CHAPTER NINE

CONDUCT AND DISCIPLINE

Section 1: General

0910 - Uniform Code of Military Justice (UCMJ)

0910.1 The NSCC is a civilian organization and, as such, NSCC personnel are not subject to the provision of the UCMJ. Much of the training is conducted aboard DoD and DoT facilities, which are subject to federal jurisdiction and, as such, NSCC personnel are subject to DoD and DoT rules and regulations for their bases.

0911 - Military Regulations/Instructions

0911.1 NSCC personnel engaged in training aboard ship, or other military activity, will comply with the regulations/instructions set forth by the commanding officer of the host activity, or by higher authority.

0912 - Lawful Orders of Armed Forces Personnel

0912.1 NSCC personnel engaged in training aboard ship, or other military activity, will carry out the lawful orders of the officers and enlisted personnel assigned to that ship or activity.

0913 - Authority of NSCC Personnel

0913.1 NSCC personnel will carry out the orders of senior NSCC officers/petty officers (as appropriate) with the exception of orders which involve oppression or misconduct.

0913.2 NSCC Regulations provide the framework and rules by which the NSCC functions. NSCC personnel will comply with these Regulations, and with those NSCC Information/Action Letters which modify or supplement these Regulations.

Section 2: Conduct

0920 - General

0920.1 All commanding officers are required to show in themselves a good example of virtue, honor, patriotism, and subordination; and to correct, according to these Regulations, all persons who fail to conform to NSCC standards of conduct. At all times, the commanding officer must set the standards of excellence. Failure to do so may result in termination/removal of the commanding officer.

0920.2 NSCC personnel shall:

    a. Act in a military and seamanlike manner.

    b. Observe/practice the rules of military courtesy and etiquette.

    c. Demonstrate loyalty, self-control and honesty, putting the good of NSCC and the Navy before personal likes/dislikes.

0921 - Saluting

0921.1 Saluting is the accepted manner of greeting among military people. Salutes will be exchanged between NSCC personnel and members of the armed forces in uniform. Salutes will be exchanged smartly, without flourishes. Armed forces personnel have no requirement to salute NSCC personnel. Failure to salute NSCC personnel by armed forces personnel should not be brought to their attention.

0921.2 Commanding officers will ensure that unit personnel are indoctrinated, knowledgeable, and proficient in saluting protocol, prior to wearing the NSCC uniform and their participation in training aboard military activities.

0922 - Hazing or Child Abuse

0922.1 Initiatory harassment, or hazing, is strictly forbidden. It is grounds for dismissal.

0922.2 No person shall be subjected to oppression or demeaning behavior of any kind. Instances of alleged oppression will be reported to the commanding officer, senior chain of command or NSCC Committee Chairman, as appropriate.

0922.3 Child abuse is a serious offense in all states. Instances brought to the attention or knowledge of NSCC personnel (real or suspected) shall immediately be brought to the attention of the commanding officer. He will notify the child protective service organization of the jurisdiction he is in, providing information he knows and follow the guidelines provided. In instances where an adult is cites as being a sex offender or child abuser, the NHQ Representative will immediately advise the unit parents of the matter. Further, the Commanding Officer will follow the recommendation of the authorities working the case.

Section 3: Discipline

0930 - General

0930.1 Discipline in NSCC shall be directed toward strengthening the character of each cadet through development of self-control and self-discipline.

0930.2 No commanding officer, or any other person, may maltreat, physically or mentally abuse any person in NSCC. Unit discipline will be maintained by individual counseling and through administrative actions as described herein. Requiring cadets to perform strenuous exercises for disciplinary or motivational purposes places undue mental and physical stress on cadets and will not be tolerated.

0930.3 Disciplinary actions should be taken in steps to maintain good order and discipline.

a. Personal counseling to provide enlightenment as to what is expected in a regimented, disciplined, structured environment. In this regard, and counseling sessions requires a minimum of two adults present; three is recommended. If a female is receiving the counseling, one female adult must be present.

b. Extra Military Instruction (EMI) can include the following:

  • Additional marching not to exceed 1 hour a day to be performed outside normal training periods. Can be imposed individually or as a unit/group.
  • Curtailment of liberty or other free time and assignment of additional watches.
  • Assignment of additional work details, which can include cleaning details, Such work should not be performed as 2200 or before 0600.
  • Additional study, correspondence courses, Blue Jackets Manual, NSCC Regulations, etc.

c. Executive Officer's Screening Mast to determine reassignment of cadet or referred to Captain's Mast.

0931 - Commanding Officer's Mast

0931.1 Commanding officers may hold captain's mast on cadets to determine facts and circumstances surrounding alleged acts of misconduct and for all cadets who are unable to adapt to the prescribed disciplined training regimen of the Corps.

0931.2 If the act of misconduct is minor in nature, the commanding officer should counsel the cadet as to the unacceptability of his/her behavior. If the act of misconduct is serious in nature, or if the cadet does not respond to counseling regarding continuing minor acts of misconduct, the commanding officer may impose reduction in rate or dismiss the cadet from the NSCC.

0931.3 Dismissal of cadets from the NSCC will be effected in accordance with Section 2, Chapter TEN of these Regulations.

0932 - Misconduct on the Part of Officers and Midshipmen

0932.1 The commanding officer will inquire into the circumstances of alleged acts of misconduct on the part of officers, instructors, and midshipmen in his.her command. The Regional Director, NHQ Representative or the NSCC Committee Chairman may make or be directed to make this inquiry (as appropriate).

0932.2 If the act of misconduct is minor in nature, the officer, instructor, or midshipman will be counseled as to the unacceptability of his or her conduct. If the act of misconduct is of such a nature that continuance of the individual as a member of NSCC is not desirable, the commanding officer, Regional Director, or NHQ Representative will:

    a. If the individual is serving in a probationary status, his/her appointment will be terminated in accordance with the provisions of Paragraph 0761.3. The individual will be offered an opportunity to make a statement to the Executive Director. He has thirty days to respond.

    b. If the individual is serving as a member with permanent status, the commanding officer, Regional Director, NHQ Representative will:  

    1. Place the individual in an inactive status, and not permit him/her to participate in NSCC/NLCC activities or to wear the NSCC uniform.
    2. Prepare a summary report and submit it to the Executive Director, via the Regional Director, NHQ Representative, and the NSCC Committee Chairman (if appropriate), recommending revocation of status. The Committee Chairman (when appropriate) may make this report.
    3. Advise the individual concerned that he or she may append a written statement to the report if desired. When no statement is made, the summary report will indicate that the individual has been invited to append a statement, but has declined to do so. The individual has 30 days from placement in inactive status to make a statement.

0932.3 If the NSCC chain of command does not concur in the recommendation for revocation of appointment, he will endorse the summary report stating his reasons for non-concurrence.

0932.4 The Executive Director will review the report and, with the concurrence of the National Chairman, effect revocation of appointment, or take other appropriate administrative action as considered appropriate, advising all concerned of action taken. For officers, a "loss of confidence" by the National Chairman is grounds for removal from command and dismissal from the program.

0933 - Sexual Harassment

0933.1 NSCC policy on sexual harassment in any form is zero tolerance.

0933.2 Sexual harassment is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is made a condition of a persons' position or job, or when such conduct interferes with an individual's performance or creates an intimidating hostile, or offensive atmosphere. Any member of the NSCC who makes deliberate or repeated unwelcome verbal comments, gestures, or physical contact of a sexual nature is engaging in sexual harassment.

0933.3 No individual in the NSCC shall:

    a. Commit sexual harassment.

    b. Take reprisal action against someone who reports or provides information on an incident.

    c. Knowingly make a false accusation of sexual harassment, or

    d. While in a supervisory or command position condone or ignore sexual harassment of which he or she has knowledge. Regional Directors and unit Commanding Officers exercising sound leadership are responsible for leading the men and women under their command. They must set the example and foster a climate free of any discrimination. The appropriate action to resolve an incident of sexual harassment will depend on the circumstances surrounding the incident. A full range of administrative and disciplinary actions are available, including counseling, comments on evaluations or service records, and/or referral to the Executive Director.

0933.4 There is a wide range of behaviors that can constitute sexual harassment. To make it easier to understand, it is helpful to think of the entire range of possible behavior in terms of a traffic light.

  • Green means "go" or acceptable behavior which is not sexual harassment.
  • Yellow means "use caution" as the behavior may be sexual harassment. If yellow zone behavior is repeated often enough, especially after having been told it is unwelcome, it becomes red zone behavior and is sexual harassment.
  • Red means "stop" don't do it as this is sexual harassment.

0933.5 The following examples illustrate these three types of behavior but are not all-inclusive:

  • Green Zone: Performance counseling, touching that could be instructional in nature as counseling on appearance, showing concern, a polite compliment, or friendly conversation.
  • Yellow Zone: Many people would find these behaviors unacceptable: whistling, questions about ones personal life, lewd or sexually explicit comments, suggestive posters or calendars, off-color jokes, leering, staring, repeated requests for dates, foul language, unwanted letters or poems, sexually suggestive touching, sitting or gesturing sexually.
  • Red Zone: Behaviors always considered as sexual harassment are: sexual favors, threats if sexual favors are not provided, sexually explicit pictures or remarks, using status to get dates, or obscene letters or comments. The most severe forms of sexual harassment constitute criminal conduct, e.g. sexual assault, rape, forceful grabbing, fondling, or kissing.

NOTE: The above examples are for general guidance only as individuals may believe they are being sexually harassed based on their perceptions, and each incident is judged on the totality of facts of a particular case.

0933.6 All units will conduct Sexual Harassment training as least twice a year for ALL unit personnel. This training will be documented, along with sign-in sheets, and maintained in unit files.

Section 4: Misconduct Aboard a Military Activity

0940 - General

0940.1 The training of any cadet, or escort orders of any adult leader, will be terminated when involved in misconduct detrimental to NSCC (refer to the NSCC Advancement and Training Manual and the NSCC/NLCC Escort Officer Handbook).