Cadet Protection

[RADIOMAN015]

Even if you are not directly involved with cadets, my advice is to be vigilant that your unit's adults are complying with the provisions of CAPR 52-10, Cadet Protection Policy.  ANY deviation should send up a red flag to take a closer look.

During my AF career I witnessed the family devastation (including my direct supervisor (who worked for this commander) and one of my peers in the same unit)  that occurred when an active duty, full colonel commander sexually abused over one dozen (about 15, trying to find the article in my files) children, BEFORE he was caught and brought to justice (rotted away in jail).

So don't let your guard down and each of you will have to decide whether you want to go to local law enforcement authorities without even tipping off anyone in Civil Air Patrol, so they can run a discrete investigation.   I know in the example above (whether the sexual abuse mostly occurred off base), one of the parents (BTW who's husband was deployed overseas on a contingency mission at the time) went directly to the Sheriff's office that had special investigators for these type of crimes and the multi location abuse unfolded quickly.
RM 
 

[EMT-83]

I'm confused.

Are you saying in one breath that we should follow 52-10 to the letter, and then saying that we should ignore it and run a "discrete investigation"?

[Eclipse]

The regs are clear as to what members who suspect abuse are to do.  If you value your membership you will comply.

Anyone in my AOR who reported what they suspected to be abuse to local law enforcement, without also complying with CAP internal reporting
regulations, would be a former member.

The rules are in place for a reason, not the least of which is protecting everyone involved, including the corporation, and most importantly, the accused.  This sort of accusation will haunt someone for the rest of their life, unfounded or not, and should never, ever, be taken lightly.

Per 52-10:
1. Reporting Requirements. Senior members, cadets, and parents/guardians should immediately report incidents of observed or suspected abuse to the unit commander or commander at the next higher level of command. Whenever a commander has received a report of abuse, suspects that abuse has occurred or may occur, or believes there is an appearance of impropriety in the nature of cadet abuse by a member of CAP, the commander will immediately suspend the member from CAP and will report the abuse as follows: (see CAP Regulation 52-10 for specific actions required)

d. Reporting to State Agency. There may be a mandatory requirement to report certain types of physical, sexual or emotional abuse to a designated state agency. Requirements vary from state to state. Members having knowledge of abuse must follow reporting requirements under their state's laws. Your wing legal officer can help you to know what laws apply.

[Eclipse]

I would again suggest you spend some time with the term "collateral damage".

During my AF career I witnessed the family devastation (including my direct supervisor (who worked for this commander) and one of my peers in the same unit)  that occurred when an active duty, full colonel commander sexually abused over one dozen (about 15, trying to find the article in my files) children, BEFORE he was caught and brought to justice (rotted away in jail).

Your personal experience in the USAF a million years ago has absolutely nothing to do with CAP.  Nothing, nada.  No connection.
Yet thanks to the good people at Bing and AOL, people coming to this board out of context will get the joy of reading your post and can make inferences that this is an issue related to CAP.

Hint:  It isn't, especially in the random way it was dropped here.

[Spaceman3750]

I am a court mandated reporter, which means that I am required to report suspected abuse to DCFS. My commander is still getting called right before that though, just like my boss would get the first heads up at work.

[EMT-83]

Being a mandated reporter (which many of us are), doesn't present any conflict with CAP regulations.

[lordmonar]

In my humber non-lawyer opinion.....we are all manditory reporters.

We report it up our chain of command per regulations and the file a report with the appropriate agency per laws and good citezenship.

[EMT-83]

Mandatory reporter - someone who can face criminal charges for failure to report certain incidents such as child or elder abuse, as defined by state statutes.

CAP regulations are no less important, but definitely different.

[RADIOMAN015]

The regs are clear as to what members who suspect abuse are to do.  If you value your membership you will comply.

Anyone in my AOR who reported what they suspected to be abuse to local law enforcement, without also complying with CAP internal reporting
regulations, would be a former member.

The rules are in place for a reason, not the least of which is protecting everyone involved, including the corporation, and most importantly, the accused.  This sort of accusation will haunt someone for the rest of their life, unfounded or not, and should never, ever, be taken lightly.

Per 52-10:
1. Reporting Requirements. Senior members, cadets, and parents/guardians should immediately report incidents of observed or suspected abuse to the unit commander or commander at the next higher level of command. Whenever a commander has received a report of abuse, suspects that abuse has occurred or may occur, or believes there is an appearance of impropriety in the nature of cadet abuse by a member of CAP, the commander will immediately suspend the member from CAP and will report the abuse as follows: (see CAP Regulation 52-10 for specific actions required)

d. Reporting to State Agency. There may be a mandatory requirement to report certain types of physical, sexual or emotional abuse to a designated state agency. Requirements vary from state to state. Members having knowledge of abuse must follow reporting requirements under their state's laws. Your wing legal officer can help you to know what laws apply.

I doubt that CAP overall as an organization has significant cadet protection issues, as far as it relates to senior members mistreating cadets in any way.  Personally, I'd be very careful about accusing anyone of anything, especially any sexual abuse of a minor.

I would think the specific circumstances could dictate when or even IF a member reports anything to CAP on sexual abuse type incidents, rather than reporting directly (first) to appropriate law enforcement.  Also it's 'fantasy' to think that a non CAP member (e.g. parents) can be required to reporting anything to CAP, BUT they can encouraged to do this. 

BTW I think it is the 'victim(s)' that need(s) to be protected first, rather than ANYONE else   
RM

[JC004]

...
BTW I think it is the 'victim(s)' that need(s) to be protected first, rather than ANYONE else   
RM

There isn't always a victim, or perhaps the victim isn't who you think.  You don't get to unilaterally decide who the victim is.  That's the point of due process.

[Short Field]

That is why you report it to people who can actually do something about it. 

[Eclipse]

I would think the specific circumstances could dictate when or even IF a member reports anything to CAP on sexual abuse type incidents, rather than reporting directly (first) to appropriate law enforcement.  Also it's 'fantasy' to think that a non CAP member (e.g. parents) can be required to reporting anything to CAP, BUT they can encouraged to do this. 

No, the regulations dictate the actions and the reporting chain, assuming again, that you value your membership.  People who do whatever the "situation dictates", in conflict with the regs, find themselves to be quickly ex-members.

We have no control over what non-members do, and therefore there's no point in discussing it like it was relevant.

[Spaceman3750]

In my humber non-lawyer opinion.....we are all manditory reporters.

We report it up our chain of command per regulations and the file a report with the appropriate agency per laws and good citezenship.

But, as EMT-83 pointed out, the difference between your typical bystander and a mandated reporter (typically someone who works in a school, hospital, etc.) is that while the bystander is only bound to report by their moral compass, mandated reporters like EMT-83 and I can go to jail for failing to report to the designated state agency (regardless of who in CAP I report it to).

If I am an unfortunate witness or become aware of abuse, CAP will get the first call (if for nothing else than to get the member suspended and removed from the picture), but the state is getting the very next call, because I would much rather be an ex-member than inmate number 22345.

[Eclipse]

22345?  You think you're going in A-Block?  I don't think so newb!

First or second call would not matter to me, only that both calls are made, and that you protect yourself and the corporation as mandated and reasonable by the regs. 

RM wants it to be OK to make a double-secret call to the local 5-0 and not say anything to CAP.

[RADIOMAN015]

22345?  You think you're going in A-Block?  I don't think so newb!

First or second call would not matter to me, only that both calls are made, and that you protect yourself and the corporation as mandated and reasonable by the regs. 

RM wants it to be OK to make a double-secret call to the local 5-0 and not say anything to CAP.

So Eclipse you would agree that the regulation ONLY applies to anything that happens at  CAP sponsored activities, correct    IF it's not a a CAP sponsored activity, even though it could involve CAP members, it's not within the reach & scope of the regulation and thus there's NO requirement to report this to anyone in CAP
RM

[Eclipse]

22345?  You think you're going in A-Block?  I don't think so newb!

First or second call would not matter to me, only that both calls are made, and that you protect yourself and the corporation as mandated and reasonable by the regs. 

RM wants it to be OK to make a double-secret call to the local 5-0 and not say anything to CAP.

So Eclipse you would agree that the regulation ONLY applies to anything that happens at  CAP sponsored activities, correct   IF it's not a a CAP sponsored activity, even though it could involve CAP members, it's not within the reach & scope of the regulation and thus there's NO requirement to report this to anyone in CAP

No.

The regulations make no such distinction.  Members are always within the reach and scope of our regulations.
What I said was that we have no recourse or control over non-members, parents or otherwise.

[Hardshell Clam]

1. Know CAP policy.
2. Know your state law.
3. Understand that following CAP regs WILL NOT protect you from state laws concerning reporting.
4. Understand that following local law WILL NOT protect you from CAP regs concerning reporting.
Bottom line: see items 1 and 2 above and when in any doubt, REPORT and document it.

Do the right thing and protect the child and let "valuing your membership" be secondary, then seek legal help if some CAP brass moves towards making you an "ex-member".

[Eclipse]

Do the right thing and protect the child and let "valuing your membership" be secondary, then seek legal help if some CAP brass moves towards making you an "ex-member".

If you follow the regs properly, you'll be doing both and won't need to worry about "legal protection from the brass" (whoever that is).

[Hardshell Clam]

Hey Eclipse, how about giving the "brass" thing a rest or must you always be be contrary?

[ol'fido]

In my humber non-lawyer opinion.....we are all manditory reporters.

We report it up our chain of command per regulations and the file a report with the appropriate agency per laws and good citezenship.

But, as EMT-83 pointed out, the difference between your typical bystander and a mandated reporter (typically someone who works in a school, hospital, etc.) is that while the bystander is only bound to report by their moral compass, mandated reporters like EMT-83 and I can go to jail for failing to report to the designated state agency (regardless of who in CAP I report it to).

If I am an unfortunate witness or become aware of abuse, CAP will get the first call (if for nothing else than to get the member suspended and removed from the picture), but the state is getting the very next call, because I would much rather be an ex-member than inmate number 22345.

Actually, Spaceman, you'll be M22345, S22345, or R22345. The R & Cs are issuing Inmate #s beginning with those 3 letters right now after years of A,C,N,B, and K numbers. If you do fed time, I have no idea how they do their inmate #s.