Non Discrimination Policy and Cadet Programs relating to Promotions

[Jpilot1]

In our squadron we currently have a cadet with a mental handicap... Per this handicap our squadron is giving this cadet special accommodation such as promoting the cadet on a continual basis when they can not recite the cadet oath from memory... According to CAPR 52-16, section 5-2, the cadet must be able to recite the cadet oath from memory. I pointed this out to the squadron commander (I am the cadet commander) and he said it is in regulations to give her special accommodations so she doesn't need to remember it to get her promotion. Is this true... I have searched everywhere and can not find a regulation granting mentally handicapped cadets with special accommodations to overide the basic minimum requirements for promotion... what do I do!?

[Eclipse]

... what do I do!?

You thank whatever deity or higher power you recognize that you don't have the same issues and
then do everything you can to try and help this cadet have a good experience.

[Jpilot1]

Yes and I understand this. We try our very best to be accommodating. Its just if they cant reach the basic  minimum requirements for promotion is it fair to keep promoting this cadet?

[Eclipse]

"Fair" is a relative term when speaking about people, especially adolescents, with disabilities.

You might also consider this is a public forum and you are not anonymous.  I would suggest
your concerns should be raised to the local leadership, not in a public forum such as this.

If it's important for you to see the verbieage of the non-discrimnaiton policy, then here it is:
CAPR 36-01, Page 2
http://www.capmembers.com/media/cms/R036_001_D6D80CB431788.pdf
"2. Civil Air Patrol Policy of Nondiscrimination. CAP provides an inclusive and welcoming
environment for all members and ensures that educational, membership and operational
decisions are based on each individual's abilities and qualifications. Consistent with this practice
and applicable laws, It is CAP policy that no member shall be excluded from participation in,
denied the benefits of, or subjected to discrimination with respect to accessibility to any CAP
program or activity on the basis of race, color, sex, age, religion (creed), national origin (ancestry),
sexual orientation, gender identity or expression, disability (formerly handicap), marital status,
military or veteran status. However, each case is subject to applicable qualifications and ability
standards for the CAP program or activity concerned. Further, it is Civil Air Patrol policy that no
applicant meeting CAP's minimum age requirement will be denied membership in CAP on the
basis of any of the foregoing characteristics. This policy is intended to ensure that only relevant
factors are considered and that equitable and consistent standards of conduct and performance
are applied."

"3.2. "Qualified Member with a Disability" means a CAP member with a disability who, either
with or without reasonable accommodation, can perform the essential functions required by a
CAP program or activity that such CAP member desires to participate in without endangering
him/herself, other CAP members, or CAP property."

Without putting too fine a point on it, as a cadet officer who is also the Cadet Commander, you should be familiar with this
regulation, and your CC is required to brief everyone on it every year.

We have cadets on IEPs who need accommodation for their tests, and we have cadets in PT classes that recognize
temporary and permanent physical limitations.  As a CC, if the only issue is one of memorization, I would say it's
not unreasonable for a cadet who is otherwise participating and completing his academics to be promoted.

[Jpilot1]

Okay. Thank you for answering this question. I was just trying to make sure that I am doing the correct thing without being prejudice towards the cadet.

[PHall]

JPilot1, are her promotions harming you or anyone else in your unit?

[Jpilot1]

No its not. But I do understand now how the regulations work. It's just no one in my squadron has ever explained non-discrimination policy. I was just going of off CAPF 52-16 and what my old deputy squadron commander of cadets told me

[CAPDCCMOM]

At the risk of being charged with "dog piling " a newbie, I must comment here.

52-16 clearly states that  we WILL ACCOMMODATE Cadets with disabilities.  Every student, that is in any form of Special Education, has an IEP,  Individual Education Plan, CAP is required to follow the accommodations set forth in this legal document.  We will not deny membership or promotion due to a disability. 

I would happily invite the Cadet you speak of, Jpilot, to my table. Instead of questioning the "fairness ", spend some time with this Cadet. You could learn a great deal about the Core Value, Respect for the Individual,  comes to mind.

[SkywalkerRA]

I do not think the Cadet's question is some egregious sin. The Cadet noticed something in the regs and noticed that what was happening appeared to be outside of his/her interpretation of the regs and sought clarification.

I do consulting for companies and one of the issuws that comes up in the field I have a large client base in is what constitutes a reasonable accommodation according to Fair Housing and ADA. Now, I am not an attorney, but I can say that I have seen differences of what constitutes a reasonable accomodation among people who spend their days focused on this stuff. Is it not reasonable for a cadet to have the same level of uncertainty as other reasonable people might? And if so, shouldn't our responsibility be to advise and guide the cadet's thought process without sending a message of how dare you not know the regulations?

For the record Cadet, I think what the squadron is doing is great for the disabled cadet. I think this provides everyone in the squadron an opportunity to see the power you have in accepting and celebrating everyone for what who they are and what they bring to the table...and if your squadron commander has made a decision regarding what constitutes an acceptable accomodation in this area, move forward and as someone else posted here, find ways to make this a great experience for your fellow cadet. You have so much.opportunity to make a difference for everyone here. Best of luck to you.

[JC004]

No its not. But I do understand now how the regulations work. It's just no one in my squadron has ever explained non-discrimination policy. I was just going of off CAPF 52-16 and what my old deputy squadron commander of cadets told me

This is a problem.  Every unit is required to have an annual non-discrimination briefing.  We keep it on our calendar and do it around the fiscal year change.

[EMT-83]

The unit is required to have an annual briefing, but there is no requirement that every member attend said event. If the cadet was absent that night and missed the briefing, the squadron is still in compliance.

[FW]

I do not think the Cadet's question is some egregious sin. The Cadet noticed something in the regs and noticed that what was happening appeared to be outside of his/her interpretation of the regs and sought clarification.

I do consulting for companies and one of the issuws that comes up in the field I have a large client base in is what constitutes a reasonable accommodation according to Fair Housing and ADA. Now, I am not an attorney, but I can say that I have seen differences of what constitutes a reasonable accomodation among people who spend their days focused on this stuff. Is it not reasonable for a cadet to have the same level of uncertainty as other reasonable people might? And if so, shouldn't our responsibility be to advise and guide the cadet's thought process without sending a message of how dare you not know the regulations?

For the record Cadet, I think what the squadron is doing is great for the disabled cadet. I think this provides everyone in the squadron an opportunity to see the power you have in accepting and celebrating everyone for what who they are and what they bring to the table...and if your squadron commander has made a decision regarding what constitutes an acceptable accomodation in this area, move forward and as someone else posted here, find ways to make this a great experience for your fellow cadet. You have so much.opportunity to make a difference for everyone here. Best of luck to you.

I think it is great for a cadet to come here and ask a question about doing what is right, and getting a better understanding of a regulation.  It would be better, however for a cadet to ask the question, and have a discussion with the squadron commander or deputy.  Giving all cadets the chance to get the most from their experience is what we expect.   

[Eclipse]

The unit is required to have an annual briefing, but there is no requirement that every member attend said event. If the cadet was absent that night and missed the briefing, the squadron is still in compliance.

No, they are not.  This is a fallacy which generally results in an SUI discrepancy.

CAPR 36-1, Page 4:
"4.4.2. Will ensure that the CAP Nondiscrimination Policy is briefed annually to all members within their respective commands."

This issue is considered important enough that the regulation requires the National Commander to send out a reminder each year to all of his
subordinate commanders, the most recent being only about a month ago, and CC's must keep records on file regarding the when and
how the briefing(s) were presented.

I have had a few discussions on this topic with IGs as it is impossible to attain 100% compliance when there are active users on the roster
who are unresponsive or who have provided bad contact information, but for key staff such as the C/CC, not being properly briefed and
informed about the Non/Discr policy is unacceptable on the local CC's part, considering that the C/CC is at least partially responsible
(at the level a cadet can be) for making sure violation don't occur and / or are reported.  It frankly should be one of the
things discussed when you're making the decision (vs. the "chain of command" and "how will you fix the squadron").

With that said, I have no issue with a cadet who brings a concern like this to his superiors, my point was, and needs to be
understood, that despite Zuckerberg's hopes and dreams regarding his annual revenue, not all topics are appropriate
for public discussion in a non-generalized / non-anonymous way.

When you post in the clear, with your unit indicated in the profile, indicate your staff role and talk about another
member with an easily definable issue, that's not going to end well for anyone.

[RogueLeader]

I have searched everywhere and can not find a regulation granting mentally handicapped cadets with special accommodations to overide the basic minimum requirements for promotion...

As there are way too many things that may affect members abilities to participate in CAP, there is no way that anybody can regulate the even more numerous ways that can be created to accommodate those issues.  That is one of the challenges of being in Command: what is a "reasonable" accommodation?  It can vary widely on the exact details, and really the limits are what the commander is willing to go to bat for.

Take, for example, the unit I'm in, we meet in the basement of an armory that does not have an elevator, and pay nothing for the use.  If we have a prospective member that requires the use of a wheelchair, do we have to take that member?  The answer is likely no, as the accommodation would not be reasonable.  We would a)have to carry the member/wheelchair up and down each time, b) relocate to a new facility (which would likely not be zero cost)- if it is zero cost and facilities would be workable, that might be an acceptable accommodation- in Cheyenne Wyoming don't count on it; so it would not be a reasonable accommodation, and we would not be obligated to accept that person as a member.

As another example, we have a cadet that has a learning disability, and needs to have tests read out loud, and for extra time.  While that is outside the regulatory parameters for testing, it is a reasonable accommodation as the cadet answers the test, no prompting or guiding from the reader, and does everything that is required.

Does that make sense?

[Eclipse]

As another example, we have a cadet that has a learning disability, and needs to have tests read out loud, and for extra time.  While that is outside the regulatory parameters for testing, it is a reasonable accommodation as the cadet answers the test, no prompting or guiding from the reader, and does everything that is required.

This is perfectly acceptable:
http://www.capmembers.com/cadet_programs/library/cadet-achievement-tests-and-exams/
"Special Accommodations: 
CAP will make reasonable accommodations for cadets who have special educational needs. Unit commanders may authorize testing accommodations at their discretion. Examples of accommodations include testing orally, extending time limits, dividing the test into segments and reducing the choices on a multiple-choice test. Before authorizing an accommodation, the unit commander should discuss the cadet's needs with the cadet's parents. Most schools use an Individualized Educational Program (IEP) to support special needs students. If a parent chooses to share the IEP information with CAP, the unit commander will adhere to all reasonable accommodations set forth in the IEP. If the commander and the cadet's parents disagree about the need for reasonable accommodations, wing headquarters will mediate and is authorized to mandate testing accommodations, if warranted."