INTERNAL AFFAIRS AND COMPLAINTS

1.COMPLAINTS; IN GENERAL

• (a)The Ridgeway National Guard shall maintain a Complaint Form for use by civilians.
• (b)The complaint form shall not be used by guardsmen when filing their complaints, they must use chain of command.
• (c)No person who wishes to allege a complaint against a guardsman shall do so anonymously.
• (d)A complaint shall be reviewed by authorities designated by Headquarters to have the ability to review, adjudicate, and investigate complaints.
• (e)Before the initiation of an investigation, a complaint shall go through a summary disposition as follows;
  • (i)UNFOUNDED: When an investigation did not find any evidence that the accused did the action, or that the action was done.
  • (ii)EXONERATED: The individual's actions were lawful and did not violate any policy.
  • (iii)NOT SUSTAINED: There is not enough evidence to commission an investigation.
  • (iv)SUSTAINED: There is enough evidence to signify the individual did an action that violated law, or regulations shall be further referred and probed.
• (f)Cases that have a summary disposition of SUSTAINED shall be further investigated.
• (g)The complainant shall be informed of the summary disposition of their complaint by at least (72) hours after the submission of their complaint.
• (h)Complaints shall be kept strictly confidential, and at no time may a member of Headquarters or a member of any investigation team read complaints alleged against themselves and moreover take no involvement in the disposition of cases.
• (i)A complaint may only allege and furthermore accuse a guardsman of any Code of Conduct violation.
• (j)Headquarters may revoke the ability to have a person's complaints considered if the person has made joke/troll complaints, or the person's complaint are frivolous.
• (k)There shall be no appeal to the summary disposition of a complaint.
• (i)No complaint shall be filed over an already disposed matter.

2.INVESTIGATIONS

• (a)An investigation shall be initiated after a complaint is found to be sustained or sustainable.
• (b)An investigation may also be commissioned by Headquarters or any Commissioned Officer.
• (c)The assigned Investigator shall interview the accused and allow the accused to;
  • (i)Introduce their own evidence,
  • (ii)Make statements of their own accord,
  • (iii)Admit statements of other guardsmen for their own gain,
  • (iv)Admit statements of other civilians for their own gain,
  • (v)Know the accusations being levied against them,
  • (vi)Know and argue the evidence being levied against them,
  • (vii)Understand in clear, plain text, the regulation or law they violated,
  • (viii)Know their rights as afforded.
• (d)The Investigator can choose when such an interview occurs.
• (e)An investigator may choose to terminate the interview if the accused is non-compliant with procedures of the interview.
  • (i)This shall not be used to maliciously or unjustly deny the accused of their due process rights or requirements, but to allow the termination of such privilege afforded if the accused is belligerent, and his statements will not bear any fruit to the investigation.
• (f)An Investigator may interview and ask for testimony of other individuals in support of the investigation.
• (g)At the end of their investigation, an Investigator shall document and enclose their investigative materials and shall dispose of the case as pursuant to section 3 of this regulation.
• (h)At the end of the investigation, an Investigator shall inform the accused and the accuser of the disposition status of the case.
• (i)There shall be no appeals to the final disposition of a case.
• (j)The end of the case shall be a permanent conclusion of the matters and shall not be investigated again unless otherwise ordered by Headquarters or convening authority of the investigation.
• (k)Investigators have no ability to inflict punishment against an individual, however they can recommend courses of action to the convening authority of the investigation.
• (l)If the investigation comes as a result of a complaint, then the convening authority shall be as follows;
  • (i)If a Type I offense is sustained, then the convening authority is the Colonel who oversees the person or Headquarters.
  • (ii)If a Type II offense is sustained, then the convening authority is the immediate field grade officer over the person.
  • (iii)If a Type III offense is sustained, then the convening authority is the immediate commissioned officer over the person.
  • (iv)If a Type IV offense is sustained, then the convening authority is the immediate senior non-commissioned officer over the person.
  • (v)If any violation is levied against a field grade officer, then Headquarters shall be the convening authority.

3.DISPOSITION

• (a)An investigation, upon conclusion, shall be reported to the convening authority with its disposition and a recommended course of action.
• (b)The possible dispositions are as follows;
  • (i)UNFOUNDED: The investigation revealed that the action did not happen, the action was not a violation of the code of conduct, the individual is not a member of the guard, or other reasons specified as to why an investigation may be unfounded.
  • (ii)EXONERATED: The investigation revealed that the individual's actions did occur, however they were lawful, and within regulations.
  • (iii)SUSTAINED: The investigation revealed that the individual did commit the specified actions, and such actions violated the law or regulations.
  • (iv)NOT SUSTAINED: There is not enough evidence to indicate that misconduct occurred.
  • (v)The convening authority shall not override the disposition of the Investigator but may take his own course of action in administering punishment for a sustained investigation.
  • (vi)The convening authority may, if he feels a procedural violation occurred, request that Headquarters review the disposition of the investigation and make edits or tweaks to the disposition.
  • (vii)The convening authority shall dispense punishment in accordance with the code of conduct, if an investigation is sustained.