Page 82 - MMI Cadet Manual SY2017.18

The investigation of incidents and subsequent disciplinary action follow procedures
outlined below:

a. The accuser must submit orally or in writing their complaint to the office of the
Commandant of Cadets, the Title IX Coordinator, CSA, or Law Enforcement
Agency (LEA) as soon as feasible. The Commandant of Cadets or the OC after
normal working hours will take measures to ensure safety, security, and privacy
of all parties as soon as possible. (LEA will be advised, if appropriate to the
situation). Although extreme emergency situations may not allow for timely
recording of accusations, all must eventually be recorded.
b. A Preliminary Inquiry (PI) will be conducted, normally by a member of the
Commandant’s staff within 3 days to determine whether the case meets the
serious incident status.
c. The Commandant of Cadets will brief the President and/or Executive Vice-
President concerning the specifics of the incident. If the incident is not deemed
to be serious, it will be addressed by the Commandant of Cadets in accordance
with procedures outlined in Chapter 10 of this Cadet Manual.
d. If the President or Executive Vice-President deems the threshold for serious
incidents has been breached, an Investigating Officer (IO) will be assigned by
the President.
e. The Investigating Officer (IO) will have 30 school days to investigate the
incident. The IO will meet with all parties and witnesses and obtain written
statements from each of them.
f. The IO will report his/her findings to the Commandant of Cadets.
g. The Commandant of Cadets will read the charges orally to the Cadet and the
Cadet may decide if he/she wants to have an evidentiary hearing or if he/she
wants to waive his/her rights to an evidentiary hearing.
h. Both the accused and the victim will be given the right to ask for an evidentiary
hearing.
i. If the accused Cadet desires to waive his/her rights to an evidentiary hearing,
the Commandant of Cadets will proceed with disciplinary actions unless the
alleged victim asks for an evidentiary hearing.
j. The standard of proof in evidentiary hearings goes to the preponderance of the
evidence. This means that the evidence presented in the case is more likely true
than not true; must be greater than 50% probability that the evidence is true.
The evidence can be as close as 51% vs 49% and meet this standard as opposed
to guilty beyond reasonable doubt which is the standard for criminal cases.
k. If the Cadet desires to have an evidentiary hearing, it will be held no earlier
than 48 hours of the charges being read, providing circumstances allow. All
parties involved will be permitted to provide witnesses and/or resources to
speak on their behalf. It will be concluded NLT one week from the end of the
48 hours.
l. Cadets are allowed to have an attorney or representative at the evidentiary
hearing. The attorney or representative is allowed to consult with the Cadet
during the hearing, but he/she is not allowed to participate in the evidentiary
hearing.

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