honor, although not yet in specific terms of a succinctly written Code. The first major step toward formalization came in 1924 when the Superintendent, BG Douglas MacArthur, formed a recognized Honor Committee. Using the procedures established by the Vigilance Committee, the Honor Committee formalized the adjudication system in 1926 using a two-tiered process.

The first tier was the review by the Cadet Honor Committee. Those cadets found guilty by the Cadet Committee could go to the second tier, an officer review board in which protection of due process rights was more substantial. But the cadets still effectively overruled the officer boards by imposing the "cut," later called the "silence". This cadet practice, which originated long before the formalization of the System, called for the ostracizing of cadets found innocent by officers and returned to duty in the Corps. Few cadets could withstand the pain of silencing, and so few cadets went through the formality of an officer board.

Contrary to common belief, the Honor Committee existing as a punitive body is not an old tradition of the Academy. At that particular time in the past when it first assumed for itself the right to punish officially and by legislative action another cadet, it exceeded its authority. It appears that in the past, the Corps occasionally took this "silence" action unofficially, but by no published and concerted action, and in time this action established a wrongful precedent…You have no right to "silence." There is no longer such a thing as "silence." Forget about it.

 

Ernest W. Carr, Honor Committee Chairperson, USMA ’29

c. First Publications. In the summer of 1932 the Honor Committee took the initiative of "establishing uniform observations of the CODE OF HONOR." Written primarily by the B Company Honor Representative, Cadet L. J. Lincoln, ’33, this document represents the first attempt to codify the heretofore oral tradition of the Honor Code. This Code of Honor, however, did not include a succinct definition of the Honor Code; rather, it provided guidelines for specific cadet activities: academic work, official statements, absence cards, signatures, and so on.

The Superintendent in 1947, MG Maxwell Taylor, drafted the first official Honor Code Publication, entitled, the West Point Honor System. This publication stated that "the [Honor] System has never outgrown its simple meaning – that a cadet will neither lie, cheat, nor steal." This statement became the foundation for future Honor System publications, which used derivations of the above sentence as the Cadet Honor Code. It is interesting to note, however, that members of the Honor Committee from this time period do not recall ever seeing or using this book. It appears that although MG Taylor attempted to write a Code in a succinct sentence, the Honor Committee continued to use the term "Honor Code" to refer to the entire system. CDT Gallagher, the Chairman of the Honor Committee, related the basic tenets of this Code to the new cadets in 1950. They consisted of truthfulness, not-cheating, not-quibbling, impartiality and non-toleration.

d. Non-Toleration. Although some confusion exists about non-toleration before 1970, evidence points that non-toleration has been a fundamental part of the Code throughout the 20^th Century. In fact, the 1947 Bugle Notes state that "Every man is honor bound to report any breach of honor which comes to his attention." These were the words Cadet Gallagher used in his 1950 Beast Barracks address to the new cadets in their first Honor Class. Not only did the Academy espouse non-toleration, it enforced it, as evidenced by the fact that several cadets left the Academy for tolerating when widespread cheating was discovered in 1951. Furthermore, the non-toleration tenet has been a key component of the Honor Code since the earliest attempts at promulgation. The 1908 Bugle Notes states: "The high standards of integrity for which the institution is famous cannot be maintained if toleration for such is known. A thief, a liar and a coward cannot be extenuated in the eyes of the Corps, and it is no part of the function of West Point to become a reformatory of morals." The written Cadet Honor Code, however, did not formally include the toleration clause until 1970: "A cadet will not lie, cheat, or steal, nor tolerate those who do."

e. Grammatical Correction. In October of 1998, the Cadet Honor Committee voted to make a change to the Code in order to make it grammatically correct. In conjunction with the Department of English, the committee created the corrected Code, "A cadet will not lie, cheat, steal, or tolerate those who do." While this correction did change the Code, the meaning of the code was not altered.

f. Systemic Changes. After a contentious honor case in 1973, which resulted in the "silencing" of a cadet, the Corps itself voted to end the practice. Immediately afterward, the number of cases going to officer boards rose. Cadet support and belief in the Honor System reportedly suffered because there were two different review boards applying what cadets interpreted as two different standards to almost every case. Without the "silence," Cadet Honor Boards became powerless since officer boards often overturned cases. Within three years, the EE304 honor scandal occurred. Approximately 150 Second Class cadets were found for cheating on a take home exam. In its aftermath the cadets voted, a month before the Borman Commission issued its report, to alter the System to provide single review with due process. The Borman Commission recommendations resulted in significant procedural changes and in the establishment of the Special Assistant to the Commandant for Honor Matters. COL Hal Rhyne first held the position in 1976. From then until 1998, the "SAH" served as the only officer with direct supervisory role over the administration of the Honor Code and System.

g. Discretionary Authority. Another change that may have its roots in the 1976 "EE scandal" is the sanctioning of cadets who violate the Cadet Honor Code. Prior to 1976, the Academy separated nearly every cadet found in violation of the Honor Code. Prior to 1940 and after 1976, the Academy used multiple sanctions; during this time, however, the Academy separated nearly every cadet who violated the Honor Code. The unwritten assumption during those years was that anyone who lies is a liar. After 1976, some exceptions were made, and in August of 1991, the Secretary of the Army officially delegated "discretionary authority" to the Superintendent (the power to impose a sanction less than separation without the Department of the Army (DA) approval). Superintendents have "exercised discretion" for cadets whom they believe have potential for service as trustworthy officers. The Academy has shifted from the old automatic assumption about those who violate the Honor Code to the belief that a dishonest act is one of two things: an aberration or a manifestation of one’s character.

With the advent of discretionary authority, cadets who violate the Cadet Honor Code but are not separated are enrolled in an Honor Mentor Program. A staff or faculty officer mentors the cadet for at least six months. Aside from meeting frequently with the mentor, the cadet participates in several developmental activities that include a self-assessment, teaching part of an honor class, and doing a rehabilitative project related to the offense. In these cases, when individual have demonstrated strong performance and possess the potential for outstanding service, this program offers them the opportunity to rehabilitate from their mistake.

h. CPME and Honor Education Officer. In 1998, USMA created the Center for the Professional Military Ethic (CPME). This center supports and oversees the offices of USMA’s two fundamental values – honor and respect. The Commandant also authorized the position of Honor Education Officer. The Honor Education Officer supervises the Honor Education Program while the SAH retains oversight of the operational portion of the Cadet Honor System.

i. Vice Chairperson for Mentorship. In conjunction with the rise of CPME, the Commandant approved an additional position to the Cadet Honor Committee Executive Staff. The first Vice Chairperson for Mentorship was elected in January of 1999. The Vice Chairperson for Mentorship's primary mission is to supervise the progress of cadet enrolled in the USMA Mentorship Program. The Cadet Honor Committee Executive Staff requested the position in order to ensure cadet representation in every aspect of the Honor System, to include the Mentorship Program.

j. Note on Cheating. In the 1820's, Sylvanus Thayer was the first Superintendent to expand the Code to include cheating, but apparently it did not remain a fixture within the Code because the historical records suggest that the institutional response to cheating varied over the succeeding 100 years. In 1905, a USMA official responded to an external inquiry by saying that a cadet caught cheating would be punished severely but would not necessarily be dismissed. Soon after that, the Superintendent brought cheating back under the Honor Code, with the Academic Board formalizing it in 1926. Even so, during the 30's and 40's there were debates about whether first offenses of cheating should be punished by dismissal. Whether cheating included writing on an exam after the command, "cease work," was not decided until 1954, when the Cadet Honor Committee reversed their predecessors and declared it to be a violation.

203. RESPONSIBILITIES AND COMPOSITION.

a. Corps and Committee Responsibilities. Responsibility for insuring adherence to the Cadet Honor Code rests with every cadet at the United States Military Academy. However, the United States Corps of Cadets directly charges the Cadet Honor Committee with the supervision and administration of the Cadet Honor System. Specific responsibilities of the Cadet Honor Committee to the Corps of Cadets include:

(1) Supervising and administering the Honor Code and Honor System

(2) Representing the best interest of the Corps of Cadets in honor matters

(3) Educating the Corps of Cadets concerning the Honor Code and Honor System

(4) Processing alleged violations through thorough, objective investigations and fair, impartial hearings

(5) Promoting an environment which will support the Honor Code and Honor System

(6) Monitoring the ethical development and ethical climate of Corps of Cadets

(7) Assisting all cadets in developing a high sense of integrity essential to their broader understanding of the professional Army ethic

b. Honor Committee Composition.

(1) Cadet Honor Committee. The Cadet Honor Committee is comprised of Company Honor Representatives and the Executive Staff. Each company has one elected First Class and one elected Second Class Honor Representative on the Cadet Honor Committee. In addition, during the first semester of each academic year, the Third Class in each company elects a Third Class Representative to assume Representative responsibility on 1 May.

(2) Executive Staff. The Executive Staff is comprised of: the Chairperson; Executive Officer; Secretary; Vice Chairperson for Education; Vice Chairperson for Investigations; Vice Chairperson for Liaisons; Vice Chairperson for Special Projects; and the four Regimental Honor Representatives. While the Executive Staff members have individual duties specific to their unique job assignments, they can act in assistance to one another and carry out the duties of their fellow staff members. This flexibility ensures that the Honor System can continue to function under any circumstance.

(3) Ex Officio Members. The Brigade Commander and the Brigade Command Sergeant Major act as non-voting, ex officio members of the Cadet Honor Committee.

204. INDIVIDUAL DUTIES.

a. Chairperson of the Cadet Honor Committee. The Chairperson of the Cadet Honor Committee is the senior cadet in the Corps with responsibility for the handling and interpretation of honor matters. The Chairperson is responsible to the Corps of Cadets, the Honor Committee, and the Brigade Commander for the administration of the Honor System. The Chairperson coordinates and provides supervision over all aspects of honor education and investigations and is responsible for the general functioning of the Honor Committee. Specific duties include:

(1) Advising the Commandant of Cadets and the Superintendent

(2) Setting the Cadet Honor Committee’s vision

(3) Acting as the official spokesperson for the Cadet Honor Committee to all agencies outside the Honor Committee

(4) Leading the Committee in interpreting the Cadet Honor Code and in making recommendations to the officer chain of command related to Honor matters

(5) Presiding at Honor Committee meetings

(6) Resolving matters of discipline within the Honor Committee IAW this pamphlet

(7) Coordinating with the Brigade Commander to update the leadership among the Corps of Cadets about issues pertaining to the Honor Code and the Honor System

(8) Providing the Honor Education Officer and Cadet Honor Committee with After Action Reviews for conferences and training sessions

(9) Overseeing the election of Company Honor Representatives and the election of the succeeding Executive Staff and regimental Honor Representatives from within the Honor Committee

(10) Maintaining a continuity file in order to facilitate the education of the rising Chairperson

(11) Performing other duties as determined by the Commandant, SAH or EO

b. Executive Officer (XO). Under the supervision of the Chairperson, the Executive Officer regulates and supports the Executive Staff of the Honor Committee in their responsibilities toward their duties. Specific duties include:

(1) Performing the Chairman’s duties and functions as necessary

(2) Organizing and facilitating Cadet Honor Committee and Executive Staff meetings

(3) Supervising and supporting the VCE, VCI, VCL, VCSP, and Secretary in the completion of their duties

(4) Acting as the point of contact for Staff duties and ensuring that all responsibilities are tasked to the Staff in an appropriate and timely manner

(5) Ensuring "quality control" of all Cadet Honor Committee proceedings and actions

(6) Coordinating with the Brigade Executive Officer in order to keep the Staff informed of administrative requirements, command information and other pertinent information

(7) Establishing and revising Standard Operating Procedures for AY and summer training periods

(8) Providing all logistical support and planning for trip sections and other activities

(9) Maintaining a continuity file in order to facilitate the education of the rising Executive Officer

(10) Performing other duties as determined by the SAH, EO or Chairperson

c. Vice Chairperson for Investigations (VCI). Under the guidance of the Chairperson and the supervision of the Executive Officer, the Vice Chairperson for Investigations (VCI) supervises the Cadet Honor Committee investigations of suspected violations of the Honor Code. Specific duties include:

(1) Ensuring that all honor investigations are performed professionally and IAW this pamphlet.

(2) Acting as liaison between regimental Honor Representatives, the Chairperson, the SAH, and the Office of the Staff Judge Advocate to ensure a coordinated investigation

(3) Maintaining control of all sensitive documents pertaining to cases under investigation

(4) Providing the Commandant, through the SAH, a memorandum outlining the deciding factors in the recommendation to forward or drop the investigation of an Honor Code violation

(5) Forwarding to the Commandant, through the SAH, all other recommendations for referring charges of Honor Code violations to Honor Investigative Hearings

(6) Maintaining statistical data on all honor investigations

(7) Supervising the training of Second Class Company Honor Representatives, as well as those First Class Representatives replacing elected officers, to ensure they are qualified to fulfill their investigative duties

(8) Maintaining a continuity file in order to facilitate the education of the rising VCI

(9) Performing other duties as determined by the SAH, EO or Chairperson

d. Secretary, Cadet Honor Committee (SEC). Under the guidance of the Chairperson and the supervision of the Executive Officer, the Secretary of the Honor Committee has staff responsibility for the internal communication and coordination of activities within the Cadet Honor Committee. Specific duties include:

(1) Maintaining a separate file of all case summaries and case related communication for the Cadet Honor Committee

(2) Performing administrative functions in support of Honor Investigative Hearings

(3) Assisting in the preparation of the list of proposed members (random selection) of Honor Investigative Hearings for submission to the Commandant

(4) Notifying selected members of Honor Investigative Hearings and ensure that they understand their duties and responsibilities

(5) Serving respondents hearing notification papers

(6) Notifying cadet witnesses of Honor Investigative Hearings (HIH)

(7) Training cadet presidents (CP) on the standard operating procedures of the Honor Investigative Hearings

(8) Maintaining statistical data on the results of Honor Investigative Hearings

(9) Maintaining a continuity file in order to facilitate the education of the rising Secretary

(10) Preparing hearing results for XY Cases to include ‘Not Found’ Memoranda and disseminating necessary information to the Corps of Cadets

(11) Performing other duties as determined by the SAH, EO or Chairperson

e. Vice Chairperson for Education (VCE). Under the guidance of the Chairperson and the supervision of the Executive Officer, the Vice Chairperson for Education (VCE) is responsible for planning and providing staff supervision of the education of the Corps concerning honor matters. Specifically, the VCE is charged with supervising the preparation of honor instruction during Cadet Basic Training, Cadet Field Training, and the academic year. The VCE must also work with the VCL to educate the USMA faculty, staff, and community concerning honor matters. Specific duties include:

(1) Supervising and coordinating the planning and execution of all aspects of Honor Education

(2) Evaluating the quality of Honor Education and providing feedback to the Chairperson, Committee members, and the EO

(3) Directing and supervising the publication of lesson plans, syllabi, film clips, movies and any other instructional materials

(4) Supervising the training of CHRs

(5) Evaluating the level of cadet understanding of the Honor Code and System by cadet classes; developing training programs to reinforce weak areas or to correct misunderstandings

(6) Coordinating, through the Honor Education Officer, the invitation of all educational speakers to include those speaking during the CBT/CFT details

(7) Coordinating with the Cadet Brigade Command Sergeant Major to ensure effective execution of the NCO Honor Guide

(8) Maintaining a continuity file outlining any education feedback, education improvement ideas and recommended changes to the Four Year Honor Education Guide and providing ideas for change to the Honor Education Officer and to the rising VCE

(9) Performing other duties as determined by the EO or Chairperson

f. Vice Chairperson for Liaisons (VCL). Under the guidance of the Chairperson and the supervision of the Executive Officer, the Vice Chairperson for Liaisons (VCL) supervises the administration of the Cadet Honor Committee Liaison Program. Specific duties include:

(1) Directing and supervising the Honor Committee liaisons with respect to their responsibilities as a department or agency liaison

(2) Coordinating with the SAH and EO to provide the Honor Code orientation for the staff and faculty of the Military Academy, visitors, and distinguished guests

(3) Coordinating with the VCI to prepare briefs explaining lessons learned from all pertinent cases and distributing them to each cadet company and the USMA Staff and Faculty

(4) Ensuring, in coordination with the VCI, that all investigations initiated within a department are performed professionally and IAW this pamphlet.

(5) Assisting any departments or liaisons with the proper execution of an approach for clarification involving computer use

(6) Ensuring, in coordination with the VCI, that updates on an investigation are provided to the respective departments or agencies

(7) Updating and maintaining both the internal and external "Honor Home Page"; in coordination with the XO, VCI, VCE, VCSP and Secretary, posting all necessary material on the Honor Home Page in a timely and appropriate fashion

(8) Maintaining a continuity file in order to facilitate the education of the rising VCL

(9) Performing all other duties as determined by the SAH, EO or Chairperson

g. Vice Chairperson For Special Projects (VCSP). Under the guidance of the Chairperson and the supervision of the Executive Officer, the Vice Chairperson for Special Projects (VCSP) is responsible for the planning and execution of all relevant conferences, meetings, and briefings. Specific duties include:

(1) Coordinating the execution of the Fall Honor Conference, the National Conference on Ethics in America (NCEA), the Winter Honor Conference, the Spring Honor Conference, and the New Honor Representative Meeting

(2) Coordinating all logistical support for Honor Committee conferences

(3) Providing the Honor Education Officer and the XO a memorandum outlining the long and short term goals for the NCEA

(4) Providing key dates and individual NCEA missions for each Executive Staff member NLT Graduation Week

(5) Coordinating all logistical and administrative publications necessary for the NCEA. Ensuring invitations and all other necessary publications are sent to the participating members during the summer training months

(6) Providing the participating members of the NCEA with the official agenda

(7) Maintaining a continuity file in order to facilitate the education of the rising VCSP and begin planning for the next NCEA (after the current class graduates)

(8) Organizing additional projects deemed necessary by the Chairperson in order to address current honor issues

(9) Performing other duties as determined by the EO or Chairperson

h. Vice Chairperson for Mentorship (VCM). At the publication date of this manual, the Vice Chairperson for Mentorship is an additional duty held by a Company Honor Representative. Under the guidance of the SAH, Chairperson and the supervision of the Executive Officer, the Vice Chairperson for Mentorship is responsible for the monitoring of all cadets in the mentorship program. Specific duties are currently being determined by the Cadet Honor Committee Executive Staff under the guidance of the SAH.

i. Regimental Honor Representative (RHR). The Regimental Honor Representatives are responsible for Honor matters within their respective regiments. The Regimental Honor Representatives are directly responsible to the Regimental Commander and the Chairperson. They are the principal advisors to their cadet regimental Commanders and Regimental Tactical Officers on honor matters in the regiment. Within the Cadet Honor Committee, they advise the Chairperson on honor matters within their respective regiment. Specific duties include:

(1) Serving as the senior cadet in supervising all honor related matters in the regiment

(2) Appointing investigative teams and supervising investigations within the regiment, ensuring they are thorough, professional, and IAW this pamphlet.

(3) Supervising the planning and execution of Honor Education within the regiment

(4) Attending Honor Classes within the regiment and providing feedback as appropriate to CHRs and the VCE

(5) Providing feedback and suggestions to appropriate members of the Executive Staff to keep them informed of pertinent issues in each regiment

(6) Serving as advisor to the Regimental Commander and Regimental Tactical Officer involving honor matters for the regiment

(7) Acting as a liaison between the Honor Committee Executive Staff and Company Honor Representatives in the regiment

(8) Attending Honor Investigative Hearings within the regiment

(9) Attending meetings with the Commandant and Superintendent - making well informed recommendations on the disposition of found cadets based on personal knowledge of both the investigation and the HIH

(10) Serving in other Executive Staff positions as needed during summer training

(11) Maintaining a continuity file in order to facilitate the education of the rising RHRs

(12) Performing other duties as determined by the SAH, EO or Chairperson

j. Company Honor Representatives (CHR). The Company Honor Representatives provide the link between the Corps and the Honor Committee. Within the Cadet Honor Committee, they are responsible to the RHRs. They are the principal advisors to their cadet Company Commanders and Company Tactical Officers on honor matters in the company. They assist Company Commanders in educating their companies concerning the Honor Code and Honor System. With their expertise and knowledge, they ensure that prescribed honor material is covered during classes, seminars, and meetings within their companies. Company Honor Representatives shall also perform any additional duties assigned by the RHR. Specific duties include:

(1) Serving as the point of contact within the company on all honor matters

(2) Representing the views of their company in the Honor Committee Matters

(3) Advising cadets in their company on honor matters

(4) Serving as members of an investigative team when appointed

(5) Serving as members of Honor Investigative Hearings

(6) Educating their companies IAW the Four Year Honor Education Guide

(7) Ensuring that all cadets in their companies remain well informed about matters related to the Honor Code and System

(8) Advising the cadet Company Commander and the Company Tactical Officer on all honor matters

(9) Serving as either a liaison or board president (1° members only)

(10) Soliciting feedback from and represent the company on honor matters

(11) Making initial recommendation for all reported or suspected honor violations in their companies within two (2) working days after receiving the reports of suspected violations

k. Honor Committee Liaison. Honor Committee members assigned as Honor Committee Liaison Representatives provide the link between the Honor Committee and the various agencies at the Military Academy. The main function of the liaison Representatives is to provide an exchange of information between specific agencies and the Cadet Honor Committee. Liaison Representative duties include:

(1) Conducting orientations for members of respective academic departments, agencies, units, and directories

(2) Assisting in answering questions from USMA organizations about the Honor Code, its administration, and Honor Committee procedures

(3) Providing organizations with written information to include Honor Committee rosters, case briefs, and current policies

(4) Assisting the Company Honor Representatives, investigative teams, and regimental Honor Representatives in investigating possible honor violations occurring in the various organizations; advising the initiating organization of the Committee's findings and actions

(5) Keeping their officer liaison counterparts informed on the status of cases that rise from within that particular organization

(6) Educating and orienting their respective department or agency on honor matters

l. Honor Investigative Hearing Cadet Presidents. Honor Committee members assigned as Cadet Presidents are responsible for the administration of the HIH as well as each member’s behavior throughout the entirety of the HIH. The main function of the Cadet President is to preside over the hearing in accordance with instructions from the Secretary of the Cadet Honor Committee, the SAH, and the Hearing Officer. For specific duties, see Chapter 3, paragraph 304.

m. Honor Committee Members as Cadet Advisors. Honor Committee members may not sit as cadet advisors to cadets facing an Honor Investigative Hearing. Because we aim to afford the respondent a fair and impartial hearing, the Cadet Honor Committee recognizes that a member acting as an advisor could inadvertently influence the board members. Exceptions to this rule must be requested through the Chairperson, Cadet Honor Committee.

n. Honor Committee Members as Merit and Character Witnesses. Honor Committee members who have a direct involvement to the merit of a respondent or the facts of the case (i.e. witnessed an action) may serve as merit witnesses during an HIH. However, Honor Committee members may not appear as character witnesses due to the possibility of their position on the Honor Committee inadvertently influencing the board members. Exceptions to this rule must be requested through the Chairperson, Cadet Honor Committee.

o. Honor Committee Members and Character Statements. Like the case of Character Witnesses, Honor Committee members may not submit character statements that appear in the board packet during an HIH. However, members may submit character statements following the finding of the HIH. These statements will be viewed by the cadet, the Chain of Command and the Superintendent during his review of the case. Exceptions to this rule must be requested through the Chairperson, Cadet Honor Committee.

205. LINE OF AUTHORITY. The line of authority within the Honor Committee serves as an administrative chain of command. The purpose of this relationship is to allow smooth functioning and operation of the Committee.

a. Within the Cadet Honor Committee:

(1) Chairperson, Cadet Honor Committee

(2) Executive Officer, Cadet Honor Committee

(3) Vice Chairperson for Investigations

(4) Secretary, Cadet Honor Committee

(5) Vice Chairperson for Education

(6) Vice Chairperson for Liaisons

(7) Vice Chairperson for Special Projects

(8) Vice Chairperson for Mentorship

(9) In order: 1^st RHR, 2^nd RHR, 3^rd RHR, 4^th RHR

(10) 1° CHRs beginning with Company A1 and proceeding alphabetically by regiment to Company H4.

(11) 2° CHRs beginning with Company A1 and proceeding alphabetically by regiment to Company H4.

b. Within Each Regiment:

(1) RHR

(2) 1° CHRs beginning with Company A and proceeding to Company H

(3) 2° CHRs beginning with Company A and proceeding to Company H

206. OFFICER INVOLVEMENT WITHIN THE HONOR SYSTEM. Although the Cadet Honor Committee ultimately maintains and operates the Honor System, officer involvement is an integral part of the supervision and mentorship of the Honor System and the Corps of Cadets. The Superintendent, United Stated Military Academy; Commandant, United States Corps of Cadets, and the Special Assistant to the Commandant for Honor Matters act as the command group to the Cadet Honor Committee.

Composed by William E. Anderson, Chairperson USMA ’76

a. Superintendent, United States Military Academy. The Superintendent serves as the approving authority of all Honor Investigative Hearings. (S)he will review the entire record of an Honor Investigative Hearing, including the Staff Judge Advocate’s review any matters offered by the Commandant and the respondent, any additional matters related to the respondent and then proceed to take action on the matter.

(1) The Superintendent is bound by a finding of "no violation" by the HIH.

(2) The Superintendent is not bound by a finding of a violation by the HIH or by an HIH's recommendations. The Superintendent may approve only such findings that are supported by sufficient evidence.

(3) While the Superintendent normally separates cadets found to have violated the Cadet Honor Code, he may exercise discretionary authority to retain the respondent in the Corps of Cadets. The Superintendent may, if he exercises this authority, direct developmental activities and restrictions to enhance the rehabilitation process.

(4) If the Superintendent approves the finding of a violation of the Cadet Honor Code and elects not to exercise his discretionary authority to retain a cadet, he will forward the case to Headquarters, Department of the Army, with recommendations for final action.

b. Commandant, United States Corps of Cadets. The Commandant serves as the convening authority for all Honor Investigative Hearings. He will review the Vice Chairperson for Investigation’s recommendations to forward an investigation to an Honor Investigative Hearing. The Commandant then decides whether or not to convene an Honor Investigative Hearing. The Commandant is not bound by the VCI’s recommendation. The Commandant will review the results of the HIH and normally interview those cadets found by an HIH to have committed a violation of the Honor Code. The Commandant will then make a recommendation to the Superintendent reference the disposition of the found cadet.

c. Special Assistant to the Commandant for Honor Matters (SAH). The Special Assistant to the Commandant for Honor Matters serves as the primary adviser to the Superintendent and Commandant on all honor related matters. The SAH also serves as the primary supervisor of cadets serving on the Cadet Honor Committee. Some of the SAH’s duties include:

(1) Closely monitoring the operation of the Honor Code and System

(2) Serving as the primary link between the Executive Staff and the Superintendent, Commandant, Brigade Tactical Officer, and Staff Judge Advocate

(3) Supervising the military development and operation of the Executive Staff of the Honor Committee

(4) Representing the Commandant for all matters relating to hearings and investigations; soliciting decisions directly from the Commandant for issues appropriately handled at the convening officer level

(5) Ensuring Honor Investigations are thoroughly and professionally conducted

(6) Assisting in the preparation and execution of Honor Investigative Hearings to include:

(a) Coordinating with the Office of the Staff Judge Advocate to schedule the time and date of the hearing as well as the assignment of a hearing officer and hearing reporter.

(b) Providing the respondent with a letter of notification which serves as notice of a hearing and which delineates the respondent's rights before, during and after the hearing

(c) Ensuring that the respondent and hearing officer are provided a copy of the case folder at least seven (7) calendar days prior to the scheduled date of the HIH

(d) Ensuring the respondent receives (from the Secretary) the letter of notification and a copy of the investigation folder

(e) Coordinating with S-1, USCC, and the Office of the Staff Judge Advocate to determine whether other separation actions are pending

(f) Coordinating hearing witnesses as determined by the Commandant's referral letter

(7) Managing the review process after found hearings; preparing a recommendation for the Superintendent; drafting the Commandant’s recommendation to the Superintendent; and keeping the BTD and appropriate academic departments informed of case statuses

(8) Maintaining historical and statistical databases

(9) Managing honor mentorship programs for cadets found by a HIH to have violated the Cadet Honor Code

(10) Assisting the Honor Committee in publishing Honor System-related publications

(11) Providing input to the Education Officer for matters relating to education and conferences

(12) Providing Honor System information to the entire United States Military Academy community

(13) Serving as the Officer in Charge of the Executive Staff CBT/CFT Honor Detail and coordinating with USCC to ensure that the Executive Staff members meet their summer training requirements

d. The Honor Education Officer (EO). Responsible for the Honor Education curriculum in terms of overall structure, achievement of educational goals, pedagogy and lesson plan content (delegates lesson plan content for the first two years to the VCE). In addition the Honor Education Officer is responsible for:

(1) Coordinating the Honor Education Program with the Respect Program and other character development efforts across the curriculum

(2) Planning, scheduling, and executing Honor Education throughout the year

(3) Planning and executing all internal honor conferences, the National Conference on Ethics in America at West Point, and external conference participation

(4) Supervising the military development and operations of the VCE and VCSP

(5) Managing the Honor Education Library

(6) Managing the CHET program

(7) Assisting other universities and DA organizations as requested (Outreach)

(8) Assisting the executive staff publish education and conference-related documents

(9) Maintaining the internal and external Honor web pages

(10) Providing Honor Education information to the entire USMA community

e. Company Honor Education Team (CHET). "CHETs" include senior members of the staff and faculty, the Company Tactical Officers and Non-Commissioned Officers, the Cadet Company Commander and members of the Cadet Honor Committee. Members of the CHET often participate in open discussion during honor education in order to give cadets "Real Army" application to the lessons taught within the four years of honor education. Individually, members of the CHET also assist cadets in understanding and applying the Honor Code.

f. Honor Committee Liaisons. Within the USMA academic departments and selected agencies, officers or individuals may act as a department liaison to the Cadet Honor Committee. Theses officers have cadet liaison counterparts from the Honor Committee who make informal contact with the academic departments and selected post agencies and USMA staff sections. These contacts provide the opportunity for open discussion of potential or actual problems concerning the state of health of the Honor Code and System and ensure positive communication between the cadet and officer chains of command.

g. The Superintendent's Honor Review Committee (SHRC). The SHRC provides the Superintendent a reflective examination of specific issues concerning the Honor System. Wide representation results in an informed perspective in the annual report and provides a means of disseminating information throughout the Command.

207. ELECTION PROCEDURES.

a. Third Class Cadets. Third class cadets from each cadet company will elect their Honor Representative in the fall semester during the honor class dedicated to this purpose.

b. First and Second Class Cadets. If a First or Second Class Company Honor Representative can no longer serve in that capacity, the company will hold elections for a new representative at the earliest opportunity.

c. Election of Executive Staff. Near the end of the first semester, the Second Class members of the Cadet Honor Committee elect the Executive Staff officers for the following year. The Committee will first fill the Chairperson, the Executive Officer, the four Vice Chairpersons, and the Secretary positions. At a later date during first semester, the Company Representatives from each regiment will elect their respective Regimental Honor Representatives.

d. Honor Committee Candidate Qualifications.

(1) Company Level Qualifications. Cadets are ineligible to be Company Honor Representatives if they:

(a) Have been found to have violated the Honor Code by an HIH

(b) Have been found deficient during a Conduct Investigation

(c) Have less than a 2.0 APSC

(d) Are currently unsatisfactory in conduct (two Field Grade Article 10 or two-thirds over six month demerit allowance)

(e) Are undergoing review for possible separation for any reason

(f) Are presently deficient in physical education

(2) Executive Staff Qualifications. All nominees for Executive Staff must meet the company level qualifications, listed above, at the time of the election. In addition, the Commandant may review and disapprove Executive Staff nominations. The Commandant will normally review matters to which the Honor Committee members do not have access. These include areas such as the conduct history of the cadet and his/her general performance as indicated by the various entries on the Cadet Record Brief (both "front" and "backside").

e. Assumption of Duties.

(1) Regimental and Company Honor Representatives. The newly elected RHRs and Second and Third Class CHRs assume the next level duties on 1 May. These duties include investigations, education, HIH Presidents, and Department Liaisons. The transition allows for the incoming staff and committee members to work under the supervision of the outgoing staff and First Class members while allowing the rising second class and first class to experience job autonomy.

(2) Executive Staff-elect. The Executive Staff-elect will work along side the Executive Staff throughout the second semester. The First Class Representatives are responsible for preparing the Second and Third Class Representatives for their new duties. During this period, the Second Class staff will assist the First Class staff and learn the detailed mechanics of their respective jobs. These elected officers, to include the Regimental Honor Representatives, will move out of company to be assigned to the Brigade Honor Staff at the beginning of the second semester. The Executive Staff-elect’s primary responsibility will be to learn the practical application of their roles. They will also prepare the following summer's education program, as well as conduct preliminary work on the following year's honor education program.

(3) Replacements. Each of the companies from which the Executive Staff officers were elected will elect replacement honor representatives from the Second Class. This provision ensures that there will be a First Class honor representative in each company who is free from the administrative and supervisory duties of the Honor Committee Executive Staff.

(4) Exceptions. If a First Class cadet is to either appear before an HIH or is undergoing an investigation after 1 May, the First Class Honor Representatives and First Class Executive Staff will process the case.

208. REMOVING HONOR COMMITTEE MEMBERS.

a. General. Serving as a Company Honor Representative is a charge of special trust and confidence and a privilege which involves great responsibility to both the Honor Committee and the cadets of the elected Honor Representative’s company. Therefore, either the Honor Committee or the representative’s company may initiate a request for review of an Honor Representative’s suitability for any of the following situations:

(1) Poor Attitude. The representative’s demonstrated attitude toward the Honor Code, the Honor System or the Honor Committee is unbecoming of an Honor Representative. This attitude may be demonstrated by the representative’s statements, actions, or both.

(2) Dereliction of Duties. The representative has been derelict in the performance of his or her duties as an honor Committee member, or has demonstrated apathy, disinterest, or inability to adequately perform his or her assigned duties.

(3) Unsatisfactory Character or Discipline. The Honor Representative has demonstrated poor moral character or serious discipline problems.

b. Resignation of an Honor Committee Member (to include executive staff members). In the event that any member of the Cadet Honor Committee no longer feels that he or she can perform his or her duties, the Committee member may choose to resign. The representative should take the following steps:

(1) Company Representatives. The CHR should provide a memorandum through the representative’s Regimental Honor Representative to the Chairperson outlining his or her reason for resigning. The Chairperson will then instruct the RHR to conduct an election within the former representative's company to elect a replacement representative. In the event that no one from that company elects to take the position, the company will remain without a representative for that class and the remaining representative will assume all company responsibilities. The Chairperson will report all such changes to the SAH in memorandum format and ensure the SAH has an updated list of Representatives.

(2) Executive Staff Members. The Executive Staff member should provide a memorandum through the Chairperson to the SAH outlining his or her reason for resigning. In the event the Chairperson is the resigning member, the memorandum should be routed through the Executive Officer. The resigning cadet may speak to the Committee in order to outline his or her reasons for resigning. If the resignee chooses not to do this, the senior staff member will then address the Committee on the occurrence. Since executive staff members occupy official cadet duty positions on brigade and regimental staffs, the Chairperson will inform the SAH who will inform the Commandant and appropriate members of the BTD.

The senior member will then conduct a Committee meeting for the appropriate class giving Committee members the option to nominate themselves or others for the vacant position. Within the particular class year, all members of the Cadet Honor Committee, to include Executive Staff members, are eligible for the vacant position. A follow-up meeting will be held within a reasonable time, not to exceed 2 weeks, from the nomination meeting in order to elect a member to the vacant position. If a current member of the Executive Staff is elected to the vacant position, an additional election will be held to fill the vacant position.

c. Automatic Removal of an Honor Committee Member (to include executive staff members). Certain circumstances warrant automatic removal from the Cadet Honor Committee. These include:

(1) Suspension or separation from USMA.

(2) Turnback for reasons other than medical.

(3) Found by Honor Investigative Hearing.

(4) Found deficient during a Conduct Investigation.

(5) June or December graduate for reasons other than medical (after normal class graduation).

(6) Found deficient by a Regulations, USMA Investigation.

d. Review and Removal of a Company Honor Representative by the Cadet Honor Committee. In the event that a member of the Honor Committee believes that one or more of the circumstances in paragraph 208a exist, he or she will notify the Chairperson of the Honor Committee and report his or her concerns.

(1) Chairperson Actions. The chairperson may take one of two actions:

(a) Require the reporting member of the Honor Committee to submit a petition outlining his or her allegations against another member of the Honor Committee. Twenty members of the Honor Committee (Third Class cadets would only participate if the initiative involved a Yearling) must support this petition. Upon receipt of this petition, the Chairperson will initiate a formal investigation.

(b) Present the aforementioned allegations before an Honor Committee meeting for discussion and a vote. A simple majority is again required to initiate formal investigation.

(2) Special Review Subcommittee (SRS). If a formal investigation is necessary, the Chairperson will convene a Special Review Subcommittee consisting of the Vice Chairperson for Investigations, the RHR from the representative’s regiment, and one Honor Representative-at-large from each of the other three regiments (from the class of the representative being investigated). The SRS will obtain all of the pertinent evidence and, at a time designated by the Chairperson, present evidence to the Honor Committee. The Vice Chairperson for Investigations will present all the pertinent facts to include those in favor of and those against the representative being investigated.

(3) Honor Committee Action. A quorum of the Honor Committee will discuss the matter and vote on the status of the representative. A quorum consists of at least 3/4 of the Committee members. The representative under review may speak on his or her behalf. He or she may make a statement or open him or herself up to questions concerning only the facts surrounding the review. A majority vote of those present is sufficient to relieve an Honor Representative of his or her duties. No proxy votes will be considered.

e. Review and Removal of an Honor Committee Member by His or Her Company. In the event that a member of the constituent company of an Honor Representative believes that one or more of the situations prescribed in paragraph 208a exist, the following action may be taken:

(1) Any member(s) of the constituent company may initiate review and removal procedures against an elected Honor Representative. Preferably, in order to avoid a misunderstanding, the member(s) of the company will first discuss the issue with the Honor Representative. If the individual(s) believes that the matter must be pursued, he or she will notify his or her company Commander, who will meet with the Executive Officer, Training Officer, First Sergeant, the platoon leaders, Regimental Honor Representative, and both Company Honor Representatives. They will discuss the reasons for initiating review and removal procedures. The chain of command (excluding all Honor Representatives) will then vote. A simple majority will be sufficient to refer the initiative to the company classmates of the cadet under review for removal from the Honor Committee.

(2) Upon being presented reasons for review by the chain of command of a company (or by a RHR), the representative under review may speak on his or her behalf to his or her company classmates. A quorum of the representative’s company classmates will discuss the matter and vote on the status of the representative. A quorum consists of at least 3/4 of the company classmates. A simple majority vote of those present is sufficient to remove the Honor Representative from the Honor Committee.

(3) In the event that the company chain of command votes not to forward the review to the RHR, and the individual(s) initiating the review still desires further action, he or she may obtain and present a petition which outlines the reasons for review to his or her regimental Honor Representative. This petition must be signed by a simple majority of the members of the initiating cadet’s company. The RHR will forward the reasons for review to the Chairperson of the Honor Committee who will then follow the procedures in paragraph 208d as if the Honor Committee had already signed the petition.

f. Review and Removal of a Member of the Executive Staff (Including the Chairperson).

(1) As the regimental and brigade executive staff members hold duty positions within the Corps of Cadets, the Commandant may relieve an executive staff member of his or her duty position for cause. Removal of an executive staff member from the Honor Committee, however, requires a decision by the Honor Committee itself.

(2) If a member of the Honor Committee believes there is sufficient reason to initiate review and removal procedures against any member of Executive Staff, the member may obtain a petition supported by twenty members of the Honor Committee and present the petition to the Vice Chairperson for Investigations. If the VCI is the cadet under review, the petition should be submitted to the Chairperson or Executive Officer. Any member may approach another privately to request resignation. In the event that the Executive Staff member does not wish to resign, the member should follow the steps outlined below.

(3) Upon the receipt of the petition, the Vice Chairperson for Investigations or the appropriate senior member will alert the SAH, Chairperson and individual under review that a member of the Executive Staff is being reviewed for removal. Then the VCI or another executive staff member will form a Special Review Subcommittee (SRS) consisting of him or herself and four Honor Representatives-at-large [one from each regiment]. The SRS will investigate the reasons for review by speaking with members of the Committee, those who signed the petition, and the person under review. The SRS will collect written statements from those who wish to outline their concerns. In addition, the SRS is responsible for keeping records on any interviews conducted.

(4) The result of this SRS investigation will be presented to the Honor Committee. A simple majority vote by the SRS will determine whether or not they recommend that the Honor Committee take a vote for removal.

(5) If a vote for removal is taken, three-quarters of the Honor Committee will constitute a quorum, and a simple majority of those present is sufficient to remove an executive staff member from the Honor Committee.

(6) Any member of the corps-at-large may submit a petition, signed by 100 cadets, which outlines reasons for review and removal of any member of the cadet Honor Committee Executive Staff. The cadet may present his or her petition for review to his or her Company Honor Representative who forwards it to the Vice Chairperson for Investigations, or the appropriate senior member, who acts in accordance with the procedures outlined in this chapter.

(7) The Cadet Honor Committee will conduct an election for the vacant position of the relieved Executive Staff. Until that time, the Executive Staff member next in the line of authority to the vacant spot will assume the duties in addition to his or her own. In the event that the next in the line of authority is unable to assume the responsibilities, the senior member of the Executive Staff in coordination with the SAH will appoint another member of Executive Staff to assume the responsibilities of the vacant position.

(8) All First Class members of the Honor Committee are eligible for candidacy in such an election. The election will take place as soon as possible and will proceed as outlined in paragraph 207.

(9) In the event that more than one member of the Cadet Honor Committee Executive Staff is subject to review and removal for cause proceedings, the next person in the line of authority would chair the presentation of the reasons for review before the full Honor Committee.

209. SUSPENDING HONOR COMMITTEE MEMBERS. The Cadet Chain of Command has the authority to suspend Honor Committee members when the member is under investigation for actions such as those outlined in paragraph 208a. Suspension is not a permanent action and does not automatically lead to removal. The suspending authority will automatically lift the suspension upon a favorable outcome of the investigation but may lift the suspension as the situation warrants. When making the decision, the appropriate commander must consider the interests of the unit, the individual, and the Cadet Honor System. Similarly, the Honor Chairperson, may also limit a Honor Committee Member’s duties as Board President, Board Members, and Liaisons.

a. Company Honor Representative. Based on a request by a company and/or battalion commander, and with the recommendation of the regimental honor representative, a regimental commander may suspend a company honor representative.

b. Executive Staff Member. Based on a request from the Honor Chairperson, the Brigade Commander may suspend a member of the Executive Staff.

c. Honor Chairperson. Only the Commandant of Cadets may suspend the Honor Chairperson.

d. Presumption of Innocence. Suspension and or limitation of duties is not a brand of guilt. The presumption of innocence remains in effect. The suspension and limitation options are administrative actions that help to protect the interests of the unit and prevent the individuals from placing themselves in an awkward situation that may impact their ability to perform their duty.