The service academies have "honor codes" or "honor concepts" in the case of the navy that forbid public drunkenness. I have read that the cadet was over the legal limit, which I have also read was confirmed by a BAC test when he received medical treatment at the hospital. Whether or not he did or did not start the donnybrook, the fact that he was publicly drunk (allegedly) would have been enough to expel him if command wanted to expel him.
Having said all that, it seem like the Academy overreacted, and possibly overreacted because of information provided by Rasmussen. Also, the other element(s) of this suit aren't necessarily dependent on the cadet's inebriated state. Drunk or not, you cannot assault someone, and you can't assault someone just because he may have said something provocative or even insulting.
The Cadet (now enlisted man), will be able to reapply for admission in 18-months and it's likely that application will be accepted irrespective of the outcome of this civil suit. Even his superiors at West Point have said on the record that he was an otherwise excellent cadet.
That ain't "drunk." BTW, what ever happened to "walking out" uniforms? Military personnel should not be strolling about dressed as Wal-Mart Shoppers. IMHO, of course.
BTW, The Pentagon has just decreed that this dumb habit of having military personnel wearing BDU everywhere is over. And, in other good news, they're ditching the berets.
Wonder how the hospital got around the doctor/patient confidentiality rules/laws in releasing his BAC.
Link???
Public drunk does not require a BAC to support the charge, at least in civilian courts. What would have been the reason to collect a BAC as part of medical treatment?
Agree that honor code violation is a different animal if the cadet lied about consuming alcohol or the amount. The Academy rushed to judgement in this matter, IMO.
I am afraid you are mistaken, sir. Having attended Annapolis. Our Honor code/concept was quite simple: Midshipmen shall neither lie cheat or steal. At least that was the version while I was ensconced on the Severn. They went back to a longer version shortly thereafter, but it basically had the same idea.
Now...the UCMJ and the Brigade’s code of conduct/regulations talked about public intoxication and disorderly conduct; but nothing in the honor code said anything in that regard. Maybe a 6000 series chit for that...the worst hoped it would get them a black N to at least have something to show for it, but hardly expulsion.
Where did you read that Cadet King's BAC was over the legal limit?
And, where did you read that the hospital confirmed the cadet's BAC was over the legal limit?
(Why do I already have the feeling that you will not be able to provide us with a citation for the above information.)
Speaking of honor codes, ODH, where exactly DID you read that “the cadet was over the legal limit, which I have also read was confirmed by a BAC test when he received medical treatment at the hospital”?
If the cadet was over the limit, it sounds like to me that he was probably standing too close her luggage, one of the body guards probably yelled at him to move over and then the kid got mouthy and Labelle told the guards to shut up the kid.
I just can’t see it being the kid was standing around minding his own business and the guards attacking him without provocation.