DCI and SOA being sued?

[Jeff Ream]

1 hour ago, Weaklefthand4ever said:

And only as good as the teeth that back up it's bark. A rule with no consequences is an annoyance, not a rule. Corps like their control and to clean their own house. DCI could govern but really only does (at least outwardly...and we have to admit that we may not know everything that happens behind the scenes,) when they absolutely have to. @Jeff Ream was spot on there. But that leaves a vacuum. A corps won't bite itself and DCI won't bite them. So where is the incentive to proactively handle issues before they become actual member safety impacting?

the incentive is staring them in the face....a lawsuit

[scheherazadesghost]

1 hour ago, IllianaLancerContra said:

SafeSport seems to be all bark & no bite.  
What is needed is something like an Inspector General who is adequately resourced and can inflict real pain on perpetrators and the organizations that enable them.  

As far as I can tell from the distant periphery, the partnership at this time only includes the training system. DCI is what I referred to a few posts back (albeit lengthy ones) called non-NGBs or "non  national governmental bodies" meaning they aren't under the jurisdiction of the Center for Safe Sport like USA Gymnastics, et al. There was never meant to be any teeth in this partnership AFAIK. I'm making a wild guess that they are still in this initial partnership, and that maybe it will eventually become an NGB. I'm sure the new DCI CEO knows more.

(Edit to add: I welcome clarification to the above from those more in the know, 'cause I'm just hypothesizing here. Again, transparency would make world of difference here. Outsiders could be more helpful here instead of getting caught up in guesswork.)

Even becoming an NGB doesn't always guarantee the utmost safety but I'd still say it's a step in the right direction. The Center for Safe Sport has its own documented and newsworthy issues that DCPers have pointed out here in the past.

I've tried to bring my concerns about Safe Sport to the attention of DCI directly and assertively. The main response at the time was, when you have evidence or testimony of retaliation, please come back to us. I had similar reactions from VMAPA. Do you know how difficult it is to gather hard evidence of such things? Despite the fact that I and others have unequivocally experienced it in reaction to our whistleblowing and advocacy work?

Edited October 11, 2023 by scheherazadesghost
grammar - clarified non-NGB to mean non NATIONAL governing bodies

[IllianaLancerContra]

30 minutes ago, Jeff Ream said:

the incentive is staring them in the face....a lawsuit

One thing that hasn’t been mentioned is that there is already a financial hit on DCI & SoA.  There is a saying that ‘the process is the punishment’.    Lawyers like to be paid.  Legal bills will easily hit 6-figures.   If it goes to trial, or even lengthy depositions & discovery 7-figures. 
 

When will The 990s for CY2023 be available?   Will be interesting to see how much they paid in legal fees.   Also, would settlement $ be something visible on a 990?  

Edited October 11, 2023 by IllianaLancerContra
Further pontificating

[JimF-LowBari]

1 hour ago, IllianaLancerContra said:

SafeSport seems to be all bark & no bite.  
What is needed is something like an Inspector General who is adequately resourced and can inflict real pain on perpetrators and the organizations that enable them.  

I’m questioning the working relationship between DCI and SafeSport plus SafeSports actual duties. 
Does anyone know what is supposed to happen after SafeSport receives a complaint? Who does any investigation? Who is responsible for any penalties? 

[HockeyDad]

Well, here we are. I’m a bit of a simpleton and can only understand things by trying to boil them down into short summaries. Here’s when I am after reading though the thread:

Safesport is toothless

DCI will take no action unless backed up against the wall

The individual corps, who “are DCI”, don’t have the resources and/or training and/or sufficient concern to police themselves effectively to prevent sexual assault. 

As a practicing Catholic this has an all too familiar ring and it makes my stomach hurt. Burn it all down?  Yes, if that’s what it takes to stop this. And blame it on me, not the OP. The Order who ran my and several other parishes went bankrupt and no longer exists because the “fathers” and “brothers” couldn’t keep things zipped. And they are gone. Good riddance. That’s what it took to move on. Is that what it will take with DCI?  If so, so be it!

[JimF-LowBari]

1 hour ago, Jeff Ream said:

the incentive is staring them in the face....a lawsuit

#### DCI has had that incentive staring them in the face for years. Guess what is needed is a lawsuit to happen… and that can get expensive as hades even if it doesn’t go to court

[Weaklefthand4ever]

1 hour ago, IllianaLancerContra said:

SafeSport seems to be all bark & no bite.  
What is needed is something like an Inspector General who is adequately resourced and can inflict real pain on perpetrators and the organizations that enable them.  

And I think that's the key. It has to be independent. In the corporate world, it's easy. There are agency's on the outside for employment review and everything else under the sun in wvery state. In this world (marching arts) maybe it isn't as simple. I simply don't know.

[DAL-27]

1 hour ago, IllianaLancerContra said:

One thing that hasn’t been mentioned is that there is already a financial hit on DCI & SoA.  There is a saying that ‘the process is the punishment’.    Lawyers like to be paid.  Legal bills will easily hit 6-figures.   If it goes to trial, or even lengthy depositions & discovery 7-figures. 
 

When will The 990s for CY2023 be available?   Will be interesting to see how much they paid in legal fees.   Also, would settlement $ be something visible on a 990?  

It's likely that this lawsuit will be covered under the organizations insurance.  It's required in some cases for a facility to allow a corps to use them.  Remember Sandusky a few years back?   That drove the requirement by some facilities. As a result there was an  increase in insurance costs for the corps to carry that form of insurance.

I agree with you about the legal bills but it's the insurance companies that'll foot them for SOA/DCI and I don't know for the plaintiff.  So with that said, it's unlikely you'll see anything on the 990s.  Insurance premiums are probably considered a program cost.

Per the IRS

Form 990, 990-EZ, or 990-PF must be filed by the 15th day of the 5th month after the end of your organization's accounting period. Thus, for a calendar year taxpayer, Form 990, 990-EZ, or 990-PF is due May 15 of the following year

You can also file a 6 month extension.  I don't know what each groups fiscal year is.  Some end Sept.  I believe I saw SCV ends October, some may be on a Calendar year basis.  So it'll likely take up to a year or so before you see 2023 990s.  It looks like SOA's fiscal year ends in August so the financial impact of this would show up on their fiscal year 2024 financials since the suit was just filed and therefore wouldn't see anything on a form 990 for a year at the earliest, probably two years.  In other words you'd need to wait until sometime in 2025.

[Jeff Ream]

1 hour ago, JimF-LowBari said:

#### DCI has had that incentive staring them in the face for years. Guess what is needed is a lawsuit to happen… and that can get expensive as hades even if it doesn’t go to court

right. see with Cadets, anything legal was aimed at one person, not DCI. no legal action towards Pio, so DCi as a collective had no worries.

[scheherazadesghost]

2 hours ago, JimF-LowBari said:

I’m questioning the working relationship between DCI and SafeSport plus SafeSports actual duties. 
Does anyone know what is supposed to happen after SafeSport receives a complaint? Who does any investigation? Who is responsible for any penalties? 

I'm pretty sure that as a non-NGB, DCI and corps don't report to the US Center for SafeSport. When I reached out to the Center about my concerns (one of many entities I did this with), this is what I was told. They could only ambiguously advise me, and nothing more. SafeSport doesn't receive complaints from the drum corps world. There is no SafeSport investigation. No one outside of DCI is responsible for these things or any potential for penalties.

I welcome correction or clarification, but this is based on my experiences with them. The partnership, in its current state, was not designed to do anything but provide the training platform. Which again, I've attempted to point out to them is not only insufficient when weighed against the need, but that some members anonymously report actively making fun of it for its inefficacy during the season. I've told DCI this directly.

Edited October 11, 2023 by scheherazadesghost
typo