Stu Posted January 9, 2012 Share Posted January 9, 2012 (edited) Here's the simple legal issue. Did the corps...acting "in loco parentis" create an environment where something illegal occurred between an adult and a child. For instance....let's say a staff member...and I'll take this out of the sex arena for a moment...was caught smoking marijuana out behind a school with a 16 year old corps member. 1. Both would be charged with possession charges. 2. The staff member would be charged with contributing. 3. The corps would no doubt dismiss the staff member and provided they did all the necessary background work and showed reasonable due diligence, would be able to successfully defend their actions should the courts get involved. Now, that's because the staff person was checked out. As far as I know, students in drum corps go through no background check. So, let's say we have a 19 year old corps member and a 15 year old corps member taking showers or sharing sleeping bags, etc. The question that's going to come up is...did the corps do their reasonable due diligence in preventing this activity from occurring...and in most cases, the corps is deeply at risk here. Accomodations for a minor in a corps would involve separating all members of adult status away from members who are still minors. Also, never pairing adults with minors as seat partners, etc. Finally, a separate shower time or location for minors/adults may need to be accomodated to show evidence of due diligence when accting "in loc parentis." THANK YOU TOM!!!! This was, and is, why I brought up the issue in the first place. 14 is a minor; 19 - 21 is an adult irrespective of staff or performer; corps do not acquire background checks their adult performers; nor do most corps think about separating adult performers from minor performers in the situations you mentioned. Edited January 9, 2012 by Stu Quote Link to comment Share on other sites More sharing options...
Stu Posted January 9, 2012 Share Posted January 9, 2012 I think what she meant is that corps tend to be segregated more in terms of age than they once were. You have top tier corps made up of mostly college aged kids that would balk at offering a spot to a 14 year old, and you have corps in the lower tier of World Class with average ages under 18. Somewhere around 2006 - 2008 Regiment had a minor in the Bass line; so it is still an issue even at the top level. Quote Link to comment Share on other sites More sharing options...
GUARDLING Posted January 9, 2012 Share Posted January 9, 2012 (edited) Somewhere around 2006 - 2008 Regiment had a minor in the Bass line; so it is still an issue even at the top level. well if it all comes to this even seperate seat patrners Drum corps would be out of business OR maybe corps will have an 18 or older corps or 17 and younger forget DCA their ages now a days are all over the place..lol and WGI WC no age limits Edited January 9, 2012 by GUARDLING Quote Link to comment Share on other sites More sharing options...
Tom Brace Posted January 9, 2012 Share Posted January 9, 2012 Somewhere around 2006 - 2008 Regiment had a minor in the Bass line; so it is still an issue even at the top level. it really comes down to due diligence. That's what the organization is going to have to show. Did they do their due diligence when acting "in loco parentis." Quote Link to comment Share on other sites More sharing options...
Stu Posted January 9, 2012 Share Posted January 9, 2012 it really comes down to due diligence. That's what the organization is going to have to show. Did they do their due diligence when acting "in loco parentis." Tom: Do you know how many corps directors are actually showing due diligence when acting "in loco parentis"? Are they taking precautions by separating minor performers and adult performers in the situations some in this forum consider tabu to discuss? This is certainly a serious matter; both in looking out for the welfare of a minor and legal ramifications for the corps. Quote Link to comment Share on other sites More sharing options...
Tom Brace Posted January 9, 2012 Share Posted January 9, 2012 Tom: Do you know how many corps directors are actually showing due diligence when acting "in loco parentis"? Are they taking precautions by separating minor performers and adult performers in the situations some in this forum consider tabu to discuss? This is certainly a serious matter; both in looking out for the welfare of a minor and legal ramifications for the corps. To be honest with you...it's been a long time since I have been at corps' rehearsals or been on the road with corps. My current occupation does not give me opportunity to tour much. The corps here in Tempe had members reside at homes/volunteer parents' homes and rehearsed during the day and did not have "camps" per se. They do more camps now at local high schools starting last year and I do not know how this issue is handled. Since I have no kids in the corps and since I am not part of the corps management or Board, I don't concern myself too much with it. But, let's say I was on the Board of a drum corps...it would be one of those issues I would be bringing up which would cause many to think, "Why did we get this guy on the Board?" I would also say this...the corps here in Tempe does travel with a large volunteer (lots of parents involved) group on the road. I think this helps as parents tend to think like...well, parents. Quote Link to comment Share on other sites More sharing options...
Hook'emCavies Posted January 9, 2012 Share Posted January 9, 2012 (edited) . Edited January 9, 2012 by Hook'emCavies Quote Link to comment Share on other sites More sharing options...
Shamu89 Posted January 9, 2012 Share Posted January 9, 2012 Tom: Do you know how many corps directors are actually showing due diligence when acting "in loco parentis"? Are they taking precautions by separating minor performers and adult performers in the situations some in this forum consider tabu to discuss? This is certainly a serious matter; both in looking out for the welfare of a minor and legal ramifications for the corps. The "age of consent" varies state to state and they're all between 16-18 yrs old. So to be diligent, would you have to go by the state you are in, or the state where the corps originates? Plus, unless there is a complete breakdown in the culture of the organization, I find it doubtful anything would happen during scheduled showers. There's too many people and very little time. IMHO, I would be more concerned about situations where a kid is not allowed to march due to injury or illness since they spend most of their time alone/unsupervised while the corps is practicing. Quote Link to comment Share on other sites More sharing options...
Stu Posted January 9, 2012 Share Posted January 9, 2012 But, let's say I was on the Board of a drum corps...it would be one of those issues I would be bringing up which would cause many to think, "Why did we get this guy on the Board?" Please clarify: Are you saying that the rest of the Board would be curious as to why you would be bringing up that potential issue, and then question you as why you were on the Board in the first place? If that is the case, then you are saying the Board is actually complacent when it come to minors and adults being in particular situations. Quote Link to comment Share on other sites More sharing options...
Stu Posted January 9, 2012 Share Posted January 9, 2012 I find it doubtful anything would happen during scheduled showers. There's too many people and very little time. Doubtful? Probably. However, relay that reasoning to families of the kids in which Mike McQueary saw getting (hugs) from another person. There were also many people around and very little time in all of those situations. 1 Quote Link to comment Share on other sites More sharing options...
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