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Microsoft Outlook Law Offices of David P. Sheldon, PLLC Da,id P. Sheldon, Admitted in DC, MD, & MT I Shannon M. James, Admitted in AZ :\'arasha K. Campbell, Admitted in WA I Da\ina -~- Anderson, Admitted in DC May 7, 2021 Captain Arthur Ray Commandant of Cadets U. S. Coast Guard Academy 31 Mohegan Avenue New London, CT 06320-8103 SENT BY EMAIL TO: [email protected] RE: Appeal to Disenrollment on Behalf of 1/c Cadet Zara Burns Dear Captain Ray, Our office represents 1/c Cadet Zara Burns. On her behalf, enclosed please find an appeal to the disenrollment decision of the Superintendent Admiral Kelly. If you have any questions, please feel free to contact me by phone at (202) 546-9575 or by email at [email protected]. Sincerely, Shannon James Shannon James, Esq. 100 M St SE, Suite 600 Waslu ngton, DC 20003 Office number 202-546-9575 Fax number 202-546--0135 www.m1li1arydefensc.com Introduction Events Leading up to the Hearing pg. 2 Motive to Fabricate pg. 10 Due Process Issues pg. 12 No Actual "Witnesses" pg. 16 Legal Analysis 1. The Charge of Class I Offense 1231: Sexual Misconduct Is Not Supported pg. 25 by the Objective Evidence and The Regulations of The Corps of Cadets. 2. The Charge of Class I Offense 1237 Relationship; Inappropriate or pg. 26 Improper, Involving A Serious Breach of Discipline Is Not Supported by the Truth. 3. The Charges of Class I Offense 1216: Devotion To Duty: Lack of, Failure Of; pg. 28 And Class I Offense 1220: Respect: Lack Of, Failure Of; Are Void In Context Conclusion pg. 28 Enclosure 1, Example of colloquial misunderstanding of Regulations Enclosure 2, Letters of Advocacy 1. Ronald S. Adrezin, Ph.D., P.E. Professor and Chair of Mechanical Engineering, USCGA 2. LT Alexandria Bass (USCG) & STSC (SS) James Bass (USN) 3. Angelica B. Brooks, LTJG, Sector Houston‐Galveston 4. 3/c Shipmate (anonymous), on the tenor and atmosphere of the Hearing 5. LT Lindsay Duplessis, Watch Performance Eval 6. 3/c Riley Stark, Character reference 7. LCDR Larry V. Thomas Jr, Watch Performance Eval 8. Alexander Waid, Ph.D. Professor of Spanish Language, Literature & Cultural Studies, USCGA 9. 1/c Justin A. Gardner, Character reference 10. Cadet Evaluation Report, 1/c Zara Burns, 06 Jul 2021 ‐ 14 Aug 2021, Sector Houston‐Galveston The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. U.S. Department o~­ Superintendent 15 Mohegan Avenue Homeland Security •;:~ U. S. Coast Guard Academy New London, CT 06320 Staff Symbol: (s) United States Phone: (860) 444-8285 Coast Guard Fax: (860) 444-8285 1600 MEMORANDUM From: Z. M. Burns, Cadet 1/c To: DCMS-dpr Thru: CG ACADEMY (s) Subj: APPEAL TO NOTIFICATION OF DISENROLLMENT Ref: (a) Regulations for the Corps of Cadets, SUPTINST M5215.2N (b) CG ACADEMY(s) memo 1600 dtd 13 Apr 2021 INTRODUCTION I respectfully request reconsideration of my disenrollment from the Coast Guard Academy. I have made mistakes; however, I have deeply reflected on my actions and the events leading to this point in time and how those mistakes have already served to make me a better leader, and if given the opportunity, a better Coast Guard Officer. I humbly ask that you please consider the following when determining my suitability to be a Coast Guard Officer. I want to make clear that I am not at the USCGA merely because it is a great opportunity, but because its core values and mission aligned with my own. I felt it was a natural fit for me and a place where I could learn, grow, and excel to become the best version of myself as a living representation of those ideals. As such, I would never purposely do anything to jeopardize my journey or the opportunity to remain a contributing and effective member, symbiotically fused at the core with this humanitarian service. I understand this may seem contrary to the current circumstance, but I am truly contrite and place responsibility squarely on my shoulders for not taking a more objective view of my behavior. On 24 March 2021 at a Conduct and Discipline Hearing, the Commandant of Cadets concluded that I had committed the following Class I and II offenses: Class I Offense 1216: Devotion to Duty: lack of, failure of; Class I Offense 1220: Respect: lack of, failure of; Class I Offense 1237 Relationship; inappropriate or improper, involving a serious breach of discipline; Class I Offense 1231: Sexual Misconduct, and Class II Offense 2114: Door: Gross violation of open/closed door policy. It was asserted that: a) During the Spring Semester of 2021, I engaged in an inappropriate relationship with a 4/c cadet. That I was warned by other cadets of the perception of inappropriate behavior and did not cease. b) That I was discovered in a rack lying down with a 4/c cadet in a room with the door closed and the lights off by a 1/c and 4/c cadet. c) That, as I was assigned as the division officer of the 4/c cadet's roommate and engaged in this inappropriate relationship in her presence, I made her uncomfortable in her own room. EVENTS LEADING UP TO THE HEARING The crux of my disenrollment stems from an accusation that I was having an inappropriate relationship with 4/c cadet Gafford. These findings are categorically untrue. However, I want to begin by acknowledging the violation of Offense 2114: Door: Gross violation of open/closed door policy.1 I felt in the circumstance that it was both appropriate and necessary to close the door. I was concerned for 4/C Gafford’s welfare. In hindsight, I should have reached out to my leadership for guidance. 1 Two big misunderstandings in the common, colloquial wisdom at the academy. That 1231 speaks to "laying on the same horizontal surface," and 2. That the closed-door policy allows for closed doors when three or more cadets are in the room. 2 I met 4/c Gafford as a member of my company and had gotten to know her over the last year due to our status as sponsor sisters. I learned over conversations at our sponsor family's house, that she was struggling with a plethora of emotional issues. A lot of these details were told to me in confidence, as she was not comfortable sharing them with others. 4/c Gafford confided in me that she recently found out about her mother’s death after coming across her obituary rather than learning about it firsthand from her own family. In addition, I was concerned when she shared that she felt isolated from her classmates as this puts anyone on a lonely path that can be difficult to overcome. She had a rough start academically and was very upset about her grades from the prior semester. She also mentioned that she had struggles with her roommate, which I wanted to monitor since I was also Division Officer and mentor to her roommate. Some of 4/c Gafford’s issues stem from a difficult childhood, but she was also struggling with adapting to Academy life. Since I had firsthand experience, my solution was to remain open and sympathetic with 4/c Gafford and encourage her to reach out to someone with more expertise and rank than me. I reminded her of the academy's mental health and counseling services, specifically sharing information on which program would be best considering her need for confidentiality. But 4/c Gafford was dubious about speaking with anyone and concerned about the potential ramifications if she did so. Her relationship with her family was severely strained and she repeatedly alluded to a “greater concern” looming over her. As long as I can remember, I have been told by many of my friends and peers over the years that they are very comfortable confiding in me. I take this as a compliment. As a practical matter, closing the door is something that happens all the time. (Enclosure 1). Typically, as long as it is within class boundaries or there is a third person or witness present, these situations go on without incident. The violation here included me, 4/c Gafford, and 4/c 3 Gafford’s roommate, 4/c Yeargin. However, the burden ultimately falls on me as the upperclassman. Leaders are to guide and show the way. In fact, the Regulations charge us to learn to build and maintain professional associations and relationships, and to look after our shipmates. I thought that is what I was doing in associating with 4/c Gafford. But I was not taking a “30,000-foot view” and understanding the optics of my interactions with her. This is especially true considering the rank differential. In retrospect, what I thought was my helping a struggling younger classman appeared inappropriate to others. Although I would like to make it clear that other than supposition, there were no statements supporting a romantic relationship. Sometime in the week preceding the night of approximately 18 Jan 2021, 4/c Gafford was unaccounted for and not signed in for the night, IFN, when the 22:00 accountability was taken and a search for her whereabouts was initiated, whereby 4/c Gafford was found to have been asleep in an academic building. During the search for 4/c Gafford, 1/c Bantz issued a single, and the only, class wide text message asking if anyone had seen me. This broadcasted an implicit connection between 4/c Gafford and me.
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