DISCIPLINARY EVALUATION BOARD

##### 1. ESTABLISHMENT AND COMPOSITION

• (a)There is hereby established within the Ridgeway National Guard the Disciplinary Evaluation Board, responsible for the evaluation of all disciplinary actions within the National Guard.
  • (i)The Board shall be automatically convened when a guardsmen as a result of an internal affairs case is pending to undergo involuntary separation from the Guard.
  • (ii)The Board shall be automatically convened when a guardsman appeals their disciplinary action on the grounds that the action was unjust, disproportionate, or was not administered in accordance with the Code of Conduct.
  • (iii)The Assistant Adjutant General for Administrative Operations shall serve as the Chairperson of the Board and shall be responsible for the conduct, scheduling, and final proceedings of all Board sessions.
  • (iv)The Board shall consist of no fewer than five (5) members, which shall include: the Assistant Adjutant General for Administrative Operations as Chair; the Major Subordinate Commanders which include the Commanding Officer and Executive Officer of the unit the subject was serving in; the Military Police Investigations Company Commander; the Headquarters Staff Detachment S1.
  • (v)A quorum of the Board shall require the presence of all five (5) members. No evaluation proceedings shall be conducted unless a full quorum is present.
    • For proceedings occurring over Discord, members of the board do not have to be actively present for the proceeding.
• (b)The Board shall exercise authority over the evaluation of all disciplinary punishment handed out within the Ridgeway National Guard.

##### 2. CONDUCT OF PROCEEDINGS

• (a)The Assistant Adjutant General for Administrative Operations, as Chair, shall preside over all Board sessions and shall be responsible for ensuring that proceedings are conducted in a fair, orderly, and impartial manner.
  • (i)The Chair shall open and close each Board session and shall have final authority over procedural matters arising during proceedings.
  • (ii)All members of the Board shall have equal deliberative voice during evaluation proceedings; however, in the event of a tied vote on any recommendation or finding, the Chair shall cast the deciding vote.
  • (iii)A written record of all Board findings, recommendations, and votes shall be maintained by the ridgeGUARD bot and submitted to the Adjutant General following the conclusion of each session.
• (b)The Board shall submit its evaluation findings and any recommendations to the Adjutant General for final action. The Adjutant General shall retain ultimate authority over all disciplinary actions arising from Board proceedings.

##### 3. CONFLICTS OF INTEREST AND RECUSAL

• (a)Any member of the Board who may have a potential bias with a subject of a disciplinary action under evaluation shall be required to declare this to the Chair prior to the commencement of proceedings.
  • (i)Upon declaration of a potential conflict of interest, the Chair shall determine whether recusal is warranted.
  • (ii)Where a permanent Board member is recused, the Chair shall notify the Adjutant General, who may appoint a substitute member for the duration of the relevant proceedings.
  • (iii)The Chair shall not be recused from proceedings except by order of the Adjutant General; where the Chair declares a conflict of interest, the matter shall be referred to the Adjutant General for determination.
  • (iv)All recusal determinations and the basis therefor shall be recorded in the written proceedings record maintained pursuant to 2(a)(iv).
• (b)Failure of a Board member to declare a known conflict of interest will be in violation of a Type I Offence - Violating a Military Department Policy.