CHAPTER NINETEEN ◘ CONDUCT, OFFENSES, AND NON-JUDICIAL PUNISHMENT 1. Personal Conduct 1.1. Cadets 1.1.1. NSCC/NLCC cadets shall endeavor to develop within themselves a sense of courage, citizenship, patriotism, self-reliance, and subordination. All cadets should be aware that their presence at drill and events is a privilege provided to them by their parents, the NSCC/NLCC, Oakland Navy League, the United States Navy and the commanding officer. 1.1.2. All cadets will display the highest standards of personal conduct while at drill and events. All members must remember that you are representing yourself, your family, the squadron, the NSCC/NLCC, the commanding officer, the Lake Merritt Navy League Council, and US Navy. 1.1.3. Courtesy 1.1.3.1. Cadets shall display respect to all hands, regardless of rank or seniority. 1.1.3.2. Cadets shall render proper courtesies to senior members at all times. 1.1.4. Obedience Cadets will obey all lawful orders given to them by persons appointed over them, including active duty military personnel when those persons are acting in a supervisory capacity. 1.2. Petty Officer Conduct 1.2.1. NSCC/NLCC Petty Officers shall endeavor to set a good example at all times. By their examples they should foster a sense of initiative and pride in their subordinates and shall correct infractions of NSCC/NLCC and Hancock Squadron / Training Ship Midway regulations at the lowest level possible. 1.2.2. Petty officers shall counsel cadets on military subjects only. Corrective measures above counseling shall be conducted by the division officer or command staff. 1.3. Officer Conduct 1.3.1. Shall be governed under Appendix One of the NSCC/NLCC Advancement and Training Manual. All officers/instructors and staff must maintain standards for behavior, decorum and professionalism that are above reproach. Unprofessional conduct, such as, offensive language, fraternization with U.S. Naval Sea Cadets or Navy League Cadets, neglect or dereliction of any assigned duty, arrogation of authority to themselves, or inferring or demanding military courtesy from active duty or reserve personnel in uniform will result in automatic suspension and recommendation for immediate dismissal from the NSCC/NLCC. It must be understood that everyone looks to the adult staff as leaders. Any situation that undermines that perception will not be tolerated. Officers shall ensure that they always show an enthusiastic attitude and keep their personal problems away from the cadets. Disputes among adult staff should never be discussed in front of cadets. 1.3.2. Retention of adult leaders is the sole prerogative of the commanding officer. 1.3.3. Officers shall set good examples of virtue, honor, patriotism, and subordination. 1.3.4. Officers shall be vigilant in inspecting the conduct of all persons under their supervision, and will endeavor to correct all persons who fail to conform to NSCC/NLCC and Hancock Squadron / Training Ship Midway standards. 1.3.5. This squadron places great importance on the positions it assigns to officers and staff members. The absence of on key person creates an added burden on the rest of the staff and, therefore, diminishes the quality of training the cadets receive. 1.3.6. Touching Cadets 1.3.6.1. All personnel supervising cadets (including cadets in leadership roles) are expressly prohibited from touching the person or clothing of a cadet either directly, indirectly or by use of a material object, except at such times as they are acting within the scope of their authority for the following purposes: 1.3.6.1.1. Correcting a cadet’s position. 1.3.6.1.2. Correcting a cadet’s movements. 1.3.6.1.3. Uniform fitting. 1.3.6.1.4. Conducting a demonstration or training. 35 1.3.6.1.5. Protecting a cadet from physical harm. 1.3.6.1.6. Self-defense. 1.4. Situational Authority All members are empowered to act in a capacity that will diffuse any situation that arises as a result of disagreement, physical contact, and disruptions between any parties. Depending upon the urgency of the situation, attempt to adhere to the chain of command. Tact must be used. Proper procedure would be to first isolate the parties involved, and then investigate the cause. Remain objective and do not get involved emotionally. 2. Offences 2.1. Classification of Offences The Hancock Squadron / Training Ship Midway regulations are classified into four categories of offenses: Termination, military, general, and safety. 2.2. Termination Offences 2.2.1. Offenses against these regulations will result in immediate dismissal from the NSCC/NLCC. Although our goal is to build cadets, our program is not designed for defiant cadets or cadets whom engage in the following: 2.2.1.1. Illicit drugs. 2.2.1.2. Immoral actions. 2.2.1.3. Theft. 2.3. Military Offenses 2.3.1. Offenses against regulations of a military nature, which will result in corrective action ranging from counseling up to, and including Captain’s Mast. 2.3.1.1. Absences and tardiness (for drill, events, or watch) 2.3.1.2. Unexcused absences (UA) from over 25% of all scheduled drills and events. 2.3.1.3. Failure to promote. 2.3.1.4. Failure to complete recruit training. 2.3.1.5. Failure to report for training, drill, or mandatory community service event. 2.3.1.6. Failure to report for a two-week training (advanced trainings), local training, or mandatory unit training without valid reason. 2.3.1.7. Failure to know the whereabouts of your squad (Squad Leaders only). 2.3.1.8. Failure to adhere to the “12-Hour Rule”. 2.3.1.9. Failure to adhere to grooming standards. 2.3.1.10. Failure to appear at NSCC/NLCC activities in the proper uniform or appearing in an unacceptable uniform. 2.3.1.11. Losing or failing to bring the cadet binder to drill and/or having it updated. 2.3.1.12. Improper watch standing. 2.3.1.13. Failure to observe proper Quarterdeck procedures. 2.3.1.14. Lack of attentiveness to duty. 2.3.1.15. Disrespect. 2.3.1.16. Unable to recite the Eleven General Orders of a Sentry (non-recruit cadets) 2.3.1.17. Cheating. 2.4. General Offences 2.4.1. Offences of a general or civil nature, which will result in corrective actions ranging from counseling up to, and including Captain’s Mast. 2.4.2. Low academic grades (Lower than C-). 2.4.3. Use of tobacco / alcohol. 2.4.4. Alone with a cadet of opposite gender. 2.4.5. Fraternization. 2.4.6. Pornography. 36 2.4.7. Public display of affection (PDA) [Kissing, holding hands] 2.4.8. Damage / vandalism. 2.4.9. Offensive language. 2.4.10. Weapons. 2.4.11. Sexual harassment. 2.5. Safety Offences 2.5.1. Violations of safety rules and regulations, which will result in corrective action ranging from counseling up to, and including Captain’s Mast. 2.5.2. Failure to use/wear proper safety equipment. 2.5.3. Improper use of equipment. 2.5.4. Improper detail conduct. 2.6. Report of Offences 2.6.1. All members of the Hancock Squadron / Training Ship Midway are required to report offenses against NSCC/NLCC and squadron / training ship regulations. 2.6.2. If a cadet requests to file a report of violation citing an officer, chief petty officer, or adult staff member, they shall come directly to the executive officer. If the complaint is regarding the executive officer, then the person making the complaint shall come directly to the commanding officer. 2.6.3. Complaints against the commanding officer shall be directed to the regional director. 2.7. Documentation of Violations / Corrective Actions 2.7.1. All violations including verbal counseling shall be recorded in the member’s service record using the Cadet / Leaguer Record of Counseling (Appendix R). 2.8. Screening of Offenses 2.8.1. The executive officer shall screen all reports of offenses, interview the parties concerned and refer the case to the commanding officer for disposition or the convening of a Captain’s Mast. 3. Non-judicial Punishment (NJP) 3.1. General 3.1.1. There are occasions where normal corrective measures prove ineffective for certain cadets. The NSCC/NLCC does not hold courts martial. The only punishment administered is nonjudicial in the sense that the highest form of punishment is a captain’s mast. Punishment in NSCC/NLCC shall be directed toward strengthening the character of each cadet through development of self-control and self-discipline. Discipline is often confused with punishment, but the to words do not mean the same thing. Rewards and punishments are tools that are used to create and maintain discipline. 3.1.2. When discipline is working best within a unit, the individuals who make up the unit have the right attitude, do their work efficiently, and exhibit high moral. In a well-disciplined unit, the members do the right thing because they want to, not because they have to. 3.2. Methods 3.2.1. The commanding officer, executive officer and the division officer have the following options to attempt to improve a deficiency. 3.2.1.1. Counseling 3.2.1.1.1. The counseling of a cadet should be the first action taken. Counseling session should be in a private location. Another officer or other appropriate adult member must be present as a witness, with a female staff adult present when a female cadet is being counseled. 3.2.1.1.2. The situation leading to counseling session should be reviewed with the cadet and corrective measure carefully explained so that there is no doubt to the cadet what will result if the situation does not improve. 3.2.1.1.3. A written record of the counseling session, including results and recommendations, shall be recorded on the Cadet/Leaguer Record of Counseling (Appendix R) and retained in the cadet’s service record. 37 3.2.1.2. Probation 3.2.1.2.1. The commanding officer may put a cadet on probationary status for failure to complete the corrective measures agreed upon during the counseling session or at any time deemed appropriate. A counseling session is not required to occur prior to placing a cadet on probationary status. 3.2.1.2.2. While on probation a cadet may not be promoted. 3.2.1.2.3. Probation terms shall determined by the commanding officer and shall be at least three months and not exceed six months. 3.2.1.2.4. A formal probation letter, titled a “Chapter 19 Probation Letter”, shall be drafted and signed by the commanding officer, the division officer, and the cadet. This letter should provide a general overview of the unsatisfactory behavior, the specific steps required to be removed from probationary status, and the duration the cadet will be on probationary status. The official copy of this letter shall be transferred to the administrative officer to be placed in the cadet’s file. 3.2.1.2.5. Probationary status is a confidential issue between the cadet and the command staff. Command staff shall refrain from discussion the probationary status with cadets or other staff members who do not have a need to know. 3.2.1.2.6. The general intent of placing a cadet on probationary status is to signal to the cadet that his or her actions are falling below the required threshold. It is not a punishment per se, but more of a stern warning. A warning which allows the command staff to draw a bold line and provide corrective actions for a cadet to get back in good standing. Cadets should not get discouraged if placed on probation. It is a measure to help not to discourage. 3.2.1.3. Captain’s Mast 3.2.1.3.1. This should be the last resort in disciplining a cadet. Offences of serious or repeated nature should be immediately brought to the attention of the commanding officer. 3.2.1.3.2. The commanding officer or his/her designee shall conduct Mast in accordance with Chapter Nine of the NSCC/NLCC Regulations Manual. Parties required to attend mast: 3.2.1.3.3. Subject cadet (in dress uniform). 3.2.1.3.4. Commanding Officer. 3.2.1.3.5. Executive Officer. 3.2.1.3.6. Department Heads. 3.2.1.3.7. Division Officer. 3.2.1.3.8. Subject cadet’s parent or guardian. 3.2.1.3.9. Female staff member if subject cadet is a female. 3.2.1.4. Award of Punishment 3.2.1.4.1.1. The commanding officer or his/her designee may award any of the following at Captain’s Mast. 3.2.1.4.1.2. Admonition and counseling. 3.2.1.4.1.3. Probationary reduction in rate. 3.2.1.4.1.4. Dismissal of charges. 3.2.1.4.1.5. Dismissal from NSCC/NLCC. 3.3. Officers, Midshipmen, and Instructors Officers, Midshipmen, and Instructors charged with offenses against NSCC/NLCC or squadron/training ship regulations will not be subject to a captain’s mast. All such charges will be referred to the commanding officer for disposition. Per NSCC/NLCC regulations the commanding officer has final authority to disenroll personnel. Under NSCC/NLCC regulations, if the incident involved a violation of law it may be referred to the regional director, National HQ and/or the appropriate law enforcement agency. 38