Tim K Posted November 1, 2017 Share Posted November 1, 2017 17 minutes ago, skevinp said: Pushing this and maybe some other changes could lead to an eventual decision that no one under 18 can participate in DCI. I will leave it to others to debate whether that would be good or bad. That would not change the issue at hand. Obviously if the person is a minor it would have legal ramifications in many states, but being over 18 does not mean that person cannot accuse someone of sexual harassment. Quote Link to comment Share on other sites More sharing options...
BRASSO Posted November 1, 2017 Share Posted November 1, 2017 (edited) 11 minutes ago, MikeN said: Morally, I'm with Stu. Legally, I agree with you G. There's a misconception about what "DCI" really is. It's not the NFL, with a central league office owned by the stakeholders. The office itself is just a sanctioning body that runs contests. DCI's obligation to the corps is to provide them a basic framework for what happens on the field and secure (some) venues for them to perform. Everything else that happens the corps decide on DCI's behalf. "DCI the organization" tries very, very hard to stay out of each individual corps' operations, except for the basic audit of "do we think this corps can afford to compete?" The corps want it that way, and they've structured the org that way. If you have a beef and want to create a petition, make it towards the Cadets corps we're trying to avoid naming. Mike p.s. Sorry to echo what's already been said - started my reply and got called away, then y'all said pretty much the same things while I was gone... However, our opinions really are not relative here, should this convicted sex offender become involved in a 2nd sexual offense while employed with the Corps that hired him. The notion that an attorney representing a potential 2nd victim would hold harmless DCI in a lawsuit involving this indiviidual seems pretty naive imo. it would be up to a judge and/ or Jury to determine if DCI itself had any legal oversight responsibility on a potential 2nd offense here... not what any of us here ( and even DCI itself ) might think on the matter..., one way or the other. Edited November 1, 2017 by BRASSO Quote Link to comment Share on other sites More sharing options...
BRASSO Posted November 1, 2017 Share Posted November 1, 2017 (edited) 1 hour ago, garfield said: once an offender has done the time for the crime, he/she is entitled to a second chance to prove he's changed his ways Thats your OPINION... and you are certainly entitled to that opinion. However, its worth noting that the State of Calif. Criminal Justice System disagrees with you on this. One read of his Conviction terms involving an underage female informs us that the Calif. Criminal Justice System ruled that he must forfeit his teaching license.... permanently. No " second chance ". He is not to set foot on school grounds either... permanently. Edited November 1, 2017 by BRASSO Quote Link to comment Share on other sites More sharing options...
Stu Posted November 1, 2017 Share Posted November 1, 2017 33 minutes ago, garfield said: If a court says that an offender is allowed to teach after a conviction, the BoD of a drum corps will have a hard time winning such an argument in court or arbitration. I just got word back from an attorney on this. DCI is not registered as an educational institution so in legalese the term teacher is not applied, nor does DCI govern over performing units that just exist and travel within the State of IN where the home office is located. Therefore, DCI must have governing policies in place for the units under their governance that require each unit to comply with the State laws in which the particular corps is traveling. Quote Link to comment Share on other sites More sharing options...
garfield Posted November 1, 2017 Share Posted November 1, 2017 1 minute ago, BRASSO said: Thats your OPINION... and you are certainly entitled to that opinion. However, its worth noting that the State of Calif. Criminal Justice System disagrees with you on this. One read of his Conviction terms informs us that the Calif. Criminal Justice System ruled that he must forfeit his teaching license.... permanently. No " second chance ". He is not to set foot on school grounds... permanently. Are we directing this discussion at one person or at one petition? Quote Link to comment Share on other sites More sharing options...
skevinp Posted November 1, 2017 Share Posted November 1, 2017 5 minutes ago, Tim K said: That would not change the issue at hand. Obviously if the person is a minor it would have legal ramifications in many states, but being over 18 does not mean that person cannot accuse someone of sexual harassment. Discussion of the "issue at hand" has been saturated with talk of protecting children and aspects that are relevant to the age of the victim. It is very relevant to the amount and extent of criminality, liability, and impact on reputation. I never said it would prevent accusations of sexual harassment. Technically speaking, nothing can prevent such accusations. Quote Link to comment Share on other sites More sharing options...
garfield Posted November 1, 2017 Share Posted November 1, 2017 1 minute ago, Stu said: I just got word back from an attorney on this. DCI is not registered as an educational institution so in legalese the term teacher is not applied, nor does DCI govern over performing units that just exist and travel within the State of IN where the home office is located. Therefore, DCI must have governing policies in place for the units under their governance that require each unit to comply with the State laws in which the particular corps is traveling. And, do they? Quote Link to comment Share on other sites More sharing options...
BRASSO Posted November 1, 2017 Share Posted November 1, 2017 Just now, garfield said: Are we directing this discussion at one person or at one petition? I believe that the petition is broad based.. applies to all Corps, and all convicted sexual offenders. I also believe that what triggered the added impetus for the petition drive at the moment was the recent hire by a Corps of a former convicted sex offender. So the discussion does seem to have some relative duality to it, imo. Quote Link to comment Share on other sites More sharing options...
skevinp Posted November 1, 2017 Share Posted November 1, 2017 5 minutes ago, BRASSO said: Thats your OPINION... and you are certainly entitled to that opinion. However, its worth noting that the State of Calif. Criminal Justice System disagrees with you on this. One read of his Conviction terms informs us that the Calif. Criminal Justice System ruled that he must forfeit his teaching license.... permanently. No " second chance ". He is not to set foot on school grounds... permanently. It actually used those general terms, without defining them? How odd. Does that mean he cannot pick up his own children from band practice? Get a masters degree? Teach an adult education class? Quote Link to comment Share on other sites More sharing options...
Stu Posted November 1, 2017 Share Posted November 1, 2017 Just now, garfield said: And, do they? According to what you posted earlier is that DCI has decided to not dictate that to the individual corps, but decided that it should be left up to each corps to develop their own policy on the sexual registration matter. Quote Link to comment Share on other sites More sharing options...
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