PWS_Attachment_(2)_AETCI_36-2909.pdf

BY ORDER OF THE COMMANDER

AIR EDUCATION AND TRAINING

COMMAND

AIR EDUCATION AND TRAINING

COMMAND INSTRUCTION 36-2909

2 DECEMBER 2013

Personnel

RECRUITING, EDUCATION, AND

TRAINING STANDARDS OF CONDUCT

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

ACCESSIBILITY: This publication is available for downloading or ordering on the e-

Publishing website at www.e-publishing.af.mil.

RELEASABILITY: There are no releasability restrictions on this publication.

OPR: HQ AETC/JAA

Supersedes: AETCI 36-2909, Professional and Unprofessional

Relationships, 2 March 2007, AETCI 36-2909_AETCGM1, 13 March 2013

Certified by: HQ AETC/JA

(Col Polly S. Kenny)

Pages: 28

This instruction implements AFPD 1-1, Air Force Culture, AFI 1-1, Air Force Standards, AFPD

36-29, Military Standards, and AFI 36-2909, Professional and Unprofessional Relationships, with an emphasis on recruiting, training, and education environments. It applies to the following individuals assigned or attached to an Air Education and Training Command (AETC) unit, or participating in an AETC-sponsored training or education program, as faculty, staff, trainees, cadets, or students: active duty military, Air National Guard of the United States (ANGUS), and

Air Force Reserve Command members; Department of Defense (DoD) civilians; Air Force

Reserve Officer Training Corps (AFROTC) cadets; international military or civilian personnel;

and contractor personnel. It also applies to entry-level status Airmen assigned or attached to

AETC units. It also applies to recruiting personnel and first-term Airmen who participate in the

Recruiter Assistance Program (RAP). Military members, including Reserve members on activity duty or inactive duty for training and ANGUS members, who violate a prohibition in paragraphs

1.3.1., 2.3., 3.3., 4.2., or 5.2 (or any subparagraphs thereunder) of this instruction, and/or paragraph 3.5 (or any subparagraphs thereunder) of AFI 36-2909 are subject to prosecution under Article 92 of the Uniform Code of Military Justice (UCMJ) as well as any other applicable article of the UCMJ. Civilian personnel who violate a prohibition in paragraphs 1.3.1., 2.3., 3.3, or 4.2, or 5.2 (or any subparagraphs thereunder) of this instruction and/or paragraph 3.5 (or any http://www.e-publishing.af.mil./

2 AETCI36-2909 2 DECEMBER 2013

subparagraphs thereunder) of AFI 36-2909 are subject to administrative disciplinary action under

AFI 36-704, Discipline and Adverse Actions, without regard to otherwise applicable criminal or civil sanctions for violations of related laws. Contractor personnel who violate any prohibition of this instruction are subject to penalties according to local laws and the terms of the governing contract. The ability to take adverse action against personnel from other Services, international personnel, or contractor personnel will depend on the existence and applicability of a current memorandum of understanding, memorandum of agreement, international agreement, or contract. This instruction may only be supplemented with the prior approval of HQ AETC/JA.

Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with AFMAN 33-363, Management of Records, and disposed of in accordance with the Air Force Records Information Management System (AFRIMS) Records

Disposition Schedule (RDS). Refer recommended changes and questions about this publication to the Office of Primary Responsibility (OPR) using Air Force Form 847, Recommendation for

Change of Publication; route AF Forms 847 from the field through the appropriate functional’s chain of command. Attachment 1 contains a glossary of references and supporting information.

SUMMARY OF CHANGES

This document has been substantially revised and must be completely reviewed. Major changes include: the document title was changed from Professional and Unprofessional Relationships to

Recruiting, Education, and Training Standards of Conduct and the document was broken into five chapters to address specific standards of conduct. Chapter 1 specifies initial disposition authorities for certain classes of misconduct, establishes individual and command reporting requirements, and mandates personnel information files for derogatory information. Chapter 2 clarifies the applicability of unprofessional relationships rules in various training, education, and recruiting environments; requires individuals to provide notice of past relationships with trainees, students, or recruits; provides commanders authority to grant exceptions to policy in certain limited circumstances; prohibits personal relationships between faculty/staff and Airmen in entry-level status; and provides specific guidance on unprofessional relationships for Building

Partnership Capacity (BPC) training programs. Chapter 3 is new and establishes command-wide prohibitions and responsibilities regarding trainee abuse and hazing. Chapter 4 is new and details command-wide policy on academic integrity. Chapter 5 is new and details recruiting standards of conduct.

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Chapter 1—GENERAL GUIDELINES 4

1.1. Responsibilities

1.2. Initial Disposition of Misconduct Allegations

1.3. Misconduct Reporting Requirements

1.4. Personnel Information Files (PIFs)

1.5. Training Requirements

Chapter 2—PROFESSIONAL AND UNPROFESSIONAL RELATIONSHIPS 9

2.1. Overview

2.2. General Guidance on Relationships

2.3. Specific Prohibitions and Responsibilities

Chapter 3—TRAINEE ABUSE AND HAZING 14

3.1. Overview

3.2. Terms Explained

3.3. Specific Prohibitions and Responsibilities

Chapter 4—ACADEMIC INTEGRITY 17

4.1. Terms Explained

4.2. Specific Prohibitions and Responsibilities

Chapter 5—RECRUITING STANDARDS OF CONDUCT 20

5.1. Overview

5.2. Specific Prohibitions and Responsibilities

5.3. Reporting and Documentation Requirements

Attachment 1—GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION 22

Attachment 2—SECDEF WITHHOLDING MEMO 27

Attachment 3—GCMCA REVIEW IN CERTAIN SEXUAL ASSAULT CASES 28

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Chapter 1

GENERAL GUIDELINES

1.1. Responsibilities.

1.1.1. Commanders and leaders at all levels will ensure that all applicants, recruits, trainees, cadets, and students are treated with dignity and respect. The success of AETC’s mission depends largely upon the trust these individuals place in our recruiters, faculty, and staff.

Conduct that erodes this trust detracts from the mission and will not be tolerated.

1.1.2. Most applicants, recruits, trainees, cadets, and students are young and impressionable.

They may not yet fully appreciate what constitutes acceptable and unacceptable conduct in the professional military environment. Interaction with recruiters and training staff offers the first examples of professional conduct expected of a military member and creates lasting impressions on new personnel. Accordingly, commanders and leaders at all levels must set the example through their steadfast commitment to Air Force standards.

1.1.3. Commanders. One of the most important and fundamental responsibilities of command is maintaining good order and discipline within the unit. This responsibility is not delegable and commanders are held to a high standard in this area.

1.1.3.1. The recruiting, education, and training environments present unique challenges in maintaining good order and discipline, particularly in the areas of sexual misconduct, unprofessional relationships, trainee abuse, hazing, and academic integrity. Commanders must be particularly vigilant in order to successfully dissuade, deter, and detect these threats.

1.1.3.2. Violations of standards must be addressed proactively, consistently, and at the appropriate level. Experience has shown that failure to consistently enforce standards or to hold violators appropriately accountable can lead to an environment that does not deter more serious forms of misconduct. Accountability is not limited to, and does not end with, disciplinary action. Accountability also includes appropriate consideration of an individual’s misconduct in subsequent personnel actions, such as performance reports, awards, promotions, transfers, special duty assignments, and selection for increased leadership responsibility.

1.2. Initial Disposition of Misconduct Allegations.

1.2.1. Unprofessional Relationships. Initial disposition authority is withheld to wing commanders (or equivalent) and group commanders (or equivalent) who report directly to a general court-martial convening authority (GCMCA) (direct-report group commanders), or higher, for the following alleged offenses: (1) unprofessional relationships as defined by this instruction between faculty, staff, and recruiters and applicants, recruits, Recruiter Assistance

Program participants (RAPpers), trainees, cadets, students, and entry-level status (ELS)

Airmen; (2) fraternization, as defined in Article 134, UCMJ, and AFI 36-2909; and (3) any attempts to commit such offenses. This initial disposition authority applies to all other alleged offenses arising from or relating to the same incident(s), whether committed by the alleged perpetrator or the alleged victim.

AETCI36-2909 2 DECEMBER 2013 5

1.2.2. Rape, Sexual Assault, and Forcible Sodomy. In accordance with Secretary of

Defense Memorandum, “Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases,” 20 April 2012, (“SECDEF Withholding memo”) (Attachment 2), initial disposition authority is withheld from all commanders who do not possess at least special court-martial convening authority (SPCMCA) and who are not in the grade of O-6 or higher, for the following alleged offenses: (1) rape, in violation of

Article 120, UCMJ; (2) sexual assault, in violation of Article 120, UCMJ; (3) forcible sodomy, in violation of Article 125, UCMJ; and (4) all attempts to commit such offenses, in violation of Article 80, UCMJ. Initial disposition authorities will report initial disposition decisions in such cases in accordance with Attachment 3.

1.2.2.1. Commanders who are not initial disposition authorities under the SECDEF

Withholding memo should coordinate with the host-installation SPCMCA on the appropriate disposition of allegations covered by the SECDEF Withholding memo.

1.2.2.2. Initial disposition authority for all alleged violations of Articles 120, 120a, 120b, 120c, and 125, UCMJ, not otherwise withheld under the SECDEF Withholding memo, including any attempts to commit such offenses, is withheld to wing commanders (or equivalent) and group commanders (or equivalent) who report directly to a GCMCA

(direct-report group commanders), or higher. This initial disposition authority applies to all other alleged offenses arising from or relating to the same incident(s), whether committed by the alleged perpetrator or the alleged victim. Commanders of tenant wings and direct-report groups who do not possess full SPCMCA shall coordinate with the host

SPCMCA where resolution includes consideration of a court-martial.

1.2.3. Trainee Abuse. Initial disposition authority for allegations of trainee abuse as defined by this instruction is withheld to squadron commanders or higher. This initial disposition authority applies to all other alleged offenses arising from or relating to the same incident(s), whether committed by the alleged perpetrator or the alleged victim.

1.2.4. Recruiter Misconduct. Initial disposition authority for alleged violations of paragraph 5.2 by recruiters is withheld to squadron commanders or higher.

1.2.5. Initial Disposition Authority Responsibilities. Commanders exercising initial disposition authority are responsible for determining what initial action is appropriate and whether the matter can or should be resolved within their existing authorities. The initial disposition decision shall be based upon review of the allegations transmitted, any independent review and recommendation received, and consultation with a judge advocate.

Subordinate unit commanders are encouraged to provide their own recommendations regarding initial disposition. Upon review of the case file and consultation with a judge advocate, the commander’s options include: (1) no action, (2) corrective administrative action, (3) nonjudicial punishment, (4) preferral or disposition of charges previously preferred, and (5) forwarding the matter to a superior or subordinate authority for disposition.

If the commander deems it appropriate to forward a case to a subordinate commander for further disposition, the commander may not direct the actions the subordinate commander should take.

1.2.6. The following command actions are not considered an “initial disposition” for purposes of this instruction: receiving a report of an offense; apprehending and taking custody of a member; investigating a reported offense; imposing pretrial restraint and pretrial

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confinement; preferral of charges; and issuing military protective orders (i.e., “no contact” orders).

1.2.7. Commanders at every level retain the authority and responsibility to create and maintain a professional environment, to provide support and assistance to victims, and to maintain good order and discipline within their units.

1.3. Misconduct Reporting Requirements.

1.3.1. Duty to Report. Recruiters, faculty, and staff members with knowledge of an alleged violation, or attempted violation, of this instruction shall immediately report the allegation to an appropriate authority, unless otherwise exempted by operation of law, regulation, or policy. Personnel receiving such reports will forward the report through appropriate channels to the alleged violator’s squadron/detachment commander. Failure to observe the provisions of this paragraph and its subparagraphs by military personnel is a violation of

Article 92, UCMJ. Violations by civilian personnel may result in administrative disciplinary action without regard to otherwise applicable criminal or civil sanctions for violations of related laws.

1.3.1.1. “Knowledge” means awareness of an allegation. It does not require a belief in the accuracy or truth of the allegation. Knowledge may be obtained by any means, including, but not limited to, witnessing the offense, statements by third parties, and course surveys, critiques or comment cards.

1.3.1.2. Except as specified below, an “appropriate authority” includes a supervisor, a member of the chain of command, legal office personnel, Air Force Office of Special

Investigations (AFOSI), Security Forces, the Inspector General, and/or the Sexual

Assault Response Coordinator.

1.3.1.2.1. Pursuant to AFI 36-6001, Sexual Assault Prevention and Response (SAPR)

Program, paragraph 2.12.1., any Air Force member or civilian employee, other than those personnel authorized to receive confidential communications or otherwise exempted by operation of law, regulation, or policy, who receives a report of a sexual assault incident about a subordinate in the individual’s supervisory chain shall, as soon as possible, report the matter to the AFOSI. If a report cannot be made to the

AFOSI, the report will be made to the Security Forces which will then notify the

AFOSI.

1.3.1.2.2. Allegations of the following offenses will be reported to wing commanders

(or equivalent) and/or direct-report group commanders: (1) unprofessional relationships as defined by this instruction between faculty, staff, and recruiters and applicants, recruits, RAPpers, trainees, cadets, students, and ELS Airmen; (2) fraternization, as defined in Article 134, UCMJ, and AFI 36-2909; and (3) any attempts to commit such offenses.

1.3.1.2.3. Faculty and staff assigned to, or functionally managed by, Second Air

Force with knowledge of an alleged violation shall report the matter in accordance with Second Air Force misconduct reporting policies and procedures.

AETCI36-2909 2 DECEMBER 2013 7

1.3.1.2.4. Recruiting personnel will, at a minimum, immediately report actual or suspected violations of the prohibitions and mandatory provisions contained in paragraph 5.2 to their squadron commander.

1.3.1.3. Victims of an alleged violation of this instruction are not required to report.

1.3.2. Command Misconduct Reporting Requirements. This paragraph establishes general command misconduct reporting requirements. Reportable offenses include allegations against AETC personnel, tenant unit personnel on AETC installations, and personnel on temporary duty (TDY) to AETC installations. These reporting requirements are not limited to alleged violations of the standards of conduct governed by this instruction.

1.3.2.1. Sexual Assault. Unrestricted allegations of rape, sexual assault, and forcible sodomy, including attempts, must be immediately reported through command channels to

HQ AETC/CC, with copies to AETC/CV and AETC/JA. Units that report directly to

AETC A2/3/10 shall also copy the Director of AETC A2/3/10.

1.3.2.2. Certain Unprofessional Relationships. Alleged violations of the specific prohibitions in paragraph 2.3 by faculty, staff, and recruiters must be immediately reported through command channels to HQ AETC/CC, with copies to AETC/CV and

AETC/JA. Units that report directly to AETC A2/3/10 shall also copy the Director of

AETC A2/3/10.

1.3.2.3. Other Special Interest Cases. Allegations of the following offenses shall be reported through command channels to the first general officer exercising GCMCA over the member. Violations by TDY personnel or members of other U.S. military services will also be reported to the member’s parent command.

1.3.2.3.1. Unprofessional relationships as defined in this instruction and in AFI 36-

2909, Professional and Unprofessional Relationships, not otherwise reportable under paragraph 1.3.2.2 Examples include: allegations of unprofessional relationships involving students, ELS Airmen, and RAPpers.

1.3.2.3.2. Trainee abuse as defined in this instruction, including attempts.

1.3.2.3.3. Academic integrity violations by officers and senior non-commissioned officers.

1.3.2.3.4. Violations of paragraph 5.2 by recruiters.

1.3.2.3.5. Regardless of offense, all allegations involving officers, cadets, CMSgts, and SMSgts.

1.3.2.3.6. Regardless of grade, allegations involving serious crimes, as defined in

Section 13E, AFI 51-201, Administration of Military Justice, including attempts, conspiracies, and solicitations to commit these crimes.

1.3.2.3.7. Any other allegations with potential community impact or reaction, or potential or actual media coverage.

1.3.2.4. Violations of this instruction by international personnel will be reported to the

International Military Student Officer, who will facilitate any required notifications to the head of the sponsoring security assistance implementing agency.

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1.3.2.5. Commanders at all levels shall also report all initial allegations of such misconduct to the servicing office of the staff judge advocate and provide frequent updates thereafter.

1.4. Personnel Information Files (PIFs). All AETC units must establish and maintain PIFs to document general misconduct, substandard performance, and other derogatory information on permanent party officer and enlisted members assigned to AETC. Commanders and supervisors must review the PIF in conjunction with other personnel actions, to include performance reports, awards and decorations, promotions, reassignments, special duty assignments, and promotion to supervisory and/or leadership positions. Commanders and supervisors must also review PIFs in conjunction with subsequent disciplinary and adverse actions, such as decertification.

1.4.1. Examples of derogatory information that must be documented in the PIF include memoranda for record, “no contact” orders, letters of counseling/admonition/reprimand, derogatory documentation not placed in an Unfavorable Information File, as well as disciplinary and temporary/permanent decertification actions specific to certain career fields

(e.g., military training instructor temporary “hat removals”).

1.4.2. Reference AFI 36-2608, Military Personnel Record System, for general information regarding PIF record content, storage, and access. AETC units are only required to establish

PIFs if misconduct or other derogatory information is documented on an individual. For intra-command reassignments, PIFs must be forwarded to the gaining commander. For inter-command reassignments, the PIF must be given to the individual or destroyed.

1.5. Training Requirements. All commanders, judge advocates, investigators, and supervisors will familiarize themselves with this instruction. Commanders of education, training, and recruiting units will ensure all personnel - including faculty and staff, trainees, cadets, students, ELS Airmen, recruiters, and RAPpers - are briefed on the relevant provisions of this instruction upon their arrival, and at least annually thereafter.

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Chapter 2

PROFESSIONAL AND UNPROFESSIONAL RELATIONSHIPS

2.1. Overview.

2.1.1. Professional Relationships. Personnel are encouraged to communicate freely regarding their careers, classroom performance, duties, and missions. This type of communication enhances performance, morale, and discipline and improves the training environment. At the same time, it preserves proper respect for authority and focuses on the mission.

2.1.2. Unprofessional Relationships. Unprofessional relationships covered by this instruction include those between faculty, staff, recruiters, and RAPpers and applicants, recruits, RAPpers, trainees, cadets, students, and ELS Airmen. Whether pursued on or off duty, relationships are unprofessional when they detract from the authority of superiors or result in (or reasonably create the appearance of) favoritism, misuse of office or position, or the abandonment of organizational goals for personal interests. Unprofessional relationships may include relationships between officers; between enlisted members; between officers and cadets or enlisted members; between military personnel and civilian employees or contractor personnel; between recruiters and recruits, applicants, or RAPpers; and between RAPpers and recruits or applicants.

2.2. General Guidance on Relationships.

2.2.1. The AETC mission demands that personnel maintain proper and professional relationships in the recruiting, training, and education environments. Faculty, staff and recruiters will be held primarily accountable for consensual but unprofessional relationships with trainees, cadets, students, recruits, applicants, RAPpers, or ELS Airmen. In addition to possible disciplinary action, a substantiated allegation of an unprofessional relationship may result in removal from the recruiting, education, or training environment, temporary/permanent decertification, and/or withdrawal of associated Special Duty

Identifiers. Trainees, cadets, students, RAPpers, and ELS Airmen have an independent obligation to avoid prohibited behaviors. However, given the power imbalance between such personnel and faculty, staff, and recruiters, commanders must exercise special care in assessing the subordinate member’s culpability as it may be more appropriate to treat them as victims in particular cases.

2.2.2. Not all contact or association between trainees, cadets, students, recruits, applicants, RAPpers, or ELS Airmen and faculty, staff, or recruiters is prohibited. This instruction provides general guidance to allow for the application of sound judgment and common sense on a case-by-case basis. Commanders must consider the totality of the circumstances when determining whether the personal relationship at issue violates this instruction. Factors to consider include, but are not limited to, whether the conduct has compromised the chain of command, resulted in the appearance of partiality, or otherwise undermined good order, discipline, authority, and/or morale.

2.2.3. The camaraderie essential to military organizations is particularly beneficial in the military training and education process. Personnel covered by this instruction are encouraged to participate in appropriate organizational functions, such as picnics, sporting

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events, graduations, assignment selection events, sponsorship programs, student achievements, Air Force-approved fund drives, membership campaigns, religious and civic events, and similar activities authorized by their commander.

2.3. Specific Prohibitions and Responsibilities. Military members, DoD civilian employees, and applicable contractor personnel are responsible for complying with this instruction both on and off duty in their personal behavior and in their treatment of others. These personnel must ensure their relationships are professional and impartial, do not create the appearance of favoritism, and do not detract from the professional image the Air Force intends to project.

Conduct that violates the prohibitions and mandatory provisions of this paragraph and its subparagraphs by military personnel is a violation of Article 92, UCMJ. Violations by civilian personnel may result in administrative disciplinary action without regard to otherwise applicable criminal or civil sanctions for violations of related laws.

2.3.1. Applicability. Except as noted below, the specific prohibitions and responsibilities detailed in paragraph 2.3 of this instruction, including its subparagraphs, continue throughout all periods of accession, training, and instruction. This includes periods where personnel are awaiting basic military or initial skills training (including breaks in basic military or initial skills training), and periods where personnel have been eliminated from basic military or initial skills training and are awaiting discharge or reclassification. It also includes the entire period of entry-level status for enlisted personnel, regardless of their training status.

2.3.1.1. Specific prohibitions and responsibilities pertaining to applicants, recruits, RAPpers, trainees, cadets, students in initial skills training, and ELS Airmen apply regardless of the existence of any past, present, or anticipated future relationship between such personnel and a recruiter, RAPper, faculty member, or staff member. For purposes of this instruction, initial skills training is not complete until a student graduates from initial skills training and reports to his or her first permanent duty station of assignment or follow-on training program. For example, a technical training instructor at one installation may not engage in a personal relationship with a student in initial skills training at another installation, even if there is no prior, current, or anticipated training relationship between the instructor and the student. Similarly, a Specialized

Undergraduate Pilot Training (SUPT) instructor at one installation may not engage in a relationship with an SUPT student (to include personnel in casual status awaiting training) assigned to another installation.

2.3.1.2. Specific prohibitions and responsibilities pertaining to relationships between faculty, staff, and recruiters and students who have completed initial skills training and are no longer in entry-level status (non-ELS students), apply only when there is a training relationship (direct or indirect) between such personnel, and they apply throughout the entire training program or course of instruction. For example, a student attending retraining, continuation, or upgrade training may not engage in a personal relationship with a faculty or staff member in that student’s training program. Similarly, PME faculty and staff may not engage in personal relationships with students enrolled in their course of instruction.

2.3.2. Covered Relationships. The prohibited activities detailed in paragraph 2.3.3 generally apply to relationships between recruiters, RAPpers, faculty, and staff and

AETCI36-2909 2 DECEMBER 2013 11

applicants, recruits, RAPpers, trainees, cadets, students, ELS Airmen, and their immediate family members. Specifically:

2.3.2.1. Faculty and staff will not engage in the activities detailed in paragraph 2.3.3 with applicants, recruits, trainees, cadets, students, ELS Airmen, and/or their immediate family members.

2.3.2.2. Trainees, cadets, students, and ELS Airmen assigned to AETC will not engage in the activities detailed in paragraph 2.3.3 with faculty, staff, recruiters, and/or their immediate family members.

2.3.2.3. Recruiters will not engage in the activities detailed in paragraph 2.3.3 with recruits, applicants, RAPpers, trainees, cadets, students in initial skills training, ELS

Airmen, and/or their immediate family members.

2.3.2.4. RAPpers will not engage in the activities detailed in paragraph 2.3.3 with recruiters, recruits, applicants, and/or their immediate family members. This instruction does not govern otherwise proper relationships between RAPpers and trainees, cadets, students, other RAPpers, and/or ELS Airmen.

2.3.3. Prohibited Activities. Personnel shall not engage, or try to engage, in the following activities within the context of relationships covered by paragraph 2.3.2

2.3.3.1. Engaging in personal, social contact by any means. Prohibited contact includes, but is not limited to, personal, social media contact, such as: e-mail, texting, Facebook, Twitter, and similar virtual social networks.

2.3.3.2. Developing, establishing, or carrying on personal, social relationships. This includes, but is not limited to: attending or hosting unofficial social gatherings;

frequenting clubs, bars, theaters, or sporting events; participating in personal sports activities (e.g., golf, racquetball, bowling); or providing alcohol to, accepting alcohol from, or consuming alcohol with such personnel.

2.3.3.3. Establishing, developing or conducting intimate or sexual relationships. This includes, but is not limited to, dating, handholding, kissing, embracing, caressing, and engaging in sexual activities. Prohibited intimate or sexual relationships may be conducted in person and/or via cards, letters, telephone calls, e-mails, texting, instant messaging, videos, photographs, or any other means of communication or social media.

2.3.3.4. Making sexual advances toward, or seeking or accepting sexual favors.

2.3.3.5. Using one’s grade or position, threats, pressure, or promises of return favors or favorable treatment to gain, or attempt to gain, sexual favors.

2.3.3.6. Establishing a common household (that is, sharing the same living area in an apartment, house, or other dwelling). This prohibition does not extend to situations where military operations reasonably require the sharing of living accommodations.

2.3.3.7. Soliciting donations, except for official Air Force campaigns or pursuant to approved fundraisers.

2.3.3.8. Gambling, lending money, borrowing money, or otherwise becoming indebted.

2.3.3.9. Accepting personal goods for storage or any other reason.

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2.3.3.10. Accepting personal services for any reason, even if for compensation.

2.3.3.11. Basic military training instructors may not attend technical training graduations without prior written approval from the 737 TRG/CC.

2.3.3.12. Recruiters may not attend Basic Military Training or technical training graduations without prior written approval from their squadron commander.

2.3.4. Building Partnership Capacity (BPC) Training Programs. This paragraph applies to faculty, staff, trainees, cadets, and students participating in programs that support the BPC mission. Relationships between BPC faculty and staff and BPC trainees, cadets, and students are not subject to the specific prohibitions and responsibilities contained in paragraph 2.3.3

However, BPC faculty and staff:

2.3.4.1. Shall comply with the limitations identified in AFI 36-2909 as well as the more specific guidelines in this instruction. This includes the specific prohibitions and responsibilities contained in paragraph 2.3.3 relating to relationships with non-BPC applicants, recruits, trainees, cadets, students, ELS Airmen, and their immediate family members.

2.3.4.2. Shall not establish, develop, try to develop, or conduct intimate or sexual relationships with BPC trainees, cadets, or students. This includes, but is not limited to, dating, handholding, kissing, embracing, caressing, and engaging in sexual activities.

Prohibited intimate or sexual relationships may include relationships conducted in person and/or via cards, letters, telephone calls, e-mails, texting, instant messaging, videos, photographs, or any other means of communication or social media.

2.3.4.3. Shall not make, or try to make, sexual advances toward, or seek or accept sexual favors from BPC trainees, cadets, or students.

2.3.4.4. Shall not use, or try to use, their grade or position, threats, pressure, or promises of return of favors or favorable treatment to gain, or attempt to gain, sexual favors from

BPC trainees, cadets, or students.

2.3.4.5. Shall not establish a common household with BPC trainees, cadets, or students

(that is, share the same living area in an apartment, house, or other dwelling). This prohibition does not extend to situations where military operations reasonably require the sharing of living accommodations.

2.3.4.6. Shall not solicit, or try to solicit, donations from BPC trainees, cadets, or students, except for official Air Force campaigns or pursuant to approved fundraisers.

2.3.4.7. Shall not gamble with, lend money to, borrow money from, or otherwise become indebted to BPC trainees, cadets, or students.

2.3.5. Notice of Pre-Existing Relationships. Recruiters, RAPpers, faculty, and staff members shall immediately inform their chain of command if they learn that a relative, friend, or anyone with whom they have had a personal or intimate relationship, is an applicant, recruit, RAPper, trainee, cadet, or student in their particular accession, training, or instruction program. Faculty and staff members will also inform their chain of command if a permanent party ELS Airman with whom they have had a personal or intimate relationship is assigned to their training unit. Leadership shall take reasonable steps to avoid placing such applicants, recruits, RAPpers, trainees, cadets, students, or ELS Airmen under the direct

AETCI36-2909 2 DECEMBER 2013 13

supervision of these recruiters, RAPpers, faculty, or staff members. Trainees, cadets, students, and RAPpers should not be assigned to the same squadron/detachment as such faculty, staff, or recruiters. Recruiters, faculty, and staff members will ensure their actions do not give the appearance of preferential treatment or favoritism towards these RAPpers, trainees, cadets, students, or ELS Airmen.

2.3.6. Waivers and Exceptions.

2.3.6.1. Common sense exceptions, to include accommodations of a blood or marriage relationship, may be allowed when authorized in writing by the person’s commander.

Personnel authorized such exceptions will respect all military customs and courtesies when they are on duty, in uniform in public, or at official social functions. Other common sense exceptions are permitted for organizational functions recognized by appropriate authorities (e.g., intramural sports, squadron picnics, field days, chapel and religious activities, and holiday parties). Participants in such events shall observe appropriate customs and courtesies.

2.3.6.2. Non-ELS Students: Group commanders (or equivalent) may grant exceptions to permit personal, social contact and/or relationships between recruiters, faculty, and staff and non-ELS students. Such exceptions should be granted only when there is no official and/or training relationship (direct or indirect) between the parties and no such relationship is anticipated during the remainder of the student’s training program or course of instruction. Exceptions are not authorized for intimate or sexual contact with non-ELS students, as described in paragraph 2.3.3.3

2.3.6.3. Permanent Party ELS Airmen: Training Squadron commanders (or equivalent) are authorized to grant appropriate exceptions to permit personal, social contact and/or relationships between faculty and staff members and ELS Airmen assigned as permanent party to their training units. Such exceptions should be granted only when necessary to encourage and facilitate the professional integration of ELS

Airmen at their first permanent duty station. Exceptions are not authorized for intimate or sexual contact with ELS Airmen, as described in paragraph 2.3.3.3

2.3.6.4. First Assignment Instructors: The continuation of a pre-existing personal, social, intimate, or sexual relationship between two students is subject to written commander approval when one of the students transitions to instructor status; e.g., as a

First Assignment Instructor Pilot. In such cases, commanders will ensure the student and instructor are not assigned to the same squadron for training purposes. Personnel authorized such an exception will avoid actions that may give the appearance of preferential treatment or favoritism.

2.3.7. Reporting and Documenting Unprofessional Relationships. Alleged violations of this chapter will be reported in accordance with paragraph 1.3 Substantiated unprofessional relationship allegations will be documented and maintained in the member’s PIF in accordance with paragraph 1.4

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Chapter 3

TRAINEE ABUSE AND HAZING

3.1. Overview. Leadership, faculty, and staff are responsible for safeguarding the safety, morale, and welfare of assigned trainees, cadets, and students, to include providing them with a healthy learning environment. Faculty and staff must treat all trainees, cadets, and students with dignity and respect. Trainee abuse and hazing, as defined by this instruction, are wholly inconsistent with these responsibilities and will not be tolerated.

3.2. Terms Explained.

3.2.1. Trainee Abuse. Any unauthorized physical or verbal act or omission by a faculty or staff member against a trainee, cadet, or student intended to cause, or likely to result in, unlawful physical, emotional, psychological, or financial harm. Examples include, but are not limited to: maltraining, cruelty and maltreatment (verbal and/or physical), hazing, unlawful discrimination, wrongful appropriation, abuse of authority, sexual harassment, rape, sexual assault, and forcible sodomy.

3.2.2. Maltraining. Any practice not designed to meet a course training objective.

Examples of maltraining include, but are not limited to: using abusive or excessive physical exercise; unnecessarily rearranging the property of a trainee to correct infractions; and misapplication of motivational training tools. Any practice for the purpose of inducing a trainee, cadet, or student to self-eliminate is considered maltraining. Other examples include:

making a trainee perform degrading or humiliating tasks; assigning remedial training to an entire group based on the deficiencies of an individual or a few individuals; and assigning remedial training that does not fit the deficiency. Training conducted in violation of applicable risk management plans and/or in violation of hydration and work rest cycle standards also constitutes maltraining.

3.2.3. Cruelty and Maltreatment Generally. Military personnel who are cruel toward, oppress, or maltreat persons subject to their orders are guilty of cruelty and maltreatment under Article 93, UCMJ. The cruelty, oppression, or maltreatment, although not necessarily physical, is measured by an objective standard. Assault, improper punishment, and sexual harassment may constitute this offense. The imposition of necessary or proper duties and the exaction of their performance does not constitute this offense even though the duties are arduous or hazardous or both. Acts constituting this offense may also violate other provisions of the UCMJ. For purposes of this instruction, the offense of cruelty and maltreatment is further subdivided into physical maltreatment, verbal maltreatment, and sexual harassment.

3.2.3.1. Physical Maltreatment. Causing or engaging in unauthorized and unwanted physical contact with another or improperly depriving another of basic physical necessities. Examples include, but are not limited to: poking, hitting, thumping, pushing, grabbing, physical violence, physical intimidation, assault, rape, sexual assault, forcible sodomy, as well as unauthorized deprivation of medical care, basic sustenance, hydration, hygiene, restroom breaks, and recuperation. Note: Within Basic Military Training, the

M16 Trainer Weapon will not be used in any capacity as a disciplinary tool.

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3.2.3.2. Verbal Maltreatment. Verbal maltreatment includes any language that degrades, belittles, demeans, maliciously embarrasses, or slanders an individual or group.

This includes any such language that unlawfully discriminates on the basis of the color, national origin, race, religion, age, ethnic group, gender, sexual orientation or physical stature of any individual or group. Examples include, but are not limited to: profanity;

depicting, suggesting, insinuating, condoning, or encouraging immoral, unethical, illegal, or unprofessional conduct; crude, offensive language in rhymes or prose as memory devices (mnemonics); racially disparaging remarks; training tools that contain profane words, offensive language, or inappropriate sexual or gender references; and any language that establishes a hostile environment, promotes sexual harassment, or engenders disrespect toward a particular race, religion, or gender.

3.2.3.3. Sexual Harassment. Sexual harassment is a form of sexual discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job or career; (2) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive work environment. In short, it includes influencing, offering to influence, or threatening the career, pay, or job of another person in exchange for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature.

3.2.4. Hazing. Any conduct whereby a military member or members, regardless of service or rank, without proper authority causes another military member or members, regardless of service or rank, to suffer or be exposed to any activity which is cruel, abusive, humiliating, oppressive, demeaning, or harmful. Soliciting or coercing another to perpetrate any such activity is also considered hazing. Hazing need not involve physical contact among or between military members; it can be verbal or psychological in nature. Actual or implied consent to acts of hazing does not eliminate the culpability of the perpetrator. Examples of hazing include, but are not limited to: unauthorized psychological games (e.g., “loyalty checks”); initiation rites or rituals that threaten or result in bodily harm to any person (e.g., “blood wings,” branding, tattooing, striking); forced or coerced consumption of alcohol, drugs, or tobacco products; and forced or coerced consumption of excessive or harmful liquids, foods, or any other substances. Hazing may occur among faculty and staff members, between faculty and staff and trainees, cadets, and students; and among trainees, cadets, and students.

3.3. Specific Prohibitions and Responsibilities. Conduct that violates the prohibitions and mandatory provisions of this paragraph, including its subparagraphs, by military personnel is a violation of Article 92, UCMJ. Violations by civilian personnel may result in administrative disciplinary action without regard to otherwise applicable criminal or civil sanctions for violations of related laws.

3.3.1. Faculty and staff shall not engage in, or try to engage in, trainee abuse. Faculty and staff shall not encourage or condone trainee abuse by others.

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3.3.2. AETC personnel shall not engage in, or try to engage in, hazing, regardless of the rank, position, or training status of the perpetrator or victim.

3.3.3. Allegations of trainee abuse and/or hazing will be reported in accordance with paragraph 1.3

3.3.4. Substantiated allegations of trainee abuse and/or hazing will be documented and maintained in the member’s PIF in accordance with paragraph 1.4 In addition to possible disciplinary action, substantiated allegations of trainee abuse and/or hazing may result in a faculty or staff member’s removal from the training environment, temporary/permanent decertification and/or withdrawal of associated Special Duty Identifiers.

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Chapter 4

ACADEMIC INTEGRITY

4.1. Terms Explained.

4.1.1. Academic Integrity. Uncompromising adherence to a code of ethics, morality, conduct, scholarship, academic standards, and other values related to academic activity.

Note: Academic integrity is distinct from the concept of academic freedom, which relates to the freedom of inquiry, discussion, and debate among faculty, staff members, trainees, cadets, and students without fear of sanctions or reprisal. Within the educational setting, guest lecturers, faculty, staff members, trainees, cadets, and students are encouraged to support or criticize any objective, policy, or opinion in the pursuit of knowledge and understanding, but must do so with dignity and respect, and with appropriate regard to military customs and courtesies.

4.1.2. Individual Work Assignments. Academic assignments, examinations, or research efforts in which individuals are expected to do their own work without consulting or collaborating with others, or using any materials that were researched, drafted, or prepared by another person, except as specifically authorized by the assignment instructor.

4.1.3. Group Work Assignments. Academic assignments, examinations, or research efforts not otherwise specified as individual work assignments. Note: Specified group assignments may also limit or prohibit consultation or collaboration with other groups or with individuals outside of a specified group.

4.1.4. Cheating. The act of intentionally providing and/or receiving improper assistance on academic assignments, examinations, or research efforts. Examples include, but are not limited to: plagiarism; misrepresentation; gaining unauthorized access to faculty materials that have not been released for student use; copying answers from another’s work; using unauthorized texts, notes, materials, or other references for examinations or other assigned work; knowingly permitting another student to copy one’s writing assignments, speeches or briefing materials, or answers from an examination paper; submitting as individual work product any materials that were researched, drafted, or prepared by another person; and collaborating or consulting with other persons on individual work assignments except as specifically authorized by the assignment instructions.

4.1.5. Plagiarism. The act of appropriating the written work of another, parts or passages of their writings, or the ideas or language of another, and intending to pass them off as the product of one’s own mind. An example of plagiarism is copying material verbatim without quotation marks or citation and with the intent to claim the material as one’s own work.

Another example is the intentional use of a source’s sentence structure, style, and content with only minor word changes (i.e., paraphrasing), without giving credit to the source.

4.1.5.1. Writing in an academic environment differs significantly from traditional “staff work.” As AFH 33-337, The Tongue and Quill, states: “In the staff environment, we frequently reuse previously prepared data to save time and avoid ‘reinventing the wheel,’ but we rarely need to cite the source of such data. In the academic world, however, reusing another’s work without giving that person credit and deliberately trying to pass it off as your own, is plagiarism.”

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4.1.5.2. Although academic guidelines should make plagiarism rules as clear as possible, students also must take responsibility for their work. Students who have any questions about citation or crediting a source have an obligation to ask for clarification from a faculty or staff member.

4.1.6. Misrepresentation. The act of making an assertion or omission to intentionally deceive or mislead. Misrepresentation may be an oral or written statement that is misleading or deceiving and meant to be so, for example, false reporting. A student may also commit misrepresentation by omission, such as deliberately withholding material information.

Students who resubmit research papers or other work prepared by them to fulfill a prior academic requirement, while disguising or failing to disclose the resubmission, would be guilty of misrepresentation. For example, a student may not resubmit a research paper that was previously submitted in another course (or a variant of the current course, for example, a nonresident version of the same course), without disclosing the resubmission.

4.1.7. Intent. Intent is a state of mind in which a person seeks to accomplish a given result through a course of action. Intent can seldom be proven by direct evidence, but must ordinarily be inferred from the surrounding facts and circumstances. Intent is an element of plagiarism, cheating, and misrepresentation. Intent is different from “motive,” which is what prompts a person to act or fail to act - in other words, why he or she acted or did not act.

Thus, a student who cheats may be motivated by laziness or a desire to get a better grade, rather than by a desire to violate the rules of academic integrity. However, as long as the student intends to engage in the conduct that constitutes cheating (e.g., using notes in a closed-book examination), he or she has the requisite intent to cheat.

4.2. Specific Prohibitions and…