NON-DISCRIMINATION POLICY
Squadrons follow the National Headquarters non-discrimination regulation at all times. All squadrons are to follow CAP Regulation 36-1 without deviation per NHQ.
Victor Santana, LtCol, CAP
1. Background.
1.1. The Constitution of the Civil Air Patrol, Article VII, states “Discrimination based on age, disability or the provisions of Title VI and VII of the Civil Rights Act of 1964 is prohibited.”
1.2. Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance.
1.3. Title III of the Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance. Supersedes: CAPR 36-1, 4 August 2016 Distribution: http://www.capmembers.com/forms_publications__regulations
1.4. DOD Directive 5500.11, Nondiscrimination in Federally Assisted Programs, is the basic implementing directive for Department of Defense compliance with Title VI of the Civil Rights Act of 1964, and is applicable to the Civil Air Patrol.
1.5. DOD Directive 1020.1, Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of Defense, is the basic implementing directive for DOD compliance with the Rehabilitation Act of 1973, Section 504. It states that no qualified handicapped person in the United States shall on the basis of handicap be excluded from participation in, denied the benefit of, or otherwise subjected to discrimination under any program or activity conducted by the Federal Government or receiving federal financial assistance.
1.6. DAFI 36-2710, Equal Opportunity Program, is the Air Force implementing directive for DOD Directive 5500.11 and DOD Directive 1020.1. 2. Civil Air Patrol Policy of Equal Opportunity and Nondiscrimination. CAP is committed to ensuring that all members are treated with dignity and respect and are afforded equal opportunity and right to nondiscrimination. 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, national origin, disability, 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.
3. Definitions.
For the purposes of CAP regulations in the 36 series:
3.1. “CAP Member” See CAPR 39-2, Civil Air Patrol Membership.
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 or herself, other CAP members, or CAP property.
3.3. “Report of Investigation” (ROI) means the final report written by the CAP Equal Opportunity Officer (CAP/EOO) or the assigned investigating officer outlining the findings and conclusions of the investigation.
3.4. “Reprise or Reprisal” See CAPR 20-2, Complaint Resolution.
4. Responsibilities.
4.1. National Headquarters.
4.1.1. The Civil Air Patrol Chief Operating Officer (CAP/COO) shall appoint an Equal Opportunity Officer (CAP/EOO) to manage volunteer programs and address volunteer issues associated with the CAP Nondiscrimination Program.
4.1.2. CAP/COO shall seek concurrence from the National Commander (CAP/CC) on the CAPR 36-1 14 May 2026 3 CAP/EOO appointment.
4.2. CAP National Commander. 4.2.1. Shall coordinate with CAP/COO in the selection and appointment of CAP/EOO.
4.2.2. Shall annually issue a Commander’s Statement of Nondiscrimination to include directions for the widest dissemination of the CAP Nondiscrimination Policy.
4.3. CAP Equal Opportunity Officer (CAP/EOO).
4.3.1. Shall be responsible for implementing a program that addresses members’ nondiscrimination concerns and for handling all discrimination allegations and complaints that relate to CAP volunteer members. Complaints relating to CAP employees shall be handled in accordance with the CAP Corporate Employee Handbook.
4.3.2. Shall conduct an analytical review of all allegations of discrimination and an investigation of all complaints of discrimination deemed sufficient to require the conduct of such an investigation in as efficient and expeditious manner as possible. Procedures and guidelines for meeting this responsibility are delineated in CAPR 362, Complaints Under the Civil Air Patrol Nondiscrimination Policy.
4.4. All Commanders.
4.4.1. Are responsible for implementing and enforcing CAP policies, procedures, and directives prohibiting discrimination throughout their respective commands.
4.4.2. Will ensure that the CAP Nondiscrimination Policy is briefed annually to all members within their respective commands.
4.4.3. Will maintain such records as they determine necessary to ensure compliance with these directives. These records will be made available for inspection upon request of CAP/EOO, Complaint Resolution Officers in connection with IG investigations (see CAPR 20-2), or other competent authority.
4.5. CAP Members.
4.5.1. Will comply with the letter and the intent of the CAP Nondiscrimination Policy.
4.5.2. Will cooperate with CAP/EOO, or his or her designated representative, in the investigation and resolution of complaints of discrimination or allegations of violation of the CAP Nondiscrimination Policy.
5. Nondiscrimination Program Management.
5.1. CAP/EOO shall establish programs and procedures to ensure that CAP members are aware of CAP’s Nondiscrimination Policy.
5.2. CAP/EOO shall establish programs and procedures to ensure that CAP members are aware of their rights and responsibilities in filing complaints when violations of CAP’s Nondiscrimination Policy occur.
5.3. CAP/EOO shall work in cooperation with functional area managers, both at National Headquarters and with CAP’s volunteer leadership, to encourage equal opportunity in recruiting and in execution of CAP’s missions and programs, promotions, awards, and educational opportunities.
5.4. Familiarization with CAP’s Nondiscrimination Program will be included in all new-member orientation and training programs (i.e., Level I for senior members and Phase I for cadets).
5.5. CAP/EOO will ensure that Equal Opportunity and Nondiscrimination training is accessible online to members through Volunteer University. All active senior members (including cadet sponsor, life, and 50-year members) shall complete this online training.
5.6. Allegations of violations of the policies delineated in this regulation will be handled in accordance with the provisions of CAPR 36-2.
5.7. CAP/EOO will compile an annual report summarizing the activities of the CAP Nondiscrimination Program to include all complaints and allegations and their resolutions. This report will be distributed to the CAP Board of Governors, CAP Senior Advisory Group, CAP/CC, CAP/COO, and the CAP-USAF Inspector General.