DCI and SOA being sued?

[IllianaLancerContra]

25 minutes ago, Jeff Ream said:

I know several people reached out to Naldony every time a new issue came out, but I guess this isn’t her wheelhouse since she went to USA Today.

 

on the other hand if I were an attorney I’d encourage my client to be less public. 

Absolutely on your second point.  Things get twisted out of context, or at least brought up when witness is on stand or being deposed, if for no other reason than to confuse the jury.  
 

If this actually goes to trial it will be a absolute cluster f*ck for SoA & especially DCI.  Can you imagine Dan A. (& potentially Don P.) on witness stand (or in deposition) being grilled on what happened behind scenes in hopacolypse and who knows what else?

That said, it doesn’t have to be just about money.   A settlement may (I suggest should) require DCI to open its Secret Archives and remove predators from the activity, or at least suspend credibility accused individuals from interacting with members until an investigation is complete.  
 

[IllianaLancerContra]

6 minutes ago, cixelsyd said:

In case clarification is needed:

1.  The only people I engage with regarding "burn to the ground" are people who use those words.

2.  I do not believe any rational person thinks "burn to the ground" is the preferred solution (or even a solution).  It is something people say when so frustrated that they think there is no solution.

3.  In all the eventful years of such topics in this activity, I do not recall EVER hearing a survivor use those words.  

I agree.  Survivors don’t use that term.  But some online (not you) are accusing survivors who report abuse of wanting to destroy the activity.  They are the ones who are victim-blaming.   

[Terri Schehr]

51 minutes ago, IllianaLancerContra said:

I agree.  Survivors don’t use that term.  But some online (not you) are accusing survivors who report abuse of wanting to destroy the activity.  They are the ones who are victim-blaming.   

I swore I would never post here again but I have to say something.  Jesus H Christ,  who would go through this scrutiny and revisit the trauma only to burn it down, although that may be what it takes. They want to institute real change and protect the present and future members of drum corps from abuse.  That’s why people go through this fresh hell of picking off the scab.

I'm done. 

[HockeyDad]

11 hours ago, cixelsyd said:

I would agree, if you convinced me that the alternative (15-21 year olds left without constructive activity, supervision or guidance for 11 weeks while school is out for summer) is better.

They could (*shudder*) get a summer job. 😏

[scheherazadesghost]

3 hours ago, keystone3ply said:

Those are the questions I have for both the DCI & SOA organizations. I'm sure they have liability protection through their insurance companies for these type of issues. I'm sure this will be litigated according to the state laws of Georgia & will probably lead to a settlement with their insurance provider.

But what about the DCI component which is based in Indiana? It seems like there would need to be a filing in the State of Indiana?

As public educators, we have, or should have, liability protection through our school system as well as personal protection provided via our professional educators association.  (I know some states are different with some educators purchasing their own liability protection.) 

Another question: some events accorded in the state of Alabama & possibly other states. I'm sure they have secured a competent law firm, but it could get really complicated.  

Was researching due diligence as it relates to youth safeguarding in sports (ya know, as you do) and found this:

https://www.sadlersports.com/new-safe-sport-act-applies-amateur-sports-organizations/

Specifically: "The reach of the federal act is limited to organizations that are engaged in interstate or international commerce or activities. Interstate competition refers to sports organizations that travel across state lines to compete. But even those that do not travel across state lines are indirectly impacted by the act because it sets a new standard of care that will likely apply to all organizations. Most states will also move to pass state-specific legislation that directly applies to sports organizations that do not cross state lines."

So, I'm not a lawyer, but minimally this is saying that the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 is the federal law that could be applied to DCI and corps as non-NGB sports organizations, right?

Article also goes into detail explaining what is required of non-NGBs.

Honestly, with the verbal gymnastics around nonprofit drum corps mission statements, I'm not even sure that they qualify as non-NGB sports orgs... however, their reliance on SafeSport would indirectly indicate that they are, right?

Edit to add: upon re-re-re-reading, I'm pretty sure the law specifies that amateur sports that regularly involve minors are under its jurisdiction. I think this means more wiggle room for corps technically, but the law should be considered best practice for youth activities whether all members are under 18 or not. There are such strict power differentials in drum corps that members should be regarded as minor when it comes to safeguarding, AND there are enough minors involved in drum corps obviously, that this should be best practice for CYA minimally... and for simple moral and ethical reasons.

Edited October 10, 2023 by scheherazadesghost

[keystone3ply]

1 hour ago, scheherazadesghost said:

Was researching due diligence as it relates to youth safeguarding in sports (ya know, as you do) and found this:

https://www.sadlersports.com/new-safe-sport-act-applies-amateur-sports-organizations/

Specifically: "The reach of the federal act is limited to organizations that are engaged in interstate or international commerce or activities. Interstate competition refers to sports organizations that travel across state lines to compete. But even those that do not travel across state lines are indirectly impacted by the act because it sets a new standard of care that will likely apply to all organizations. Most states will also move to pass state-specific legislation that directly applies to sports organizations that do not cross state lines."

So, I'm not a lawyer, but minimally this is saying that the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 is the federal law that could be applied to DCI and corps as non-NGB sports organizations, right?

Article also goes into detail explaining what is required of non-NGBs.

Honestly, with the verbal gymnastics around nonprofit drum corps mission statements, I'm not even sure that they qualify as non-NGB sports orgs... however, their reliance on SafeSport would indirectly indicate that they are, right?

Edit to add: upon re-re-re-reading, I'm pretty sure the law specifies that amateur sports that regularly involve minors are under its jurisdiction. I think this means more wiggle room for corps technically, but the law should be considered best practice for youth activities whether all members are under 18 or not. There are such strict power differentials in drum corps that members should be regarded as minor when it comes to safeguarding, AND there are enough minors involved in drum corps obviously, that this should be best practice for CYA minimally... and for simple moral and ethical reasons.

Reminds me of the status of citizenship for a child born on an international flight.  I guess it can get pretty complicated.  I would assume they use the established laws of the country of location at birth?  But then sometimes I think too much... 🤷‍♂️   

Edited October 10, 2023 by keystone3ply
cx

[scheherazadesghost]

38 minutes ago, keystone3ply said:

Reminds me of the status of citizenship for a child born on an international flight.  I guess it can get pretty complicated.  I would assume they use the established laws of the country of location at birth?  But then sometimes I think too much... 🤷‍♂️   

Unlike birthright citizenship situations though, it seems this webpage and other experts have already laid out what is best practice, setting aside "liabilities" for a moment to uplift what's actually best for young people's safety. The 2017 law also established what that is. Drum corps have just taken their time implementing it for... reasons.

...to disastrous effects, including the case referred to here, as well as others disclosed both publicly and privately to me.

[scheherazadesghost]

11 hours ago, IllianaLancerContra said:

Second - those who say the abused members who report, post, sue Corps and/or DCI want to ‘burn it to the ground’ are victim blaming.  

 

9 hours ago, Terri Schehr said:

I swore I would never post here again but I have to say something.  Jesus H Christ,  who would go through this scrutiny and revisit the trauma only to burn it down, although that may be what it takes. They want to institute real change and protect the present and future members of drum corps from abuse.  That’s why people go through this fresh hell of picking off the scab.

These two comments are incredibly powerful and can't be amped enough in this space.

[Jeff Ream]

7 hours ago, scheherazadesghost said:

Unlike birthright citizenship situations though, it seems this webpage and other experts have already laid out what is best practice, setting aside "liabilities" for a moment to uplift what's actually best for young people's safety. The 2017 law also established what that is. Drum corps have just taken their time implementing it for... reasons.

...to disastrous effects, including the case referred to here, as well as others disclosed both publicly and privately to me.

drum corps only reacts when they absolutely have to. one would think after the craziness of 2018 first in April then during the summer and after finals, DCI the board, ceo and corps would finally realize they need to stop ####### around

[IllianaLancerContra]

1 hour ago, Jeff Ream said:

drum corps only reacts when they absolutely have to. one would think after the craziness of 2018 first in April then during the summer and after finals, DCI the board, ceo and corps would finally realize they need to stop ####### around

And it will be interesting (understatement) to read deposition/testimony of DCI BoD, ED, etc on what happened behind scenes in 2018.  Not to mention trying to explain why they didn’t put in place an effective system to prevent it EVER happening again.