Hazing Accusations Against ROTC Cadets

The US military and the Reserve Officers' Training Corps (ROTC) uphold many traditions and initiation rites, which are integral to the organizations and their members. However, ROTC cadets or midshipmen face hazing accusations due to participating in these rituals and other activities. This can include drinking rituals involving the grog bowl, forced exercise (PT), or other behavior that may be later questioned as abusive. Several ROTC programs have faced criticism for these types of hazing activities. In 2013, Congress passed the National Defense Authorization Act, which mandated military entities to enhance training, data collection, and responses to hazing. ROTC cadets or midshipmen accused of hazing violations may face discipline or disenrollment from the ROTC program, suspension, or other discipline from their college or university, and in some instances, violations of criminal law. These actions can lead to a lifetime of limitations and hardships for the cadet, making it crucial to seek legal representation.

The Lento Law Firm is a Nationwide Student Defense Firm

The Lento Law Firm, a nationwide firm of education attorneys, is dedicated to representing ROTC cadets or midshipmen across the country. With our extensive experience in defending ROTC cadets or midshipmen facing discipline or disenrollment from ROTC or other violations with their college or university, we are well-equipped to protect your rights. If you or your loved one faces hazing charges, the Lento Law Firm Student Defense Team will provide a vigorous defense. Call 888.535.3686 or provide your details online, and we will contact you.

Consequences of Hazing Accusations for ROTC Cadets

ROTC cadets or midshipmen accused of hazing may face several types of legal or administrative action for hazing accusations, including:

• ROTC Disenrollment.
• University Code of Conduct charges.
• Criminal charges under state law.
• In rare cases, possible action under UCMJ.

Hazing may also “overlap” with other types of allegations, including sex discrimination, racial discrimination, and bullying. For instance, a cadet may face Title IX charges if hazing allegations involve aspects of sexual harassment against another student.

While criminal charges may seem the most serious of these potential legal consequences, ROTC disenrollment often carries the harshest penalties. Students may be required to enter active military service and/or repay scholarship amounts or other funds. A local criminal attorney is not the right choice for fighting these penalties. They do not have the experience in this unique area that the Student Defense Team at the Lento Law Firm has, to deal effectively with university and ROTC Command proceedings.

What is Hazing?

Hazing has different meanings depending on the institution or group. It can range from minor horseplay to serious assault and often involves activities that a person must participate in to become part of a group. In some institutions, like ROTC, hazing has a long history. The definition of hazing in ROTC is outlined in the Department of Defense policy and the policies of individual military branches. For ROTC cadets or midshipmen, the larger university or college may also have a policy that defines hazing, and this definition may also be considered in administrative discipline and disenrollment actions.

ROTC Policies on Hazing

The Department of Defense (DoD) has several policies on hazing that apply to all branches and entities of the military, including ROTC cadets and midshipmen. The DoD also has a policy that specifically addresses hazing by ROTC cadets and midshipmen.

DoD Policy

The DoD Policy on Hazing directs that hazing and bullying “erode mission readiness” and “will not be tolerated.” Hazing involves “initiations or rites of passage in which individuals are subjected to physical or psychological harm to achieve status or inclusion.” This policy covers off-duty time and actions done electronically or on social media.

ROTC Policy

DoD Instruction 1215.08 on ROTC Programs prohibits hazing in ROTC units and provides that: The practice of hazing is prohibited in all ROTC programs and will not be tolerated. Cadets and midshipmen must treat all people at all times with dignity and respect. Failure to do so may result in the individual being disciplined or involuntarily disenrolled from their ROTC unit. A cadet or midshipman disenrolled from an ROTC unit for hazing may not subsequently participate in any of the Military Services' officer commissioning programs.

This instruction does not define hazing but incorporates the definitions found in other DoD, Army, Navy, or Air Force policies.

Hazing Policies of Military Branches

Each Branch of the military has a code of conduct and policy on hazing, which apply to ROTC units.

Army

The US Army has a zero-tolerance policy on hazing. This policy defines hazing as an activity that is “cruel, abusive, oppressive, or harmful.” Army policy specifically defines the following as hazing:

• Striking a person or “piercing another's skin.”
• Forced consumption of excessive amounts of alcohol, food, or other substances.
• Encouraging another person to commit “illegal, harmful, demeaning or dangerous acts.”
• Directing or coercing someone else to engage in hazing.

Army policy recognizes that hazing is not necessarily physical but also may be verbal or psychological in nature. This does not mean that every physically or mentally demanding action is hazing. The following are NOT hazing under Army policy:

• The “physical and mental hardships associated with operations.”
• Corrective measures, if authorized and reasonable.
• Physical training.
• Remedial physical training.

Navy

The US Navy has a zero-tolerance policy on hazing. This policy defines hazing as behavior that is “cruel, abusive, humiliating, oppressive, demeaning, or harmful” and may be physical, verbal, or psychological in nature. Navy policy also includes “soliciting or coercing another” to engage in hazing acts as a violation of hazing policy.

The following are NOT hazing under Navy policy:

• Command-authorized or operational activities.
• Training to prepare for missions or operations.
• Corrective measures.
• Athletic events.
• Command-authorized physical training.
• Contests authorized by chain of command.

Air Force

The US Air Force does not have a specific hazing policy, but it does have standards of conduct, and it pursues disciplinary actions for hazing as a dereliction of duty or for underlying misconduct, which might include assault, battery, or maltreatment.

Aspects of Hazing are Unique Within the Military

The Defense Equal Opportunity Management Network recognized that hazing within the military is unique.

Hazing as a Tradition

For many groups, including ROTC, hazing is part of a group tradition. The group members may know and value tradition and strive to “leave their mark” on it. This may lead group members to attempt to “one up” or surpass the hazing of a prior class or era, making some hazing activities dangerous. This add-on effect may make hazing activities so dangerous that they become life-threatening. This can be seen in forced drinking activities, where members of a class seek to make the drinking more than in the past, resulting in alcohol poisoning of initiates.

Hazing is Often Planned in Secret

In military traditions, including ROTC, hazing is planned by members of a group behind closed doors. Most often, only a few group members may see the initiation activities. By their nature, hazing activities are secret activities. When this secret activity becomes public, the ROTC program may be subjected to extreme scrutiny. This public scrutiny may cause the events to be blown completely out of proportion.

Most Common Types of Hazing in Military

The following are some of the most commonly seen hazing allegations in the military:

1. Acts of humiliation.
2. Acts of violence, including beating, paddling, branding, or forced exercise.
3. Alcohol-related acts, including forced drinking.
4. Sex-related acts, including simulated sex acts, sexual assault, or forced kissing.

Military Training May Involve Behaviors Considered Hazing by Civilians

Military training often involves challenging the cadet both physically and psychologically. While the DoD, Army, and Navy policies make no distinction between physical and psychological hazing, this does not mean every challenging activity is hazing. It is vital to remember that many activities that might be considered hazing if done by civilians are not hazing if they are done within military training.

ROTC Disenrollment for Hazing

ROTC cadets and midshipmen are disenrolled for sixteen (16) reasons, including misconduct and undesirable character. A ROTC cadet accused of hazing may be subject to disenrollment from ROTC. This disenrollment is often devastating to the life of the cadet.

Disenrollment is a slightly different process for each branch of ROTC, but they are highly similar. The US Army follows the U.S. Army Cadet Command Document CC-PAM 145-4 from the Office of the Deputy Chief of Staff. Under this policy, discipline of a ROTC cadet may involve:

• Probation
• Termination of a scholarship
• Suspension from ROTC
• Full Disenrollment from ROTC

The disenrollment process is much more problematic for cadets and midshipmen who have accepted scholarships and are governed by the terms of the scholarship contract. If the ROTC Command recommends termination of a scholarship, they may recommend that the cadet remains in the ROTC program as a non-scholarship cadet, or they may recommend full disenrollment. In this event, the cadet would continue to be governed by the terms of the scholarship contract. If the branch of the military accepts a recommendation that the cadet continue in ROTC, the cadet will be subject to oversight, and the university will be notified of the action. However, disenrollment can also involve termination of the contract and disenrollment from ROTC. This may involve military service or repayment of scholarship funds.

Disenrollment Process of Branches of ROTC

In the US Army ROTC, the disenrollment process is as follows:

• The ROTC Command will provide notification of action taken against the cadet, including disenrollment. This notice may place the cadet on a leave of absence pending an investigation and further procedures.
• Following an investigation, the Command must provide the cadet with all evidence supporting disenrollment. If you notify the Command that you have an attorney, the Command will send this information to your attorney.
• The Command will appoint a review board to consider the charges. This review board is made up of at least three commissioned officers who are voting members and will decide the outcome. The board president reports to the judge advocate and will set and provide notice of the hearing.
• At the hearing, your attorney will present evidence, examine and cross-examine witnesses, and argue your case. Your attorney may also dispute the amount or validity of scholarship debt.
• A cadet may testify or not at the hearing, and no adverse action may be taken if a cadet refuses to testify.
• The review board will decide the disenrollment issue based on a “preponderance of the evidence” standard. The board will make findings and recommendations and forward these with a report of the proceedings.
• The Army then makes a decision on disenrollment and any terms of disenrollment. The US Army may order the cadet to active-duty service and may require the cadet to repay the funds provided. This obligation may not be discharged in bankruptcy.

In Navy ROTC, the disenrollment process is as follows:

• Navy ROTC may issue a warning and then proceed to probation, suspension, or termination of the ROTC contract. The Navy must notify the midshipman of the allegations against them.
• The Navy must provide a Performance Review Board (PRB) consisting of at least three members, including two commissioned officers and a college or university representative. The PRB will set the hearing date and provide notice to the midshipman.
• Following an investigation, the PRB must provide the midshipman copies of all documents, a summary of witnesses' statements, and other evidence.
• The midshipman may appear before the PRB and may be represented by an attorney. The PRB process is (according to the Navy) more informal in nature, and counsel is limited in terms of calling witnesses or asking questions.
• The PRB deliberates privately and votes by secret ballot. A simple majority is necessary to determine the outcome. The PRB will draft a report with all supporting documentation.
• The PRB may recommend no action, warning, probation, leave of absence, or disenrollment. The final decision is left to the Navy after the PRB provides a report.

In AFROTC, the disenrollment process is as follows:

• Air Force ROTC Command will follow the procedures outlined in applicable procedures set forth by the Air Force. If the Command determines that an investigation is necessary, it will have Form 10 or Form 111, which will give notice and will ask the cadet to sign a statement of understanding. Through this notice, a cadet may waive rights.
• The Air Force maintains that the investigation process is not adversarial and that the cadet is able to give evidence. The cadet may challenge the Investigating Officer (IO) for cause.
• The IO must give notice and ask the cadet to appear in person. The IO will complete an investigation report (ROI). The cadet has ten days to dispute the ROI. The Command will then make a decision on the outcome and terms of the disenrollment process. The terms of disenrollment depend on the length of time the cadet has been in ROTC and on scholarship status but may involve both repayment of scholarship funds and active military service.

Possible Consequences of ROTC Disenrollment

Disenrollment from ROTC may involve the following consequences:

• Suspension from ROTC
• Repayment of scholarship and other funds
• Active enlisted military service
• Forced withdrawal from the university for military service.

The disenrollment process is a life-altering event with devastating consequences for the cadet. If you have been notified that you face disenrollment because of hazing accusations (or other accusations), don't try to go it alone. Make sure you have an experienced ROTC attorney to help you navigate the process for the best possible outcome.

University Charges for Hazing Violations

ROTC cadets and midshipmen may also face university code of conduct violations for allegations of hazing. Every university has a student code of conduct, and this code typically covers hazing. Universities may impose penalties on students who participate or engage in hazing, including:

• Suspension
• Probation
• Expulsion
• Dismissal

Cadets or midshipmen accused of hazing may also face Title IX charges if the accusations involve sexual discrimination or harassment.

Cadets or midshipmen who face discipline by their university or college should consult with the Lento Law Firm immediately. Due to the unique nature of military code of conduct violations, the university or college may defer to the findings of the ROTC Command. Within larger university communities, hazing is very common, and more activities may be defined as hazing.

Hazing is Common at Universities

A 2018 study of 5,880 students from seven large universities found that hazing is incredibly common, with 70% of students reporting being aware of hazing and 25% reporting being involved in hazing. Most relevant to cadets or midshipmen, 25% of students affiliated with ROTC in this study reported involvement with hazing.

Most Frequent College Hazing Behaviors

In the 2018 study, the most commonly reported types of hazing experienced by university students were:

• Drinking games or drinking to the point of getting sick or passing out.
• Sleep deprivation.
• Screaming, yelling, or cursing.
• Public humiliation rituals.
• Performing sex acts or simulated sex acts.

The definitions of hazing in this study are problematic for ROTC cadets or midshipmen in that sleep deprivation or enduring harsh weather are part of combat training. Further, the chain of command may involve behaviors defined as hazing. For this reason, any cadet facing university code of conduct or Title IX charges should consult an attorney experienced in defending ROTC cadets or midshipmen against hazing accusations.

Hazing Allegations and Possible Criminal Charges

Criminal charges may be filed against a student for hazing. Nearly all US States have laws regarding hazing. Hazing may be a misdemeanor or a felony, depending on the state and the underlying conduct. Other state laws may also cover hazing for sexual assault, aggravated battery, or other charges.

The student must understand the state law to understand the likelihood of criminal charges. Your attorney can advise you on how these charges may interact and affect your student defense.

State Laws Regarding Hazing

Nearly all states prohibit hazing and have laws defining hazing. There are three main types of hazing laws, which almost all states tend to fit into:

1. States that define hazing in the criminal code but not in the education code and do not require colleges to have and enforce hazing policies.
2. States that define hazing in the criminal code and require colleges to take action.
3. States that define hazing in the education code and require colleges to take action.

Additionally, four US states do not have a legal hazing prohibition under either the criminal or education code.

Most states define hazing as intentional or reckless acts that endanger another person as part of an initiation ritual or condition for membership in an organization, program, or event. These definitions likely include physical force or violence, severe threats, and insults involving severe anxiety.

By way of example, Pennsylvania law defines hazing as knowingly or recklessly and for the purpose of affiliation or status with a group, commits or forces another person to do any of the following:

1. Physical acts of brutality, including “whipping, beating, branding, or forced calisthenics.”
2. Mental acts of brutality, including sleep deprivation, or other acts that “adversely affect the mental health and dignity” of an individual.
3. Forced consumption of foods, drugs, or alcohol that subjects an individual to risk of injury.
4. Sexual acts of brutality.
5. Any other activity that creates a likelihood of injury.

State laws prohibiting and defining hazing may affect how ROTC Command or a college or university responds to accusations of hazing. Further, if accusations of hazing are serious enough, they may involve criminal charges under state law.

Hazing and Discipline Under UCMJ

For the most part, ROTC cadets or midshipmen are not subject to the Uniform Code of Military Justice (UCMJ). But in some limited instances, the possibility of an Article 15, Captain's Mast, or court-martial may also be present for cadets or midshipmen accused of hazing. Cadets or midshipmen are subject to the UCMJ while on inactive-duty training. So, if hazing allegations occur during extended training during university breaks, a cadet may be subject to the UCMJ. Further, as cadets or midshipmen near graduation and have long-term assignments, violating DoD policies on hazing can lead to Article 92 charges under the UCMJ for failure to follow a lawful general order or other charges.

How an Experienced Student Defense Lawyer Can Help

If you have been accused of hazing, it's important to seek the advice of an experienced attorney as soon as possible. You may be worried about how defending your rights or speaking out could impact your career. It's important to have the right attorney who can help you navigate the system in a way that will produce the best outcome possible.

Whether you attend a traditional university, college, or senior military college, the Lento Law Firm Student Defense team will vigorously defend you against hazing allegations. Call 888.535.3686 or provide your details online, and we will contact you. We are here to help you protect your rights and preserve your reputation and future career.