Chapter 15: SENIOR STAFF

The Senior Staff sets an example for the cadet staff and the basic cadets. Their uniform must always be neat and clean and must fit properly. It is essential that uniforms be correct in accordance with CAPM 39-1.

The duty uniform is established as local policy based on the environment. While the Encampment Commander will establish rules for seniors at a particular encampment, accepted practice is duty uniform from morning meal until after evening meal, or after 1800 hrs. Outside those hours other uniforms may be acceptable. Physical training (PT) gear is acceptable only during athletic activities. Time at encampment is limited, so it is helpful to bring several duty uniforms to minimize laundry.

Living Quarters. The Senior Staff's quarters must be kept in proper order. Often it is necessary to conduct business in these quarters. As with uniforms, the Senior Staff sets an example for the cadet staff as well as the basic cadets.

Legal Responsibility.

In today’s society we cannot afford to ignore our exposure to liability. The following is a lay interpretation offered as a basis for your understanding of the legal responsibility as a member of the Senior Staff, especially a Tactical Officer. Should you have any questions, they should be directed to competent legal authority.

As Senior Members, our legal position with respect to cadets is conceptualized in law by the doctrine of "in loco parentis," that is, we are acting in the place of the parents. Thus we have a legal responsibility to act, nurture, protect and safeguard the cadets from harm, both physical and mental.

Our exposure to liability as individuals may be found under the Law of Torts, which holds that a personal wrong is actionable for damages. This means that a Senior Member’s act, or failure to act, could expose the organization as a whole, and the Senior Member as an individual, to liability in a lawsuit. Further, individual exposure results not only from the wrong of the individual in question, but may also result from the wrong of another, such as a subordinate or another Senior Member.

When we take on a position of authority or responsibility, the law brings along with that position a certain amount of legal responsibility. In common law, this responsibility falls into two areas, strict liability, and negligence. Strict liability is liability without regard to fault. In the normal course of events in CAP, this area would not usually apply.

Of more importance to us is the area of negligence. This concept implies that we have a duty to behave as a reasonable person of ordinary prudence under the same or similar circumstances so as not to expose others to an unreasonable risk of harm.

Standard of Care. In a world fraught with risks, how much risk is reasonable? How must we behave and with what "standard of care" must we comply to create an atmosphere that is reasonably free of risk? The final analysis of whether that standard has been met in each individual case would be in the hands of a jury.

The law imparts to a person a certain amount of expertise based solely on the position that they occupy. We as Senior Members are occupying positions of ostensible authority and expertise, regardless of whether or not we actually possess that expertise.

Considering the case of a Senior Member, the standard of care is much higher than an ordinary person, by virtue of the position that he or she holds. We set ourselves up as experts in our area and as a result the standard of care is shifted upward placing the exposure closer to strict liability rather than merely negligence. Thus the Senior Member is legally responsible to act with expertise whether or not he actually possesses such expertise.

Responsibility. It appears then, that we have the legal liability and responsibility of the parent. We have a duty to take care of incidents as they occur and to foresee and protect the cadets from damage, both physical and mental. We are responsible for the physical and the emotional and psychological well being of the cadet.

We note that historically we have had few problems because the people working at this level with cadets are usually highly motivated. They care a great deal about the well being of the cadets.

Responsibility to protect the cadets from physical damage is obvious. The Senior Member must always be aware of potential environmental hazards or situations which could result in injury. Less obvious is the responsibility to protect the cadet from psychological damage.

What can we do to reduce our potential for legal problems? The encampment program must be planned and executed with a reasonable standard of care in mind. The Senior Member must remain sensitive to areas of exposure. We must be very conscious of the possible effect of our actions and the actions of others on the cadets. Always be conscious of safety and be aware of areas where injuries or distress could occur. Beyond that, we must be sensitive to neutralizing the adverse consequences of any incident that might occur.

Counseling. The Tactical Officer has an important job as a counselor both to the basic cadets and the cadet staff. The role of the Tactical Officer as counselor is that of a mentor (see Ch. 11).

Environment. Arriving at the encampment, the basic cadets are cast into an environment that may be radically different from anything they have ever encountered before. Encampment is highly structured, stressful, and demands a high level of participation and concentration from each cadet. Some cadets will have more difficulty coping than others. Be alert to identify problems and provide counseling when appropriate. The responsibilities of the cadet staff place them in a similar situation. Flight staff commonly have issues with success or failure at their job, and also questions about purpose or philosophy. They too may benefit from counseling.

Active Listening Skills. Effective counseling requires that the person being counseled feel that you have a sincere interest in his problem. This is best done using active listening techniques such as the following:

Sensitivity. Be sensitive to the emotional state of the cadet and his/her feelings. Always maintain respect for the individual; criticize the behavior, not the person. Consider:

If you run into a difficult situation, share the problem with other senior staff members, especially chaplains. We are not professional counselors nor are we here to experiment with counseling skills. Another perspective might be helpful.