BSA Troop 256 Policy and Procedures Manual: Discipline

Table of Contents

Discipline

Troop 256 has established two levels of disciplinary procedures: Informal and Formal.

Informal Discipline

This level of discipline applies to isolated or minor breaching of rules and policies. A Scout may occasionally stray from the precepts of the Scout Oath, the Scout Law, Troop 256 rules and policies as described in this manual, and verbal instructions given to groups or individuals by Scout leaders or adult leaders. If that should occur, any Scout or adult leader will correct the errant Scout. If the misbehavior recurs, and a Scout leader below the level of Assistant Senior Patrol Leader recorrects the Scout, the Scout leader will report the offense to an Assistant Senior Patrol Leader or the Senior Patrol Leader. If the misbehavior recurs, an Assistant Senior Patrol Leader or above will recorrect the Scout and report the offense to an adult leader. The adult leader will counsel and/or recorrect the Scout and report the offense to the Scoutmaster.

The Scoutmaster may administer informal discipline to the Scout at his discretion. Such discipline may include: removal from the activity and returned to his home, admonition, reprimand, counseling, withholding a recommendation for rank advancement to a Board of Review for a specified period, or other appropriate actions.

Formal Discipline

This level of discipline addresses serious offenses, or repeated minor acts following correction and/or informal discipline. Serious offenses include, but are not limited to: unsafe acts endangering another person or the Scout himself, fighting, belligerence, disrespect for adults, willful disobedience, lewd acts or language, failure to respect another Scout, and one or more serious violations of the Scout Oath or Scout Law.

Formal discipline begins with a written complaint against a Scout. This complaint must allege a violation of specific provision(s) of the Scout Law, contain specific description(s) of the alleged violation(s), and the name of the Complainant. Any Scout or adult (the Complainant) may submit a formal complaint to the Scoutmaster, or the Scoutmaster may originate the complaint. The Scoutmaster will notify the Scout (the Accused) and the Scout's parents in writing of the charges, and convene a Board of Discipline.

The Board of Discipline will consist of at least two uninvolved members of the Troop Committee, the Senior Patrol Leader, or an Assistant Senior Patrol Leader, and at least one other uninvolved Scout. The Board of Discipline will elect a Chair by majority vote. If the original number of the Board of Discipline was even, the Board's Chair will not vote in subsequent decisions. If the original number of the Board of Discipline was odd, the Board' s Chair will vote in subsequent decisions only to break a tie.

The Board of Discipline will endeavor to learn the truth or falsity of the Complaint by holding a formal hearing. The Chair presides over the hearing. The Complainant must present his complaint before The Board of Discipline in the presence of the Accused. The Accused may admit to the Complaint, in which case the Board of Discipline shall prescribe a suitable Consequence.

If the Accused denies any portion of the Complaint, the Complainant may call witnesses and present other evidence in support of the truth of his Complaint.

The Accused may, but cannot be required to, appear as a witness before The Board of Discipline. The Board of Discipline shall consider the Accused's failure to appear as a witness as neither evidence of guilt nor innocence. The Accused may present witnesses and/or other evidence in rebuttal of the truth of the Complaint

The Scout will be considered innocent until the Board of Discipline hears the evidence in the case, both favorable and unfavorable, and decides, by majority vote, on the Scout's guilt or innocence of the allegations. The Scout must appear before the Board of Discipline with his parents, and may choose additional representation.

If the Board of Discipline finds the Complaint unsubstantiated, the matter is closed, and no further action is necessary.

If the Board of Discipline finds the Complaint substantiated, the Board notifies the Accused of its finding. The Accused may then submit further evidence in extenuation and/or mitigation.

Having found the Accused guilty, and having considered evidence of extenuating and/or mitigating circumstances, the Board of Discipline must arrive at prescribing Consequence(s) the offending Scout must perform. A consequence may range from a delay in rank advancement for a specified number of months not less than one (1) nor more than three (3), to a maximum of dismissal from Troop 256.

A Scout may appeal either the guilty finding and/or the Consequence of the Board of Discipline to the Troop Committee. The Troop Committee shall review the proceedings of the Board of Discipline. The Committee may hold an additional hearing. The Committee Chair will preside at this hearing. The Committee Chair will not vote on matters submitted for vote except to break a tie.

When the Committee has concluded its deliberations, it may either set aside or affirm the guilty finding and/or the Consequence(s) of the Board of Discipline. If the Troop Committee sets aside the guilty finding, the matter is closed. If the Troop Committee affirms the guilty finding, but sets aside the Consequence(s), it may then prescribe new Consequence(s). Within a BSA context, the Committee's decisions are final.

When the Scout has satisfied the terms of the Consequence(s), the matter is closed. The Committee retains records of this formal process as long as the Scout remains a member of Troop 256 plus one (1) year. These records are then destroyed.