Honor Council

To report an honor violation, you should go through your chain of command. However, you can go directly to the cadet executive officer or the cadre executive officer if necessary. 

In order to ensure that the Honor and Integrity of the Hoya Battalion remain intact and to instill upon cadets the understanding that an officer does not lie, cheat, steal, or tolerate those who do, we hereby establish the Hoya Battalion Honor Council.

I. Membership

Section 1. The Cadet Honor Council shall consist of seven permanent members and two sub committees: the Committee of Corrective Action and the Class Committee. The Committee of Corrective Action consists of three members: the Battalion’s Cadet Executive Officer and the two Company Cadet Executive Officers. The Class Committee consists of four members shall be “Honor Council Class Representatives,” one selected by each class. No member of the Committee of Corrective Action shall serve as the senior class Honor representative. A Cadre Advisor, appointed by the pleasure of the Professor of Military Science, shall be available to mentor the Council but will not participate in the Council’s decisions.

Section 2. In addition to serving on the Council, the Class representatives shall make themselves available to their respective classes in order to counsel their classmates on integrity-related issues. These individuals can collect complaints and investigate complaints at the direction of the President of the Council.

Section 3. At the beginning of each academic year the Battalion’s Cadet Sergeant Major shall facilitate the selection of the Class Representatives. The Cadet Sergeant Major shall survey each military science class for cadets interested in serving on the Honor Council. Interested cadets should explain, in writing, why they are qualified to serve as Class Representatives. After collecting the names and responses, the Cadet Sergeant Major shall forward them to the Cadet Battalion Commander who will select the Class Representatives.

Section 4. Each of the seven members of the Honor Council shall possess one vote, except for the Cadre Advisor, who shall not possess a vote. The Battalion’s Cadet Executive officer shall serve as the President of the Council. If he is unavailable when the Council convenes, the A Company Cadet Executive Officer shall serve in his or her stead as President Pro-Tempore, followed by the B Company Cadet Executive Officer, then the MS IV Class Representative.

Section 5. Each of the three members of the Honor Board shall possess one vote, except for the Cadre Advisor, who shall not possess a vote. The Battalion’s Cadet Executive officer shall serve as the President of the Council.

Section 6. The Committee on Corrective Action shall consist of the Battalion Executive Officer and both Companies’ Executive Officers, as well as the Cadre Advisor.

Section 7. If a member of the Council perceives a conflict of interest or feels that his vote could be biased (or perceived as biased), he shall recuse himself from that particular hearing. Any impropriety including, but not limited to, discussion of counsel matters while the investigation is pending, ignoring or not revealing exculpatory or incriminating evidence, failing to fully investigate the claim, and failing to protect the rights of the accused will themselves be considered honor violations.

Section 8. The members of the Honor Council shall serve at the pleasure of the Cadet Battalion Commander. If a member feels they have been removed for an improper reason they have the right and duty to appeal the decision to the Professor of Military Science. If the Cadet Battalion Commander chooses to remove a member of the Council, or if a member of the Council resigns, the Cadet Battalion Commander shall ask the Cadet Sergeant Major to find candidates to replace the member. The Cadet Sergeant Major shall present the Cadet Battalion Commander with the names of the replacement candidates. A replacement member must be of the same Military Science class-year as the individual he is replacing.

Section 9. A non-voting representative from the Georgetown University Honor Council may be present at the hearing.

II. Bringing Charges

Section 1. Any member of the Battalion may, in confidence, notify any member of the Honor Council of potential honor violations. Any member of the Honor Council who becomes aware of a potential honor violation shall collect information regarding the incident and notify the President of the Honor Council who shall decide whether or not to convene the Council for a formal hearing.

Section 2. Any member of cadre may convene the Council regardless of a decision by the President of the Council not to convene.

Section 3. The Council President will appoint a member of the Council as the investigating party. This person will compile all substantive information regarding the alleged offense including any pertinent documents as well as signed statements by all parties in any way involved with the alleged honor violation. The President of the Council and the Cadre Advisor, in accordance with the wishes of the Professor of Military Science will then review said investigatory document and determine whether probable cause exists. If it is determined that there is no probable cause the complaint will be dropped without prejudice. If it is determined that probable cause does then the council has the obligation to proceed unless there are significant exigent circumstances. Any dishonesty by those involved in the investigation will constitute an honor violation itself.

Section 4. If probable cause is found, the President of the Council shall task a member of the Council to notify the cadet in question, in writing, that he is being charged with an Honor Violation. The tasked member will coordinate a time for the Council to convene and will instruct the Defendant to compile any exculpating evidence or witness testimony in preparation for the Hearing. The accused will also be advised of their right to a legal advisor and referred to a legal advisor if they so desire.

Section 5. The President of the Council and the Cadre Advisor can, in conjunction with the Professor of Military Science, elect to send the accused before a formal hearing with the full Honor Council, or they may offer a choice between an Honor Board or a hearing before the full Council. Every accused cadet will be entitled a full Honor Council hearing, if they so desire.

Section 6. A cadet may be charged with any act that violates the Georgetown University Honor Code, the Honor Code of the Hoya Battalion, or the Honor Code specific to a cadet’s own university or college. Furthermore, any act that is determined to be an instance of lying, cheating, or stealing, shall be considered an Honor violation.

Section 7. A cadet may be subject to the Hoya Battalion Honor Council even if he is already under investigation or has been punished by another institution.

III. The Formal Hearing

Section 1. Prior to the hearing all members of the Council will receive copies of the investigative report. If necessary, witnesses will be called to the hearing itself by the Council or the accused.

Section 2. At the Formal Hearing the members of the Council shall sit at a table in the following order, from left to right: the MS II Class Representative, the MS IV Class Representative, the A Company Cadet Executive Officer, the President of the Council, the B Company Cadet Executive Officer, the MS III Class Representative, and the MS I Class Representative. Once the Council has been seated, the MS I Representative will exit the room to inform the defendant that the Hearing will begin two minutes. The MS I Representative will return to the room and take his seat. After two minutes the Defendant will knock three times, pause for a moment, then enter the room, come to attention before the Council, and salute the President of the Council. The President of the Council shall invite the Defendant to take a seat placed several paces in front of the table, across from the President of the Council. If the cadet desires, the legal advisor will accompany the cadet and may confer with the accused cadet, but may not make statements directly to the Council.

Section 3. The President of the Council shall begin the Hearing with the following statement: “I hereby convene the Hoya Battalion Honor Council on [this date] to determine Cadet [Defendants’ Name] response to the charge of violating the Honor Codes recognized by this Council and the Hoya Battalion. The purpose of this Hearing is to determine if you, a cadet seeking to assume this sacred duty, have violated your Honor. An officer does not Lie, Cheat, Steal, or tolerate those who do. Cadet [Defendant’s Name], you are accused of [Summarize the charges] by the following evidence [here read the investigatory report]. How do you respond?” The cadet may respond “I admit the violation” or “I deny the violation.” If the cadet admits the violation the cadet will then have the ability to explain the violation.

Section 4. After hearing the defendant’s answer, a designated member of the Council shall question the cadet. If the cadet has denied the charges, the member of the Council shall also present the cadet with any evidence compiled against him. After the designated member has finished questioning, other members may request clarification of substantive points. Once the President of the Council has determined that the questioning has been sufficient, the President shall inform the Defendant that the questioning has concluded and ask him if he has any evidence to submit or witnesses to call. In addition to any exculpatory evidence, the cadet has the right to challenge or contradict any evidence offered against him. At the end of such a presentation the cadet will be allowed to make a final statement. Once the cadet has completed any final remarks, the President shall say “I hereby conclude this hearing of the Hoya Battalion Honor Council. We shall reach our decision no later than one week from today. Cadet [Defendant’s name], you are dismissed.” The Defendant shall rise, come to attention, and salute the President of the Council before exiting the room.

Section 5. The MS I Class Representative shall keep a record of the proceedings throughout the Hearing.

Section 6. Every member of the Honor Council should be present for the Formal Hearing. If members have recused themselves, or if extenuating circumstances do not permit all members to be present, the Honor Council may still convene for a Formal Hearing as long as four members are present, at least two of whom must be MS IVs.

Section 7. If multiple cadets are charged with Honor violations for the same incident the President of the Council may choose to bring them before the Honor Council for a Formal Hearing at the same time or separately.

IV. The Honor Board Hearing

Section 1. Prior to the hearing all members of the Board will receive copies of the investigative report. If necessary, witnesses will be called to the hearing itself by the Board or the accused.

Section 2. At the Formal Hearing the members of the Board shall sit at a table in the following order, from left to right: The A Company Cadet Executive Officer, the President of the Council, and the B Company Cadet Executive Officer. The B Company Executive Officer will exit the room to inform the defendant that the Hearing will begin two minutes. The MS I Representative will return to the room and take his seat. After two minutes the Defendant will knock three times, pause for a moment, then enter the room, come to attention before the Board, and salute the President of the Board. The President of the Board shall invite the Defendant to take a seat placed several paces in front of the table, across from the President of the Board. If the cadet desires, the legal advisor will accompany the cadet and may confer with the accused cadet, but may not make statements directly to the Board.

Section 3. The President of the Board shall begin the Hearing with the following statement: “I hereby convene the Hoya Battalion Honor Board on [this date] to determine Cadet [Defendants’ Name] response to the charge of violating the Honor Codes recognized by this Board and the Hoya Battalion. The purpose of this Hearing is to determine if you, a cadet seeking to assume this sacred duty, have violated your Honor. An officer does not Lie, Cheat, Steal, or tolerate those who do. Cadet [Defendant’s Name], you are accused of [Summarize the charges] by the following evidence [here read the investigatory report]. How do you respond?” The cadet may respond “I admit the violation” or “I deny the violation.” If the cadet admits the violation the cadet will then have the ability to explain the violation.

Section 4. After hearing the defendant’s answer, a designated member of the Board shall question the cadet. If the cadet has denied the charges, the member of the Board shall also present the cadet with any evidence compiled against him. After the designated member has finished questioning, other members may request clarification of substantive points. Once the President of the Board has determined that the questioning has been sufficient, the President shall inform the Defendant that the questioning has concluded and ask him if he has any evidence to submit or witnesses to call. In addition to any exculpatory evidence, the cadet has the right to challenge or contradict any evidence offered against him. At the end of such a presentation the cadet will be allowed to make a final statement. Once the cadet has completed any final remarks, the President shall say “I hereby conclude this hearing of the Hoya Battalion Honor Board. We shall reach our decision no later than one week from today. Cadet [Defendant’s name], you are dismissed.” The Defendant shall rise, come to attention, and salute the President of the Council before exiting the room.

Section 5. The B Company Executive Officer shall keep a record of the proceedings throughout the Hearing.

Section 6. If multiple cadets are charged with Honor violations for the same incident the President of the Board may choose to bring them before the Honor Board for a Formal Hearing at the same time or separately.

V. Reaching a Verdict and Recommendation for Corrective Action

Section 1. The Honor Council or Board may collect further evidence or witness testimony following the Hearing. Such evidence must be revealed in writing to the accused and he must be afforded the opportunity to respond in writing or in person. The Honor Council or Board must reach its decision within one week of the Hearing.

Section 2. Within one week of the Hearing the Honor Council or Board shall vote on whether or not the Defendant is guilty or innocent of an Honor violation. If the Council or Board finds the cadet guilty, the President of the Council shall convene the Committee on Corrective Action and discuss and vote on possible punishments. Once a decision has been reached, the President of the Honor Council shall inform the Professor of Military Science of the verdict, as well as the recommended punishment. The verdict must be delivered to the Professor of Military Science within one day of the decision. The Professor of Military Science will approve or reject, in writing, any and every verdict and punishment issued by the Honor Council. Upon verdict approval, the Honor Council will appoint a representative and inform the Defendant within one week of the initial Hearing. Only the Professor of Military Science shall be informed of the proposed punishments. The Professor of Military Science must approve, in writing, any punishments. No member of the Honor Council or Board is allowed to reveal the deliberations of the council, or to comment upon the vote of another. A 2/3 vote is necessary for a guilty verdict, and all members must remember that throughout the process that the accused is assumed innocent and can only be convicted by negative evidence presented.

Section 3. Only those members present at the formal Hearing or Board itself may vote on the verdict. Likewise members of the Committee on Corrective Action must be present at the hearing if they are to propose and vote on punishments.

Section 4. If a member or members of the Honor Council have recused themselves and a tie vote is generated, the Defendant shall be deemed not guilty. All votes shall be conducted in private and the breakdown of the vote shall not be revealed outside of the Council. If the cadet is found guilty and after sufficient deliberation the Committee on Corrective Action cannot agree upon a single punishment, the President of the Council shall report the several proposed punishments to the Professor of Military Science along with the verdict.

Section 5. It shall be the sole prerogative of the Professor of Military Science to decide what corrective action, if any, will be taken. Any appeal may only be made to the PMS.

Section 6. The Honor Council President and the Cadre Advisor will decide whether or not a guilty cadet’s university should be informed of the honor violation, and will advise the Professor of Military Science on the issue. The Professor of Military Science will make the final decision whether or not to inform the offending cadet’s school.

Section 7. The Cadet Battalion Commander may submit amendments to this constitution to the Professor of Military Science for his approval.

VI. The Rights of the Accused

Section 1. The accused has the choice to either contest the allegation or to admit to the allegation. He also has an absolute right to contest the allegation and no adverse action will be taken against him for doing so.

Section 2. The right to consult with legal assistance before all proceedings. The accused may retain a civilian attorney at his own expense and/or consult with the any other legal advisor, whether or not they are a part of the Hoya Battalion or the military. Counsel may not represent you at any hearing. However, you may consult with your attorney during breaks and recesses.

Section 3. The right to call witnesses and present evidence on behalf of the accused. Character witnesses will not be allowed to testify on his behalf during the fact finding phase of the hearing unless they are testifying as to a particular character trait that is being called into question by the allegation.

Section 4. The right to object to evidence being used in the hearing.

Section 5. The right to question all witnesses who testify at the hearing.

Section 6. The right to challenge any Council or Board member where the accused believes that the admittance of this member will result in a bias against the accused.

Section 7. The right to obtain copies of all investigative reports, recommendations, statements, hearing member worksheets and all other official documents relating to the investigation, hearing and subsequent review process.

Section 8. The right to make an opening statement and a closing argument before the board. The accused’s statements are not evidence and will not be considered as such. If the accused wishes the Board or Council to have the benefit of what you have to say as evidence they can consider when making a decision, the accused must testify under oath and be subject to cross-examination.