Military Education Law published, extending sanctions for students

Mexico CityStarting this Tuesday, August 6, students (learners) of the institutions of the Military Education System must be more careful with their conduct inside and outside the military establishments, even if they are on leave, on vacation or on leave, if they do not want to permanently withdraw from the military schools.

The Ministry of National Defense (Sedena) published this Monday in the Official Gazette of the Federation (DOF) the decree that reforms and adds various provisions of the Regulations of the Law of Military Education of the Mexican Army and Air Force, which comes into force this Tuesday. These include more causes for discharge from the institution for those who engage in practices such as “physically, verbally, deed-wise or psychologically abusing other students, as well as all those actions that put the physical integrity or health of said persons at risk.” Such acts are used in so-called hazing.

It is also punishable to attend an educational institution in a state of intoxication, regardless of the degree of alcohol intoxication, or to consume alcoholic beverages within the school; as well as to introduce, possess, inhale, smoke, use or ingest any type of narcotic within the school “or in acts of service.”

Also, if the student is involved in a medico-legal case due to harm to another person or student that “causes injuries that endanger the life of another student or cause their death.” This also applies to third parties who participate in these acts.

The Military Education Law expands the sanctions to regulate the behavior of military students outside of schools, even if they are “on leave, on vacation, or on leave, or in other circumstances that do not arise from acts of service.” For example, if they cause injuries that endanger the life of another student or cause their death; they are under the influence of alcoholic beverages or narcotics; or if “the act has merited the attention of the media.”

In addition, the cases contemplate “publishing, displaying, exhibiting, distributing, recording or disclosing photographs or images on social networks of military personnel, inside or outside military installations, in uniform, in civilian clothes or with uniform clothing or accessories that contain unequivocal signs or marks about their military identity, or with corporal, sexual content, real or simulated, that affect, in addition to military discipline, the prestige or image of the Educational Institution or the Secretariat of National Defense.”

Having consensual sexual relations within the educational institution or where their accommodation has been assigned; and carrying out duly accredited conduct of sexual harassment and stalking towards another person.

Likewise, if the student gets tattoos during his/her stay at the Educational Institution in places visible with the use of the uniform, that have a dimension greater than 10 x 10 centimeters, that the images are offensive to morality or are an apology for crime; and in case of having more than one tattoo, these are greater than 10% of the body surface, among other restrictions.

This is the reform to article 140 of said law, first paragraph, and its sections V Bis, first paragraph, and subsection b, second paragraph, numerals 2, 3 and 4, XI and XII; also added to articles 140, first paragraph, sections XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV and 140 Bis, of the Regulations of the Law of Military Education of the Mexican Army and Air Force.

However, the reform to Section XI changes the reason for a student’s discharge if he or she is involved in a criminal process in the military, common or federal jurisdiction. The law in force until this Monday provides that a student will be discharged if he or she faces “an order of restraint or linkage to proceedings”; the new provision establishes “in which a precautionary measure of preventive imprisonment or another that limits his or her activities in the Educational Institution has been dictated.”