For over 100 years, Massachusetts Maritime Academy has been preparing women and men for exciting and rewarding careers on land and sea. As the nation's finest co-ed maritime college, MMA challenges students to succeed by balancing a unique regimented lifestyle with a typical four-year college environment. As a member of the cadet corps you will live, study, sail, work and play in an atmosphere that encourages you to be your best.
Regimental Manual - Chapter 3 Rules and Regulations
101 General Order No. 87
A. Under Public Law 96-453 (the “Maritime Education and Training Act of 1980”), the Academy stipulates in writing that it will comply with certain regulations and minimum standards in the operation of the school. These regulations and minimum standards are contained in Maritime Administration General Order No. 87.
B. Regulations and Standards for the Regiment of Cadets of the Massachusetts Maritime Academy are administrative, not adversarial or judicial in the legal sense.
Honor, integrity, loyalty to superiors, and adherence to the traditions of the Massachusetts Maritime Academy are fundamental characteristics and attributes of a successful Merchant Marine Officer and career professional. The discipline program is intended to be remedial and educational rather than legalistic and punitive. The rules are designed to promote positive behavioral changes that permits cadets to show a renewed willingness to adhere to the Academy's regulations and to accept personal responsibility for the misconduct. Each cadet, regardless of field of study or career path, will strive to conduct herself/himself in a manner reflecting the highest standards of honesty, integrity and maturity.
A. The President is the only officer authorized to assign punishment to a cadet or to delegate this authority to any other faculty or administrative officer. A ship’s officer, member of the Academy faculty, administrator, or a cadet shall not prescribe any form of punishment for infractions of discipline unless such authority has been delegated by the President.
B. The Commandant of Cadets is authorized to award administrative restrictions to a cadet or cadets for actions associated with serious violations of the Regulations when deemed appropriate.
202 These regulations do not limit the discretionary authority of the President to take immediate action to suspend any cadet(s) for violations of these regulations or for other breaches of good order and discipline when, in the President's judgement and discretion, the situation requires urgent attention.
A. In any case of cadet misconduct in which a cadet's own safety or the safety of others may be jeopardized by a cadet's continued presence aboard the training ship, the Master of the training ship is delegated the authority to exercise independent judgement and discretion as to whether a cadet should be suspended immediately and removed from the training ship. In a case where a cadet has been removed from the training ship, a hearing conducted in accordance with the procedure specified in Article 209-C will be conducted as soon as practicable.
B. Should it become necessary to suspend a cadet from the Academy and to remove her/him from the training ship in a foreign country, the Master of the training ship shall make the necessary arrangements with the appropriate consular officials of the United States to ensure that the cadet’s rights as an American citizen are protected and that arrangements have been made for the cadet’s travel to a location as close to the cadet’s home state as travel arrangements permit. Should it become necessary to suspend a cadet from the Academy and remove her/him from the training ship when the ship is in a continental American port, the Master of the training ship shall ensure that arrangements have been made for the cadet’s travel close to the cadet’s home. All expenses incurred in complying with this paragraph shall be the responsibility of the cadet, and the Commonwealth of Massachusetts shall be reimbursed within 60 days.
C. Should it become necessary to suspend or remove a cadet from the dormitory and the Academy for misconduct in which the cadets own safety, or the safety of others may be jeopardized, the President of the Academy may authorize the cadet's removal from campus. Prior to the Academy President making a decision to remove a cadet from the Academy grounds, dorms, classes, etc., the cadet will be given the opportunity to meet with the Academy Presiden. In addtion, if a cadet voluntarily abandons his/her responsibilities with the regiment and/or academic responsibility, the cadet will be administratively removed and considered "dismissed" by the Academy for abandonment.
203 Cadets charged with or convicted of a civil or criminal offense outside the Academy may be subject to these regulations. Any cadet charged or convicted of a criminal offense outside of the academy must self-report to the Commandant’s Office. Failure to do so may result in disciplinary action.
204 Types and Classifications of Deficiencies
1. Deficiencies are classified in Article 205 of these regulations on the basis of the seriousness of the acts and/or omissions that constitute the punishable offense. These classifications are provided for general guidance only. In the case of the act or omission of any cadet, the circumstances that surround that specific act or omission at the time of its occurrence will be considered, and any deficiencies may be re-classified as a Class I, Class II, or Class III offense based on the circumstances surrounding that specific act or omission and at the discretion of the Commandant of Cadets.
2. Ignorance of these regulations, or any other regulations that are applicable to cadets or of any orders that may be issued periodically, will not excuse the commission of an offense. Every cadet is required to be familiar with all applicable regulations and orders, and it will be presumed that any such ignorance is the result of the cadet’s own neglect unless he/she can show evidence the contrary.
3. Cadets are expected to exercise good judgment in cases not covered by regulations or orders or in cases in which orders are obviously illegal or otherwise inappropriate. Should a cadet disregard an order on the grounds that he/she judges it inappropriate, he/she does so at her/his own risk and may be found guilty of an offense if the order in question later is held to have been given properly. A cadet’s exercise of poor judgment is not itself an offense under these regulations, but where the exercise of such judgment leads to the commission of an offense by the cadet or by others to whom these regulations apply, the cadet will be charged accordingly.
4. These regulations apply at all times to every cadet when the cadet is under the jurisdiction of the Academy.
5. Whenever any cadet is found guilty of repeating an offense for which he/she has been found guilty at least once before, the penalty imposed for any such subsequent offense ordinarily will be greater than that imposed for the prior offense .
B. Table of Authorized Punishments
1. The following table shows the authorized awards for the various levels of punishment. Each cadet will be awarded demerits and restriction days for a guilty misconduct. Awarded restriction days will amount to approximately a quarter of the demerits assigned for each offense. The Commandant or Deputy Commandant may suspend or revoke cadet automobile privileges (without refund) for three class III's or two class II's of the same offense within an academic year.
|CLASS III||CLASS II|
205 Specific Conduct Offenses
A. Attempts to commit an offense.
1. An attempt is an act performed, beyond mere preparation and thought, with the intent to commit a conduct offense. Failure to successfully commit the offense still constitutes an attempt amounting to more than mere preparation and intending, though failing, to effect the commission of the offense.
2. Attempts should be charged the same as the intended offense. The maximum punishment is the same as for the intended offense.
3. A person who intends to commit an offense, then voluntarily abandons the undertaking, is not guilty of the offense. A person whose undertaking is terminated by unforeseen circumstances is guilty of an offense.
B. Regulations, Orders, Instructions
1. Disobedience to orders and regulations is more serious than a mistake in judgment. Orders are given with the expectation of compliance both in spirit and in letter.
|a. Violation of oral or written orders specifically addressed to an individual.||2||30|
|b. Demonstrating gross ignorance of instructions, regulations, or directives.||2||30|
|c. Violation of oral or written orders, instructions or other directives addressed to a group or individual with major effect.||2||50|
|d. Violation of oral or written orders, instructions or other directives addressed to a group or individual with minor effects||3||10|
3. If any of the above listed offenses are specifically described by another delinquency code, that delinquency code should be used.
1. Considerations in determining correct awards for offenses involving duty should include the nature of the duty, the cadet's position, and whether the delinquencies resulted from laxness, carelessness or negligence.
2. Failing to assume a responsibility, evading a regulation, permitting other cadets under one's command or control to evade responsibility or regulations, and overlooking or failing to report breaches of regulations are all offenses that indicate poor motivation and a low concept of duty.
|a. Intentional failure to properly perform a duty to include failing to report for watch/duty and securing from watch without authorization.||1|
|b. Reporting late for watch/duty or failure to properly notify the Company Adjutant when unable to fulfill a watch/duty due to illness or injury, regardless of an authorized medical note.||2||30/50(WKND)|
|c. Interfering with an individual who is performing a duty regardless of rank or class standing.||2||30|
|d. Aiding, abetting, counseling, commanding, or procuring the commission of an offense punishable by this instruction. The level for the aider/abettor generally shall be the same as that for the offense committed by the principal.||2||75|
|e. Failing to perform a duty properly through negligence, laxness or ignorance, including unintentional failure to properly perform a duty.||2||30|
|f. Failing to correct or to report an offense. The level for the offense generally shall be the same as that for the offense committed by the principal.||variable|
|g. Unauthorized assuming of authority including unauthorized duty change.||2||30|
|h. Exchanging of money for watch duties.||2||50|
4. If any of the above listed offenses are specifically described by another delinquency code, that delinquency code should be used.
D. Standards of Behavior
1. Standards of decorum and conduct expected of ladies and gentlemen, as well as professionals, are also expected of cadets. These include actions or words that would bring discredit upon the Academy when the individual is identifiable as a member of the Massachusetts Maritime Academy.
|a. Arraignment of a cadet for a felony or misdemeanor by federal, state or local authorities shall not prohibit the Academy from disciplining a cadet for any conduct violation.||1|
|b. Assaults; threats, whether verbal or physical that place a reasonable person in imminent fear of bodily harm or threats that breach a reasonable sense of security. Assault and battery, whether the assault caused minor or serious injury. To include bullying and cyber-bullying through the use of social media.||1|
|c. Extortion: the making of an unlawful threat against another in order to induce the latter to commit an act or refrain from committing an act to the advantage of the person making such threat.||1|
|d. Falsehood: to include any deliberate misleading or evasive statement, the concealment of any pertinent information, any attempt to deceive a person in authority, false muster or any false entry in a log or other official document, to include "fake IDs".||Honor Code (HC) see Appendix A|
|e. Fraud: to include cheating, plagiarism, internet misuse or charging phone calls or other charges to Academy equipment or to any member of the Academy community.||Honor Code (HC) see Appendix A|
|f. Discrediting public conduct: acts that tend to reflect discredit on the Regiment of Cadets or on the Academy.||1|
|g. Abuse of power or authority - unwarranted assumption of authority.||2||100|
|h. Engaging in unauthorized money making activities, to include gambling.||2||varies|
|i. Inappropriate behavior prejudicial to good order and discipline, to include hazardous skylarking. Can be raised to the level of a class 1 offense if the potential for serious injury to self or others exists.||2||100|
|j. Fleeing/avoiding police/public safety officers.||2||100|
|k. Disrespect to a person in authority.||2||30|
|l. Challenge to personal combat, threat of physical violence.||1|
|m. Improper conduct during class. To include use of cellular phone or any other device not authorized by proper authority.||2||30|
|n. Discrediting personal conduct: acts that tend to reflect disgrace or discredit to oneself.||2||100|
|o. Obscene, profane, provoking improper language, gestures, images, or social media postings||2||30|
|p. Unauthorized removal of food or equipment from dining hall.||3|
|q. Operating sound equipment in a manner that disturbs other cadets.||3||10|
|r. Failing to self-report to the Commandant's Office or other administration official when arrested by law enforcement off campus for any charge/charges or involvement in any type of incident with the probability of criminal proceeding resulting.||2||100|
|s. Hazing- recklessly or intentionally endangering the mental or physical health of a cadet. (See Appendix C)||1|
- All acts of discrimination, discriminatory harassment, and retaliation, which deny or have the effect of denying to any person their rights to equity and security on the basis of their membership in or association with a member of any protected class. The Academy reaffirms the values of civility and pre-eminence of individual human dignity as preconditions to the achievement of an academic community, which recognizes and utilizes the resources of all people.
- The President reserves a variable policy for violations herein this section. All violations of this nature will be investigated and, if warranted, referred to a Class I board. Dependent on individual circumstances, most, if not all, recommendations from the board shall be one of the following:
- Findings and recommendations of The Disciplinary Board will be provided to The President for final decision, as outlined in 3-209-C.
- Herein protected class refers to characteristics or groups of persons protected from discrimination by law, including, race, color, religion, national origin, persons of color, age, disability, gender, gender identity, gender expression, sexual orientation, genetic information, marital/parental status, or veteran status.
- The below offenses are in addition to all prohibited behavior outlined and defined in the Massachusetts State College’s Equal Opportunity, Diversity, and Affirmative Action Pan.
|i. Public displays of sexual acts either consensual or non-consensual. Sexual acts include touching, intercourse, or other actions that reasonably would excite or satisfy the sexual desires of the actors.|
|ii. Indecent exposure|
|iv. Prostitution or associating with prostitutes|
|vi. Sexual exploitation, taking advantage of another person for one’s own benefit, or the benefit of anyone other than that person without that person’s consent.|
|vii. Engaging in manipulative, threatening, and coercive behavior to obtain consent. (This includes the use of alcohol or drugs to impede judgment, or incapacitate)|
|viii. Violations of the Massachusetts State College’s Sexual Harassment Policy|
c. Sexual Violence
i. Rape. The penetration no matter how slight of the anus, vagina, or mouth by any body part of another person or by an object without consent. This includes the performance of oral sex or anal sex on another person without that person’s consent.
ii. Assault (sexual). An assault that places a reasonable person in imminent fear of bodily harm or threats. Any kind of sexual physical contact that involves any form or coercion, force, or lack of consent. Sexual physical contact includes the intentional touching of another person on an area of the body generally recognized as a private part of the body, or touching any part of another person’s body with a private part of one’s own body, no matter how slight. To include kissing or fondling without consent, advancing sexual activity without consent, and ignoring a partners objections to sexual activity.
iii. Aiding or assisting in the commission of an act of sexual violence.
iv. Violations of the Massachusetts State College’s Sexual Harassment Policy
All alcohol violations require that the cadet complete an online alcohol assessment. Completion of the assessment will be required within one week of the cadet being given. A certificate of completion must be submitted to the Class II Mast Board Chairperson within the allotted time.
1. The Commandant’s Office will notify the parents or guardians, via letter, of any cadet who has been found guilty of an alcohol related offense. In addition, the cadet will have his/her campus parking privileges revoked for one calendar year from the date of offense.
2. Students who obtain alcohol and distribute alcohol to persons under the legal drinking age will face a Class I conduct charge of "Unauthorized sale and/or transfer of marijuana, narcotics, alcohol and other controlled substances."
3. Any cadet found guilty of a second alcohol offense will be referred to the Aptitude Review Board to be processed for possible suspension or dismissal. Cadets found guilty of a second alcohol offense may be mandated to see the MMA Behavioral Health Counselor.
4. Offenses: Designer Drugs, including, but not limited to, synthetic drugs (K2, spice, herbal potpourri, etc.)
|a. Unauthorized possession of marijuana, narcotics and other controlled substances.||1|
|b. Unauthorized use of marijuana, narcotics and other controlled substances or failure to comply with a random/directed drug test when notified.||1|
|c. Unauthorized sale and/or transfer of alcohol, marijuana, narcotics and other controlled substances.||1|
|d. Driving under the influence of alcohol, marijuana, narcotics and other controlled substances.||1|
|e. Consumption of alcohol while in a watch or duty status or within 12 hours of assuming duty/watch||1|
|f. Unauthorized possession, use or in the presence of alcoholic beverages.
Loss of Parking
|g. Intoxication: having lost noticeable possession of faculties as evidenced by conduct, actions, deeds statements or any impairments of one's ability to function normally.||2|
|h. Unauthorized possession, use, or in the presence of alcoholic beverages by a minor.
Loss of Parking Alcohol Assessment
|i. Violation of Academy tobacco policies.||2|
|j. Intoxication extreme: abuse of alcohol on or off campus to the point in which the cadet’s own safety or the safety of others is placed in jeopardy and for which the offending cadet may require immediate medical attention. (This situation during Sea Term will result in immediate discharge from the training ship and a class one discipline board at a later date).||1|
F. Military Bearing/Civilian Appearance
1. It is incumbent upon a cadet to maintain a proper appearance at all times, both in and out of uniform and to maintain proper military demeanor.
|a. Unauthorized wearing of insignia or class stripes to which one is not entitled.||2|
|b. Unsatisfactory appearance in uniform.||3||15|
|c. Wearing a deteriorated, discreditable, or soiled item of uniform.||3||15|
|d. Improper conduct in ranks.||3||10|
|e. Possession of a deteriorated or discreditable item of uniform.||3||10|
|f. Not shaven properly.||3||10|
|g. Improper haircut and/or grooming.||3||10|
|h. Wearing an improper uniform.||3||10|
|i. Wearing inappropriate civilian clothes or wearing civilian attire when not authorized to do so.||3||15|
|j. Failure to observe military customs and courtesies to include failing to render or return a proper hand salute.||3||15|
|k. Failure of Regimental personal inspections.||3||20|
G. Dormitory/Room Condition and Appearance
|a. Use of unauthorized means of entrance to or exit from the dormitory or dorm room to include using the deadbolt latch as an anchoring device to unsecure a dorm room.||2|
|b. Failure of Admiral's or Captain's Inspection.||2|
|c. Violation of regulations concerning room arrangement/standards, to include contraband, to major or minor effect.||3||10|
|d. Failure of room inspection.||3||10|
|e. Articles thrown from any window or articles hanging outside of dorm windows.||3||10|
|f. Failure of Regimental room inspections.||3||20|
H. Safeguarding MMA and Personal Property
|a. Destruction to or damage of MMA property, intentionally by gross negligence, of a value equal to or more than $250 to include replacement cost. Destruction or damage to another's property of any value, intentionally or due to gross negligence.||1|
|b. Theft or attempt to commit theft to include receiving stolen property.||HC|
|c. Driving a vehicle or any marine vehicle so as to endanger any person or property. Failure to report driving violations that occurred an Academy grounds to respective Company Officer.||1|
|d. Unauthorized entrance into any Academy building, vessel, vehicle, premises or a room other than your own.||1|
|e. Fire or other alarm: unauthorized use or tampering with fire alarms or other fire suppression devices or sounding a false alarm.||1|
|f. Unauthorized opening, reading, or tampering with mail, e-mail or the private documents of others.||1|
|g. Unauthorized use of or tampering with Academy property.||2|
|h. Destruction to or damage of MMA property, intentionally or gross negligence, of a value less than $250 to include replacement cost. Destruction or damage to another’s property due to carelessness or negligence.||2|
|i. Having unauthorized guests on Academy premises.||2|
|j. Removing articles from buildings, rooms, or any other academy property without the expressed permission of proper authority.|
I. Weapons and Fireworks (Weapons of any kind and fireworks are not authorized on campus)
|a. Unauthorized possession or maintenance of any firearm, ammunition, dangerous weapon or instrument. This includes cross bows, spear guns, double edged knives, paintball guns, B-B guns, air guns, pepper spray, stun guns, Tasers or any facsimile of a weapon and fireworks of any type in addition to any other dangerous weapon as prescribed by Mass. General Laws.||1|
|b. Igniting or Possessing fireworks on or in the vicinity of MMA property.||1|
J. Absences or Tardiness
1. The characteristic of reporting on time is inherent in a cadet who is self-disciplined and who possesses a strong sense of duty. The cadet must learn to allow sufficient time for unknown circumstances and unforeseen delays in reporting. The seriousness of tardiness is indicated only partly by the length of time involved. The degree of judgment exercised by the cadet in attempts to report for duty is also taken into consideration. For example, a cadet may be only slightly late, but if his/her actions indicate lackadaisical, unconcerned planning, that cadet should be dealt with more severely than should one who was late substantially in spite of attempts to report on time.
|a. Absent without authority 24 hours or more or absent sailing muster.||1|
|b. Breach of Restriction.||1|
|c. Absent Restriction formation or restriction duty.||2|
|d. Absent without authority less than 24 hours, to include Monday and Friday Morning Formation.||2|
|e. Absent without authority from obligation through negligence (off-campus event, class, musters, taps, formations, study hours, march-on practices etc.)||3||10|
|f. Late without authority from obligation through negligence: (Off-campus event, class, mast, musters,, taps, formations, study hours, etc.).||3||5|
|g. Absent march-on, change of command, other ceremonial functions or failure to report for assigned Class III or II Mast hearing.||2|
206 Reporting Authority
A cadet may be reported for being deficient. Reports may be submitted at any time by Academy Administrators, Faculty or Staff Members, Ship's Officers, Academy Public Safety Officers, Senior Cadet Officers, or by any Squad Leader with approval from a Senior Cadet Officer with annotated approval in the description of offense section of the electronic tap sheet Any cadet not granted reporting authority by this Article shall report violations of these Regulations and Standards to a person who has such reporting authority.
207 Procedure for Processing Mast Reports
A. The Deputy Commandant of Cadets or designee, after receiving a Mast offense, shall review the offense, and when necessary request more information, inquire into the circumstances, and take one of the following actions:
1. Exonerate the cadet.
2. Classify the deficiency as a Class III Offense and assign the case to the Company Mast board for disposition in accordance with the procedures outlined in Article 209.
3. Classify the deficiency as a Class II Offense and assign the case to the Commandant's Mast Board for disposition in accordance with the procedures outlined in Article 209.
4. Classify the deficiency as a potential Class I Offense and assign an Academy Company Officer to conduct an investigation of the reported offense. Standard of evidence used in investigation and proceedings is a preponderance of evidence.
5. Classify the deficiency as an Honor Code Offense and assign the case to the Honor Committee.
6. After reviewing the report of the investigating Company Officer, the Deputy Commandant of Cadets shall take one of the following actions:
a. Exonerate the cadet.
b. Reclassify the violation as a Class II or Class III Offense.
c. Classify the violation as a Class I Offense and refer the case to the Disciplinary Board for action.
B. Mast Report - Process Time Chart
When the Mast Report Form is submitted to the Commandant's Office, the following recommended processing times, authority, and actions will commence. The times are recommended as a guide only.
1. Deputy Commandant or designee: Reviews/Classifies Mast Report Form (4 days).
2. Investigating Officer: Conducts Investigation (21 days).
3. Deputy Commandant or designee: Classifies deficiency (4 days).
4. Cadet: Responds to charges in accordance with Article 209C (3days).
208 Composition of Mast Board, Disciplinary Board, Aptitude Review Board, and Re-admission Board
A. The Company Class III Mast Board shall consist of three members: The Company Commander (or designee), Company Discipline Officer (or designee), and another staff member within the Company of any rank. Any Company Mast Board member shall excuse themselves from the mast hearing panel if he or she assigned the disciplinary action. The Company Officer shall be present to ensure the proper administration of the Mast Board. Processed cadets may appeal awarded demerits to the Company Officer within 24 hours of the mast hearing in writing. If the Company Officer issued the discipline, the appeal may go to the Deputy Commandant of Cadets within 24 hours of the mast hearing in writing.
B. The Commandant's Mast Board shall consist of the Commandant's Discipline Officer or (designee) who shall serve as Chairperson and two Cadet Officers from the Regimental Staff. Any Commandant's Mast Board member shall excuse themselves from the mast hearing panel if he or she assigned the disciplinary action
C. The Disciplinary Board and the Aptitude Review Board shall each consist of the following:
1. Academic Dean: Chairman
2. Vice President of Enrollment Services or his/her designee: Member.
3. Registrar or his/her designee.
4. Dept. Chairman (Of accused cadet's major) or his/her designee: Member.
5. Regimental Commander (Or any other regimental Officer) or his/her assignee: Member.
6. SGA President (Or any other Regimental Officer): or his/her designee: Member.
7. The President may, when he/she deems appropriate and at her/his sole discretion, whether temporarily or otherwise, appoint other officers to serve instead of those designated above or additional officers, if considered necessary. In addition to the foregoing, during any period in which the training ship is on cruise status, there shall be constituted a Disciplinary Board and an Aptitude Review Board, each shall serve as such aboard the training ship and, unless the President shall otherwise direct, respectively shall have all the powers and duties ascribed to the Disciplinary Board and to the Aptitude Review Board by these Regulations. The President in some cases, such as sexual assault, sexual misconduct, may choose to remove cadets from the board to comply with an alleged victims wishes.
D. The Sea Term Disciplinary Board and Aptitude Review Board shall consist of the following:
1. Master of the Training Ship: Chairman.
2. Chief Engineer: Member.
3. Chief Mate: Member.
4. Department Chairman/Training Coordinator: Member.
5. Regimental Training Ship Commander: Member
6. Cadet Chief Mate/Cadet Chief Engineer.
7. The President may from time to time and at her/his sole discretion, whether temporarily or otherwise, appoint other officers to serve in the stead of those designated above or additional officers, if considered necessary.
E. A quorum consisting of not fewer than four of the members is sufficient to convene either the Disciplinary Board or the Aptitude Review Board for the valid transaction of matters within the purview of either Board.
F. When suspended or dismissed from the academy a suspended/former Cadet will not be permitted to enroll in any courses at the Academy, to include the Department of Continuing and Graduate Education.
A. Class III Offenses:
1. Each Company Discipline Officer shall prepare a confidential mast list via MMA email cadets who have been placed on report for Class III Offenses. It shall be the responsibility of the cadet notified to report to the Company Mast Board at the time and place indicated If a cadet is pleading not guilty and has evidence to back up the claim, he or she shall provide clear and decisive documentation to the board the day of the mast hearing. The cadet shall sign a contract notification for awarded demerits and restriction with a breach in restriction resulting in a Class II. Failure to appear before the Class III Mast Board or to properly notify the Discipline Officer will result in automatic assignment of the demerits and restriction listed in this manual for the offense charged. In addition, a mast report for offense 205-J-2-f-h (absence without authority from obligation through negligence) will be issued and addressed at the Commandant’s Mast Board (Class II Mast).
2. After concluding any oral and/or written statement, the cadet on report will withdraw from the room while the Board deliberates her/his case. The Board will follow the schedule of punishments for Class III Offenses.
3. Cadets awarded demerits by the Company Mast Board may appeal their cases in writing to their Company Officer within 24 hours after the posting of the decision. In doing so, they shall state in writing the grounds upon which they base their appeal. The decision of the Company Officer shall be final. In the case where the Company Officer is involved in awarding demerits, the cadet may appeal to the Deputy Commandant.
1. Regimental Operations Officer shall prepare a confidential mast notification via MMA email for individual cadets who have been placed on report for a Class II offense. It shall be the responsibility of the cadet notified to report to the Commandant's Mast Board at the time and place indicated. If a cadet is pleading not guilty and has evidence to back up the claim, he or she shall provide clear and decisive documentation to the board the day of the mast hearing. If the Commandant's Mast Board does not have substantial evidence of the cadet offense in time for the mast hearing, the case may be suspended until such evidence is gathered.
After concluding any cadet oral and/or written statement the cadet on report will withdraw from the room while the Board deliberates her/his case. The Board will follow the schedule of punishments for Class II Offenses. In addition, the cadet must sign a contract notification for awarded demerits and restriction with a breach in restriction resulting in a Class II.
2. Unauthorized absence from Class II Mast will result in the Board hearing the charge with the cadet in absentia. In addition to the demerit and restriction penalty awarded for the original offense, a penalty will be awarded for missing the mast (offense 205-J-2h). Any absence must be approved by either the Chairperson of the Class II Mast Board or the Regimental Operations Officer prior to the mast hearing.
3. Should the Commandant’s Mast Board determine that a Class I Offense is involved, such offense will be handled in accordance with Article 209-C. If subsequently classified as a Class I Offense, any previously submitted statement will be returned to the cadet, and such statement will not be used in subsequent proceedings without the consent of the cadet. The Commandant’s Mast Board, after hearing mitigating arguments by the charged cadet, can reclassify a Class II Offense to a Class III Offense. The board shall then proceed with and follow the schedule of punishment for a Class III Offense.
4. Cadets awarded demerits and/or punishment as a result of being found guilty of a Class II Offense may appeal in writing or via email to the Deputy Commandant of Cadets within 24 hours of the time that the cadet is informed of the decision. In doing so, the cadet shall state in writing the grounds upon which her/his appeal is based and include information unavailable at the time of the hearing. The Deputy Commandant of Cadets will then review the decision of the Commandant’s Mast Board and the grounds upon which the appeal is based and shall render a decision. The decision of the Deputy Commandant of Cadets will be final. If the Deputy Commandant of Cadets is involved in a case, the appeal will be heard by the Commandant of Cadets. The Deputy Commandant of Cadets or designee may also suspend the findings of the Commandant’s Mast. Said suspension shall be prescribed by the Deputy Commandant of Cadets or designee and all stipulations must be met for the duration of the suspension. Failure to adhere to all of the stipulations will automatically nullify the suspension and the original findings will be reinstated. This includes the guilty findings of another mast sheet for any offense or at the discretion of the Deputy Commandant of Cadets or designee.
2. The Deputy Commandant of Cadets shall give the cadet not less than 48 hours’ notice of the time, date, and place of the hearing scheduled to be held before the Disciplinary Board. No hearing will be held during the 48 hours within which the cadet may respond in writing to the formal charges and specifications. Such notice may be given together with or apart from the written statement of charges and specifications as the Deputy Commandant may determine in each case. Email notice is considered proper notice.
4. Cadet counsel shall function as an advisor rather than as an advocate. Counsel is to provide the cadet with guidance so as to enable the cadet to present her/his position, truthfully and with clarity and accuracy. Counsel shall appear before the board with the cadet to hear the charges in the Class I Offense, and counsel shall be granted permission to address such remarks as he/she desires to the Board on behalf of the cadet.
6. Counsel may be assigned to render such other assistance to the cadet as the Deputy Commandant of Cadets shall deem appropriate. Whenever the events on the basis of which a cadet formally has been charged with a Class I offense constitute the basis for any pending and potential criminal proceedings, the cadet so charged shall be entitled to have an attorney present during the course of the hearing held pursuant to Article 209-C. Such attorney shall be permitted to advise the cadet concerning her/his rights and the presentation of her/his case but shall not be entitled to question the cadet or any other witness or to make any argument or presentation to the Board. The cost of any such attorney shall be borne solely by the cadet.
a. Should a cadet choose to resign prior to the adjudication of disciplinary offenses, the offenses will be considered pending. Should a former cadet, at a later date, apply for readmission, the offenses must be adjudicated before the former cadet could be considered for readmission. The length of time a former cadet has been away from the Academy will have no bearing on the pending offenses.
b. Any cadet who abruptly leaves or resigns from the Academy and/or abandons his/her regimental obligations and duties, who has pending a Class I Mast Report, or is scheduled for or about to be scheduled for an aptitude review board and/or is the subject of honor’s violation investigation and/or Class I investigation, will by default be considered dismissed from the Academy for discipline reasons. If a cadet chooses to resign, she/he must do so in writing at least 24 hours before the convening of the board. If a resignation is received within 24 hours of the convening of a board the Chairman may choose to hold the board in absentia.
a. The member challenged was a participant in the events out of which the incident arose.
b. The member challenged is related to or has past association with the cadet charged or with the events giving rise to the incident, said association being of a kind that would prejudice her/her judgement to the degree that a fair hearing would be jeopardized.
b. Reduction of the Class I Offense to a Class II Offense and award of not more than a 100 demerits, conduct probation, restriction, and/or other punishment short of suspension or dismissal, if the inquiry determines that the misconduct is of a lesser degree than that of a Class I Offense.
a. In a case in which exoneration has been recommended, the President may reinstate the original charge or may institute some lesser charge. In either case, the charge shall be dealt with again in accordance with the applicable provisions of this Article 209.
b. In a case in which reduction of a Class I Offense to a Class II Offense, may reinstate the original Class I Offense (in either case, the charge shall be dealt with in accordance with the applicable provisions of Article 209), or may impose some sanction for Class II Offenses greater or lesser (including exoneration) than that recommended by the Board.
c. In a case in which suspension has been recommended, the President may impose some lesser sanction (including exoneration) or may impose the sanction of dismissal.
d. In a case where dismissal has been recommended, the President may impose some lesser sanction (including exoneration).
2. When the Deputy Commandant of Cadets determines that a cadet has exceeded the demerit limit for her/his class as provided in Article 211-B, the Deputy Commandant of Cadets shall, as soon as may be practicable, serve the cadet concerned with notice of either of the following:
a. The demerit limit applicable to member of her/his class, and the total number of demerits then accumulated by the cadet during her/his conduct years; or
b. The number of demerits permitted the cadet during her/his enrollment period and the total number of demerits then accumulated by the cadet during her/his enrollment period. There shall be attached to such notice a copy of the cadet’s current or up-to-date Disciplinary Record. Such notice shall advise the cadet that within forty-eight (48) hours he/she may submit a written statement to the Deputy Commandant of Cadets concerning any matter he/she thinks pertinent. Any such statement will become a part of the record in any subsequent investigation and review. If the cadet does not desire to submit such a statement, he/she must indicate this in writing.
3. The Deputy Commandant of Cadets shall give the cadet not less than 48 hours’ notice of the time, date, and place of the review scheduled to be held by the Aptitude Review Board, provided that no such review shall be scheduled to take place during the period of 48 hours prescribed by the foregoing paragraph (2). Such notice may be given together with or apart from the notice required to be given pursuant to the foregoing paragraph (2).
a. Should the Commandant of Cadets determine that a cadet candidate's aptitude and/or misconduct during the orientation period affects the good order, discipline and/or the safety of other, the Commandant will establish a board whose membership shall consist of the following:
- The Commandant of Cadets or Deputy Commandant
- The Regimental Commander
- The Vice President of Enrollment or Director of Admission
4. Prior to the convening of the Aptitude Review Board for the purpose of conducting any aptitude review, the cadet whose aptitude is under review may voluntarily submit her/his resignation. Subsequent to the convening of the board, the Chairperson of the board may refuse to accept the resignation.
5. Every cadet required to appear before the Aptitude Review Board for an aptitude review shall be free to select as counsel any officer on the Academy Staff willing to serve. In the event that the cadet is unwilling or unable to obtain counsel, the President shall appoint an officer to serve in that capacity. The cadet must notify the Deputy Commandant of her/his choice of counsel, or of the inability to obtain counsel within 48 hours.
6. Such counsel shall function as an advisor rather than as an advocate. He/she is to furnish the cadet with guidance so as to enable the cadet to present her/his position truthfully and with clarity and accuracy. It is not the function of the counsel to encourage the use of any tactics or techniques of evasion so as to prevent the Board from ascertaining the truth of any matter before it. Counsel shall appear with the cadet before the Board and shall be granted permission to address such remarks as he/she desires to the Board on behalf of the cadet.
7. All information, remarks and advice passing between the cadet and her/his counsel shall be deemed privileged and confidential.
8. Counsel may be assigned to render such other assistance to the cadet as the President shall deem appropriate.
9. The cadet may challenge any member of the Aptitude Review Board for cause by submitting a written statement which establishes that the member challenged is related to or has past association with the cadet which is of a kind that would prejudice the member’s judgment to the degree that a fair hearing would be jeopardized. No member of the Aptitude Review Board shall be subject to challenge by a cadet solely by reason of the fact that the member has participated previously in an adjudicatory capacity or in a disciplinary matter affecting the same cadet. Such challenges shall be submitted to the Chairman of the Aptitude Review Board, who shall forward them to the President via the Commandant for action and decision. Peremptory challenges (without cause) are not permitted.
10. The Aptitude Review Board shall convene as soon as possible after the cadet has been served with the notice required to be given pursuant to the foregoing paragraph (2). Except in unusual circumstances, the Board shall convene no later than 2 weeks after the cadet has been served with such notice. The cadet and counsel shall appear before the Board at the scheduled hearing, and the Board shall conduct an inquiry concerning the cadet’s suitability as a cadet at the Academy. In doing so, it shall consider the cadet’s entire disciplinary and academic record at the Academy and any statement, testimony or evidence submitted by the cadet in her/his own behalf. It also may consider any other statements, testimony or evidence deemed by it to be relevant to its inquiry, provided only that in every such case it shall inform the student of anything so considered. The cadet or the cadet’s counsel may bring to the attention of the Board any circumstances or matter that the cadet or cadet’s counsel believes may mitigate or explain the number of demerits awarded for any prior deficiency, but the Board shall have no authority to reopen or to conduct any new inquiry concerning any such prior deficiency or to alter the number of demerits previously awarded. At the conclusion of the hearing, the Board shall forward its findings and recommendations, together with its reasons therefore, to the President. A copy of the Board’s findings and recommendations shall also be transmitted to the cadet through the Commandant. These recommendations shall be one of the following:
a. No action.
b. Probation with or without the imposition of a limit upon the further accumulation of demerits and with or without the imposition of any other conditions or limitations.
11. Upon consideration of any such recommendation, the President shall have discretion either to impose the recommended sanction or to impose a sanction either greater or lesser than the recommended sanction. If the President fails to accept the recommendation of the Board, however, the President shall do so subject to the following:
a. In a case where no action has been recommended, the President nevertheless may impose any of the sanctions prescribed by Article 209, provided that the President does so only in accordance with paragraph (12) below.
b. In a case where probation has been recommended, the President may alter the conditions and limitations thereof and may add additional conditions and limitations, provided that the President imposes more stringent or onerous conditions and limitations only in accordance with the following paragraph (12).
c. In a case where suspension has been recommended, the President may impose some lesser sanction (including no action) or may impose the sanction of dismissal.
d. In a case where suspension has been recommended, the President may impose some lesser sanction (including no action).
12. Whenever, upon review of the Board's recommendation, the President shall deem it advisable to impose a sanction greater than that recommended by the Board, the President first shall give the cadet in question the opportunity to be heard prior to making any final decision.
13. Whenever the Board shall have recommended suspension or dismissal, the President first shall give the cadet in question the opportunity to be heard prior to making any final decision.
14. The decision of the President shall be final but shall be subject to any statutory right of appeal, which right shall be described in the decision of the President.
E. Readmission Review
1 Whenever any cadet is suspended from the Academy in accordance with Article 209-C or -D, he/she thereby puts in question her/his aptitude for a professional career and, therefore, her/his suitability as a cadet at the Academy. In every such case, therefore, the cadet in question shall, prior to the date on which her/his suspension is scheduled to terminate, be subject to a readmission review in accordance with the following provisions of this section. The readmission review shall be conducted by the Disciplinary Board if the cadet’s suspension was imposed for disciplinary reasons. It shall be conducted by the Aptitude Review Board if her/his suspension was imposed for lack of aptitude. Two senior members of the Aptitude Review Board and one member of the Regimental Staff and/or one Student Government Association officer shall constitute a quorum.
2. During the period of any suspension, a cadet shall conduct herself/himself in conformity with the Regulations and Standards for the Regiment of Cadets of the Massachusetts Maritime Academy's subject as described:
a. During any period when a cadet on suspension is not present at the Academy, the Regulations and Standards shall apply to her/him in the same manner and to the same extent that they would as a cadet actively enrolled by not actually present at the Academy.
b. During any period when a cadet on suspension is present at the Academy for any reason, the Regulations and Standards shall apply to him/her in the same manner and to the same extent that they would as a cadet actively enrolled and present at the Academy.
3. The Deputy Commandant of Cadets shall give the suspended cadet not less than 72 hour notice of the time, date, and location of the readmission review and shall state whether the review will be conducted by the Disciplinary Board or by the Aptitude Review Board. In giving notice, due allowance shall be made for the time required by the cadet to travel to the Academy. If the Academy has reason to believe that, during the period of her/his suspension, any cadet has violated the Regulations and Standards as they are applicable to her/him under the provisions of the foregoing paragraph (2), the Deputy Commandant of Cadets or his/her designee, when giving notice of the readmission review, shall also give notice of the reasons for which the Academy believes the cadet has violated the Regulations and Standards.
4. The suspended cadet may challenge any member of the Board for cause by submitting a written statement that establishes that the member challenged is related to or has past association with the suspended cadet that is of a kind that would prejudice her/his judgment to the degree that a fair hearing would be jeopardized. No member of the Board shall be subject to challenge by a suspended cadet solely by reason of the fact that he/she has previously participated in an adjudicatory capacity or in a disciplinary matter affecting the same cadet. Such challenges shall be submitted to the Chairperson of the Board who shall forward them to the President via the Commandant for action and decision. Peremptory challenges (without cause) are not permitted.
5. The Board conducting the readmission review shall convene as soon as possible after the cadet has been served with the notice required to be given pursuant to the foregoing paragraph (3). Except in unusual circumstances, the Board shall convene no later than 2 weeks after the cadet has been served with such notice. The cadet and his/her counsel shall appear before the Board at the scheduled hearing and the Board shall conduct an inquiry concerning the cadet’s suitability for readmission as an active cadet at the Academy.
a. Whenever any cadet has been given notice that the Academy has reason to believe that, while suspended, he/she has failed to conduct himself/herself in conformity with the Regulations and Standards, it shall be the responsibility of the cadet to show cause why he/she should be reinstated as an active cadet at the Academy upon the termination of his/her suspension. The cadet or his/her counsel may bring to the attention of the Board any circumstances or matter that he/she believes will assist the Board in its determination of this matter.
b. A suspended cadet must meet all restrictions, conditions or assessments directed at the disciplinary board or aptitude review board before a readmissions board will be convened.
6. At the conclusion of the hearing, the Board shall forward its findings and recommendations, together with its reasons therefore, to the President. A copy of the Board’s findings and recommendations shall be transmitted through the Deputy Commandant to the cadet. The recommendation shall be one of the following:
a. Re-Admittance upon the termination of the current suspension.
b. Re-Admittance as aforesaid with the imposition of such conditions or limitations, including probation, as are deemed appropriate.
c. Continuation of the current suspension for a period that shall not exceed one academic year.
7. Upon consideration of any such recommendation, the President shall have discretion either to accept or reject the Board’s recommendation. If the President should choose to reject the Board’s recommendation, the President may adopt any of the alternatives that might have been recommended by the Board pursuant to the foregoing paragraph (10) of this section.
8. Whenever, upon review of the Board’s recommendation, the President shall deem it advisable to impose a sanction greater than that recommended by the Board, the suspended cadet in question first shall be given an opportunity to be heard by the President prior to any final decision in that regard.
9. Whenever the Board shall have recommended continued suspension or dismissal, the President first shall give the cadet in question an opportunity to be heard prior to making any final decision in that regard.
10. The decision of the President shall be final, but shall be subject to any statutory right of appeal, which right shall be described in the decision of the President.
210 Other Punishment for Offenses
The following action(s) may be taken by order of the Deputy Commandant or Commandant when any Mast Board, Disciplinary Board, or Aptitude Review Board recommends that demerits are inadequate or that circumstances require action short of dismissal or suspension.
A. Written reprimand.
B. Restriction to Academy or training Ship limits for a specified period of time.
C. Extra work assignments, to include Community Service.
D. Reduction or loss of cadet officer rank.
E. Conduct probation.
F. Removal from the work study payment rolls for any period up to 6 months.
G. Suspension from athletic team activities and contests.
H. Removal of parking privilege on campus.
I. Completion of online course, Alcohol Prevention & Online Educational Outreach.
J. Mandated alcohol assessment, at the cadet's expense.
211 Demerits and Conduct Status
A. Conduct Periods: For purposes of administering these Regulations and Standards, conduct year is defined, as follows: The conduct year begins at 0700 on the first day of classes for the Fall Term and ends at 0659 on the morning of the first day of classes for the Fall Term of the succeeding year or upon graduation. For transfer students, the academic year begins at 0700 on the first day of Orientation, per the academic calendar and commences at 0659 on the morning of the first day of classes for the Fall Term of the succeeding year.
B. Conduct Status: All demerits awarded to any cadet shall be cumulative and, for purposes of determining her/his cumulative conduct status, shall be carried forth from year to year during the cadets’ entire enrollment. The enrollment period for each cadet consists of all terms, whether or not they are consecutive, during which the cadet is enrolled at the Academy. The yearly conduct status and term conduct grades of every cadet will be determined on a numerical basis in accordance with the following list:
- First class cadet: 125/ year demerit limit
- Second class cadet: 150/ year demerit limit
- Third class cadet: 175/ year demerit limit
- Fourth class cadet: 225/ year demerit limit
- Total enrollment: 450 demerit limit
The cumulative conduct status of every cadet will be further determined with reference to the total number of demerits accumulated by the cadet commencing with the date of her/his first enrollment at the Academy. Those Third Class Cadets who accumulate over 100 demerits may not be eligible for co-op or commercial shipping. Any cadet, at any time, who shall have accumulated more than the demerit limit for his/her year or 450 demerits total, shall have thereby exceeded the demerit limit for her/his enrollment period and may be referred to an aptitude review board.
C. Conduct Actions
1. Aptitude Review: Guideline accordance with the provisions of Article 209-D.
212 Assignment of Responsibilities
The President may assign, from time to time and at her/his role discretion, whether temporarily or otherwise, any person to discharge any function or responsibility created or imposed by the provisions of these Regulations and Standards.
301 Extra Duty While on Restriction
1. Work assignments will be made by the Cadet Regimental Operations Officer or Assistant Regimental Operations Officer in consultation with the Commandant, Deputy Commandant, Discipline Officer, Company Officer, or Academy Staff Discipline Officer. Work assignments may be supervised by assigned company Squad Leaders or Cadet Senior Staff.
2. Seniors who are scheduled to graduate and who have outstanding restriction, will complete the required restriction under the direction of the Deputy Commandant. This will be done at the conclusion of final exams for the term. Failure to complete restriction may result in withholding a cadet’s Regimental Certificate and/or Diploma with the approval of the Academic Dean.
3. During assigned restriction days, cadets will be subject to random Academy on-campus or off-campus duties, functions (extra duty), watches, or other events as dictated by the Commandant, the Deputy Commandant, Discipline Officer, Academy Staff Duty Officer, or Company Officer. When necessary, extra duty assignments will be focused on meaningful work projects that will directly benefit the Regiment of Cadets and the Massachusetts Maritime Academy. Extra duty shall be performed on a not-to-interfere basis with other obligations such as academic class, study hours, or mandatory lectures.
B. Any potential Class I mast offense are to be immediately reported to the Deputy Commandant for the determination as to whether or not a formal investigation is required
C. 1. Class III offenses will be entered into WebAdvisor. Thee requester will receive email verification and the alleged offender will receive an email notification.
2. The week's accumulation of offenses will be sent to the Deputy Commandant, Discipline Officer and Regimental Operations Officer on Thursdays. The Company Officers will receive the Cadet Offense Report on Monday mornings.
3. The Company Officers will assign a Class (II or III) which will generate an email notification to the cadet.
Class II offenses will be entered into WebAdvisor. Reports will be forwarded to the charged cadet's Company Officer for review and evaluation.
Restriction to Academy grounds is a sanction awarded for offenses of a serious nature. Restricted cadets will be mustered at designated times and will not be allowed to attend Academy social or recreational functions, such as dances, concerts, etc. unless assigned to assist in such functions as per the Commandant, Deputy Commandant, Discipline Officer, Company Officer, or Academy Staff Duty Officer.
1. Restriction will begin at 0600 on the Monday following the awarding of the punishment. All assigned restriction will be served consecutively until completed. Cadets will be considered on a duty status throughout entire restriction obligation.
2. Restricted cadets will not leave Academy grounds without the specific authorization of the Commandant, Deputy Commandant, Academy Staff Discipline Officer, the Cadet's Company Officer, or the Academy Staff Duty Officer. To leave Academy grounds without permission will be a breach of restriction.
3. Cadets in a restricted status are subject to stand their assigned weekend or weekday watch. If a watch is assigned, the cadet will be excused from restriction that day or weekend. The day(s) missed due to watch obligation will not count towards a restriction day. If a cadet is assigned watch, he or she shall notify the Discipline Officer or Academy Staff Duty Officer.
4. All restriction formations will be in the Salt and Pepper uniform. Cadets may be subject to change uniform if given an assigned task during restriction period. Restriction formations will be held at CIC with an approved inspector. An approved inspector is either the ASDO, RSDO, or any member of the cadet Regimental Staff. Each restriction cadet will form up, stand at attention, and wait for personal inspection. If the inspector observes a cadet that does not meet the minimum grooming standard of his/her class, the inspector may add an additional day of restriction to the current assigned sentence. After sign-ins you are not allowed into the Mess Deck in your Salt and Pepper uniform, unless it is UOD.
5. Restriction formations will be held Monday-Friday at 0600 and from 1600 until 2200 on the top of the hour. On weekends, restriction formations will be held hourly from 0800 until 2200. Cadets on restriction during the weekends may be subject to participate in Academy events, watches, or any other obligation as per the Commandant, Deputy Commandant, Discipline Officer, Company Officer, or Academy Staff Duty Officer. Random bed checks may be directed by the ASDO to ensure restriction compliance.
6. Restricted cadets are restricted to the vicinity of their room and the Mess Deck, unless they have the express permission of the ASDO.
7. Restricted cadets are not permitted to have visitors on campus for any reason.
8. Only the Commandant, Deputy Commandant or the Academy Discipline Officer can excuse a cadet from his/her restriction obligation.
9. If a cadet has an obligation during his or her restriction sign ins, that cadet must get approval from the Academy Staff Duty Officer, Academy Discipline Officer, or Company Officer at the latest the morning of the obligation. Approved obligations include class, sports, watch, or an assigned task by an approved authority only. No other excuses will be acceptable and will result in a breach of restriction. Cadets with an approved obligation will not be penalized for missing a restriction sign in. The approved cadet obligation will be annotated by the approving authority in the restriction binder.
10. A cadet that fails to appear for a restriction sign in without proper excusal will be subject to a Class II offense code, 205-J2-H, and that day of restriction will not count towards his/her punishment.
11. The Commandant may remove cadets from varsity teams, club teams, Academy events, or other extracurricular activities while serving restriction.
12. Awarding authorities may revoke class privileges are revoked.
13. The Commandant or Deputy Commandant may suspend or revoke cadet automobile privileges (without refund) for three class III's or two class II's of the same offense within an academic year.