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Calif says no NDAs for sexual misconduct


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2 hours ago, JimF-LowBari said:

Believe NDAs have been used in some schools to hide illegal actions between teachers/staff and students. That way the teacher leaves but no way for other schools to know about the problem. Would affect corps as if they run the standard checks nothing would show up.

Correct that has happened 

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2 hours ago, JimF-LowBari said:

Believe NDAs have been used in some schools to hide illegal actions between teachers/staff and students. That way the teacher leaves but no way for other schools to know about the problem. Would affect corps as if they run the standard checks nothing would show up.

That would be the case for certain with certain elite prep schools, and I can think of four or five in my area that this has been the case. That being said, private schools often have a code of sorts (my wording) that lets other schools know if there are concerns for rehire by other private schools. If you are difficult to work with, you get the most glowing recommendation possible, almost too good to be true. Letters for someone who should not be hired usually have a line that says "Please contact us, we'd love to share our experiences with So and So" which the person submits to the new school and in doing so gives permission to discuss anything. This pretty much makes it possible so no one will hire this person. This is going back a while (probably about 20 years), and today the authorities would be notified.

I  a public school setting, you're dealing with government. I don't see how a city or town could make a closed door settlement and force the signing of a non-disclosure agreement to a party and keep it private. The public would have a right to know how much was paid in a settlement. The name of the party receiving the funds, most likely the victim's family, would be kept private,  but all the other information, including the teacher involved would be public. In Massachusetts it would fall under "Right to Know" laws. Also, in most states school officials being mandated reporters goes back thirty or forty years. That would have to be reported, and to add to all this, public school officials probably do not have the authority to enter into such agreements. That's not to say this has never happened, but in this day and age, I cannot imagine too many situations where a school administrator, superintendent, and local public officials would risk much of anything to protect a teacher.

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16 hours ago, Tim K said:

I know there are folks who believe that there are far more cases of sexual misconduct in drum corps than have been reported, and I tend to agree, but i’m not sure I think non-disclosure agreements are why people are not coming forward. As BigW points out, these are costly and most corps would not have that kind of money, and with very few exceptions, I don’t think there are too many folks the corps believe are important enough to protect with non-disclosure agreements. The only one I can think of who had a board who just rubber stamped his ideas is now gone. 

Thanks, Tim. As those who know me would affirm..... it would take enough money to shut me up to live very comfortably till I kick the bucket. Maserati Ghibli in the garage.... Hirsbrunner Stealth Euphonium in my new music room... etc.

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8 hours ago, E3D said:

Not sure what planet you are on ------ seems that a NDA should not cover for a pervs and pedophiles is appropriate for DCI considering the revelations about the candy slinging fool and 'others. 

I'm on this planet. And NDA isn't typically used in the case of schools or poor drum corps people - it's used by THE RICH

Edited by George Dixon
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9 hours ago, JimF-LowBari said:

Believe NDAs have been used in some schools to hide illegal actions between teachers/staff and students. That way the teacher leaves but no way for other schools to know about the problem. Would affect corps as if they run the standard checks nothing would show up.

example? We might be mixing up employee termination agreements with NDA

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42 minutes ago, George Dixon said:

example? We might be mixing up employee termination agreements with NDA

That’s why I said believe as don’t have an example top of my head. And can have NDA in a employee term agreement. They can cover a lot of things good and bad 

Edited by JimF-LowBari
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22 minutes ago, George Dixon said:

I'm on this planet. And NDA isn't typically used in the case of schools or poor drum corps people - it's used by THE RICH

Actually my uncle was under a verbal (not sure about written) version of a NDA before the name was used. College prof and finally got caught messing with one of the co-Ed’s (we suspected for years). Got called in and was told “you and the school have a great reputation and know we all want to keep it”. Sooo he signed retirement papers right then and told to shut up about it or any publicity the retirement stops. 

Edited by JimF-LowBari
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23 minutes ago, JimF-LowBari said:

Actually my uncle was under a verbal (not sure about written) version of a NDA before the name was used. College prof and finally got caught messing with one of the co-Ed’s (we suspected for years). Got called in and was told “you and the school have a great reputation and know we all want to keep it”. Sooo he signed retirement papers right then and told to shut up about it or any publicity the retirement stops. 

that's not an NDA

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1 minute ago, George Dixon said:

that's not an NDA

What do you consider a NDA then

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25 minutes ago, JimF-LowBari said:

That’s why I said believe as don’t have an example top of my head. And can have NDA in a employee term agreement. 

It can be. Just very rare. I completely get the concern here - but this NDA California thing has very little, if anything, to do with the situation in drum corps

Drum corps is it's own unique ball of wax - a solution won't be easy

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