Naval Academy Honor Board

The United States Naval Academy Honor Board process is governed by USNAINST 1610.3N, available for download at this link.

The United States Naval Academy (USNA) Honor Code is as follows:

Midshipmen are persons of integrity. We stand for that which is right.  We tell the truth and ensure that the full truth is known. We do not lie. We embrace fairness in all actions. We ensure that work submitted as our own is our own, and that assistance received from any source is authorized and properly documented.  We do not cheat. We respect the property of others and ensure that others are able to benefit from the use of their own property. We do not steal.  Unlike West Point and the United States Air Force Academy, there is no "tolerance" provision.

The United States Naval Academy Honor Board process begins when someone who suspects an honor violation approaches the Midshipman in question.  This step is not required; however, it is encouraged. After the approach, if the witness believes that no honor violation occurred, no further action will be taken outside of counseling for professional development purposes. If the witness believes that an honor offense may have occurred, they have two options:

• Discuss the suspected offense and counsel the Midshipman; or,
• Submit a formal report of a suspected honor violation to the Brigade Honor Staff

The first option requires the accused admitting to the honor violation. Furthermore, the violation itself must not have been premeditated/does not reflect a deeper moral flaw within the accused. This option should only be used for a "simple or negligible mistake." The Brigade Honor Advisor can be consulted to determine whether this option is appropriate.

During the United States Naval Academy Honor Board process, accusations should be reported as soon as possible. Optimally, an investigation of a potential honor offense will not be convened beyond 60 days after the incident is discovered. This timeline should only be broken because of the egregiousness of the potential offense.

During an honor investigation at the Naval Academy, the accused will be advised of the following information:

• The name of the Brigade Investigating Officer (BIO)
• The name of the accuser
• the time, date, and location of the suspected offense
• The nature of the suspected offense, and
• The rights of the accused during the investigation

During an Honor Investigation at the Naval Academy, the BIO will be impartial and will attempt to collect all evidence.  Upon completing the investigation, the BIO will submit a written report of the investigation to the respective Regimental Honor Investigations advisor.  The Brigade Honor advisor will determine whether to dismiss the case or convene an Honor Board.

After the investigation, if not dismissed outright, the allegation may be referred to a Formal Company Honor Board (FCHB). To be eligible for an FCHB, the accused must be a Third or Fourth-Class Midshipman, accept the accusation, and show remorse.  The FCHB is composed of the Company Commander, Company Honor Advisor, and Battalion Honor Advisor - two of these three members most vote to approve the FCHB. Without these two votes, a Naval Academy Honor Board will be convened. If an FCHB is approved, only sanctions not to exceed the maximum limits of a minor conduct offense can be imposed.

The rights of the accused during the Naval Academy Honor Process are:

• The right to be treated with fairness, dignity, and respect at all times (including privacy rights)
• The right to remain silent
• The right to seek consultation, which includes a Military or Civilian Lawyer
• The right to examine and review a copy of all evidence that may be presented to the Brigade Honor Board (NLT 48 hours before the Board)
• The right to object to evidence prior to a Brigade Honor Board
• The right to be present at the Brigade Honor Board
• The right to challenge board members at the Brigade Honor Board if they are impartial
• The right to confront and question their accuser and the witnesses against them (of note, the accuser and witnesses should be present at the Board and their written statements should no be relied upon), and
• The right to present any relevant physical, documentary, or testimonial evidence at the Brigade Honor Board

Prior to an Honor Board at the Naval Academy, the accused will be allowed to accept or deny the charge(s). If denied, a Brigade Honor Board will be convened. If accepted, the accused will have to explain why he/she is guilty.  Unless the accused actually believes he/she is guilty, the accused will be required to go to the Honor Board.

A United States Naval Academy Honor Board consists of a presiding Officer and nine voting members from the Brigade.  Any evidence, including hearsay evidence, can be admitted at an honor board, as long as it is "relevant." "Relevant evidence" is defined as evidence having any tendency to make the existence of a fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.  Relevant evidence can be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading to the board members, or by considerations of undue delay, a waste of time, or needless presentation of cumulative evidence.

After the presentation of evidence, the Board will vote in a closed session. 6 of 9 votes are required for a finding of an Honor Violation.

After a Naval Academy Honor Board, if the allegation is found, the Honor Board will vote on separation or retention at the Academy.  Only the Midshipman's rank, any prior honor offenses, and the egregiousness of the offense can be considered. Specifically, no other aspect of the Midshipman's performance can be considered.

All first and second-class midshipman and all repeat honor offenders will be automatically forwarded to the Commandant for adjudication, regardless of the board's vote.  For third and fourth-class midshipman who have not previously been found in violation of an honor offense, a vote of at least 5 of 9 board members for separation is required to forward the midshipman to the Commandant for adjudication. All other cases will be forwarded to the Battalion Officer for adjudication with a recommendation of retention. The Battalion Officer can be presented with additional matters in extenuation and mitigation; he/she can recommend retention or separation.

For cases sent to the Commandant, the Midshipman in question can present evidence of extenuation and mitigation, including up to three character witnesses.  The Commandant may retain the Cadet, with sanctions, or forward the action for separation to the Superintendent.  The Superintendent may disenroll a non-committed Midshipman, recommend separation for a committed Midshipman, or retain the Midshipman and send the case back to the Commandant for any sanctions.

After a Naval Academy Honor Board, the following sanctions can be issued:

• Restriction not to exceed 60 days
• Aptitude Grade not greater than D
• Delayed graduation (First Class Midshipman only approved by Superintendent)
• Relief for cause from any position of authority
• Loss of leave
• Loss of class privileges
• Loss of overnight eligibility
• Assignment to a new Company
• Loss of vehicle privileges
• Non-representation of the Academy (teams and activities)
• Removal from members of Varsity teams, club teams, or other extracurricular activities
• Suspension from team/group activities
• Removal from Leadership position

Sanctions can be appealed on the grounds of being disproportionate. Factual appeals (founded vs. unfounded) of a Naval Academy Honor Board may be submitted and must be based on new evidence and/or a procedural violation that amounted to substantial prejudice.

Any Midshipman suspected of an honor violation should immediately consult an experienced Military Defense Lawyer. During the investigation itself, important decisions need to be made, such as whether to make a statement or not and whether to provide any additional evidence to the BIO. During a Naval Academy Honor Board, a lawyer cannot be present; however, one can be present outside of the room or available virtually to consult. Furthermore, a lawyer can prepare a complete trial plan for the Midshipman in question, giving him/her a greater chance for success. Furthermore, after the Board, a lawyer can assist with presentations to the Battalion Officer, Commandant, and/or Superintendent.  While a JAG should be available to assist, they are often over-worked, inexperienced, and either unwilling or unable to provide a Midshipman with the time and attention needed.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has extensive experience with Honor Boards.

Contact him today for a free consultation