10 U.S.C. § 9452: Cadets: hazing

Summary

The Superintendent must, with the Secretary of the Air Force’s approval, make rules that define hazing, try to prevent it, and set punishments like suspension or dismissal. If a cadet charged with an offense that could lead to dismissal asks in writing for a trial by general court-martial, the cadet cannot be dismissed for that offense unless that court-martial orders dismissal. A cadet dismissed for hazing cannot be reappointed as a cadet and cannot be appointed as a commissioned officer in the regular Army, Navy, Air Force, Marine Corps, or Space Force until two years after his class graduates.

Title 10, §9452

Armed Forces, Source: USLM XML via OLRC

(a)Subject to the approval of the Secretary of the Air Force, the Superintendent of the Academy shall issue regulations—

(1)defining hazing;

(2)designed to prevent that practice; and

(3)prescribing dismissal, suspension, or other adequate punishment for violations.

(b)If a cadet who is charged with violating a regulation issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, he may not be dismissed for that offense except under sentence of such a court.

(c)A cadet dismissed from the Academy for hazing may not be reappointed as a cadet, and is ineligible for appointment as a commissioned officer in a regular component of the Army, Navy, Air Force, or Marine Corps, or in the Space Force, until two years after the graduation of his class.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 9352(a)9352(b) 9352(c)10:1163 (1st par.).10:1163 (1st 32 words of last par.).10:1163 (last par., less 1st 32 words).Mar. 2, 1901, ch. 804 (2d proviso under “Permanent Establishment”); restated Apr. 19, 1910, ch. 174 (38th par. under “Buildings and Grounds”), 36 Stat. 323. In subsection (a), the word “violations” is substituted for the words “infractions of the same”. The words “to embody a clear” are omitted as surplusage. In subsection (b), the words “the penalty for which is or may be” are substituted for the words “which would involve”. The words “may not be dismissed for that offense except under sentence of such a court” are substituted for the words “shall be granted”. In subsection (c), the words “a regular component” are inserted, since the source statute historically applied only to the regular components.

Editorial Notes

Amendments

2023—Subsec. (c). Pub. L. 118–31 substituted “or Marine Corps, or in the Space Force,” for “Marine Corps, or Space Force,”. 2021—Subsec. (c). Pub. L. 116–283 substituted “as a cadet” for “as an Air Force cadet” and “Marine Corps, or Space Force” for “or Marine Corps”. 2018—Pub. L. 115–232 renumbered section 9352 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§9452 Cadets: Hazing

Summary

Title 10, §9452

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata