SoA/DCI Lawsuit Update

[scheherazadesghost]

1 hour ago, IllianaLancerContra said:

I agree with you on the toll abuse takes on victims.  

No doubt. And I apologize if my comment led you to believe otherwise. You've been an ardent supporter of our cause likely longer than I know.

1 hour ago, IllianaLancerContra said:

My (attempted) point was that DCI/SoA are racking up the legal bills.   Cadets folded because of their legal bills.  How much more hemorrhaging money to law firms can the activity afford?   And to allow incidents to happen in 2021, 4 seasons after the Hopacalypse, and after DCI started to concern itself with member safety?  Put 50+ teenagers-21 yr olds on a bus with no adult supervision and assume nothing could happen?  What in Gods Green Earth were they thinking?   If it costs them beaucoup $, well maybe that is what it will take to get everyone’s attention.  

Thank you for taking the time to elaborate.

I've worried, since my return to the activity, that the bad/lax behaviors are too far entrenched. My interactions with leadership across the activity certainly make it seem that way. Their constant resistance to proven strategies for improvement in safeguarding also make it seem that way. To say nothing of my own alumni reaction that I'm told is echoed by other survivors' experiences.

This isn't to negate what improvements have been made, but uh, clearly, as I've been saying, it could be too little too late. I genuinely hope that isn't the case.

[IllianaLancerContra]

55 minutes ago, scheherazadesghost said:

No doubt. And I apologize if my comment led you to believe otherwise. You've been an ardent supporter of our cause likely longer than I know.

Thank you for taking the time to elaborate.

I've worried, since my return to the activity, that the bad/lax behaviors are too far entrenched. My interactions with leadership across the activity certainly make it seem that way. Their constant resistance to proven strategies for improvement in safeguarding also make it seem that way. To say nothing of my own alumni reaction that I'm told is echoed by other survivors' experiences.

This isn't to negate what improvements have been made, but uh, clearly, as I've been saying, it could be too little too late. I genuinely hope that isn't the case.

Thanks for the kind words.  
 

I guess it will end up being loss of money (whether to victims, lawyers, insurance firms in some combination) that will drive change.  There is a saying, attributed to Eisenhower, ‘If you grab them by the b*lls, their hearts and minds will follow’.  The loss of $ is the grab…

[scheherazadesghost]

9 minutes ago, IllianaLancerContra said:

Thanks for the kind words.  
 

I guess it will end up being loss of money (whether to victims, lawyers, insurance firms in some combination) that will drive change.  There is a saying, attributed to Eisenhower, ‘If you grab them by the b*lls, their hearts and minds will follow’.  The loss of $ is the grab…

And may it be forever, firmly noted that compassion for the victim-survivors within an "educational activity" wasn't enough. The hypocrisy. This is the sentiment I certainly feel, but was also first passed on to me by a survivor of one of the worst reports I know, confirmed by multiple people. A friend that I care deeply about; and who remains affected to this day. They were under 21 at the time of their experience.

Their sentiment is echoed across many of the others I've spoken to.

[cixelsyd]

11 hours ago, Jeff Ream said:

because without a victim coming forward, no one wants to get sued. and if rumors are true, NDA's made sure victims won't come forward

Wait.  Are you saying that (if rumor = truth) NDAs were executed by a drum corps organization?  That money was spent by a drum corps non-profit for that purpose?

Edited May 6, 2024 by cixelsyd

[scheherazadesghost]

1 hour ago, cixelsyd said:

Wait.  Are you saying that (if rumor = truth) NDAs were executed by a drum corps organization?  That money was spent by a drum corps non-profit for that purpose?

And if so, am wondering if it is in the same vein referred to in the Hales/SOA case file "Hales - Answer for Spirit" stating:

"Plaintiff previously executed a fully binding and complete release of all claims against Spirit as regards all of the purported factual allegations and causes of action she now asserts in this matter. Accordingly, Spirit specifically raises the defenses of failure to state a claim upon which relief may be granted as well as accord and satisfaction."

 

[FormerXyloWhiz]

1 hour ago, scheherazadesghost said:

And if so, am wondering if it is in the same vein referred to in the Hales/SOA case file "Hales - Answer for Spirit" stating:

"Plaintiff previously executed a fully binding and complete release of all claims against Spirit as regards all of the purported factual allegations and causes of action she now asserts in this matter. Accordingly, Spirit specifically raises the defenses of failure to state a claim upon which relief may be granted as well as accord and satisfaction."

 

MEGA speculation on my part here:  I'm wondering if they are referring to member contracts.  My bet is that those contracts generally hold harmless for liability should something happen.  Don't know, haven't read one.

[JohnZ]

unnecessary comments removed.

As always, as long as the thread remains civil and follows the community guidelines, the thread will continue to be supported - this conversation is definitely important.

 

[JimF-LowBari]

6 hours ago, FormerXyloWhiz said:

If insurance pays out, their rates will definitely rise in the future.  As to whether they have coverage for the incident, that's going to depend on the literal policy language, can only speculate there.

Another expense for corps going up. But some will say “it’s a small percentage” and ignore it adds to total cost.

Which raises the thought of how insurance companies determine the cost of liability insurance. Thinking they check the corps policies and procedures. And if they find out a corps isn’t following them… won’t be surprised that someone announces they won’t field because they can’t find or afford insurance 

Edited May 6, 2024 by JimF-LowBari

[scheherazadesghost]

2 hours ago, FormerXyloWhiz said:

MEGA speculation on my part here:  I'm wondering if they are referring to member contracts.  My bet is that those contracts generally hold harmless for liability should something happen.  Don't know, haven't read one.

Within this realm of speculation, can you please kindly ELI5 how such a contract might include 1. being held harmless for illegal acts vs 2. being held harmless for non-ethical acts such as verbal harassment or sexual acts between adults 18+ within, say a staff-to-member power differential, which are still nonetheless not illegal? In the case of Hales-SOA/DCI, I think we're squarely in #1 as she was a minor, known or not.

I haven't read one since I signed one but it does make me wonder if mine is still on file somewhere, how long corps keep such documents, and if they have been digitized for safe keeping.

[Richard Lesher]

2 hours ago, scheherazadesghost said:

I haven't read one since I signed one but it does make me wonder if mine is still on file somewhere, how long corps keep such documents, and if they have been digitized for safe keeping.

When I was on the board, how we kept things safe digitally like Social Security numbers and such was to keep them on a flash drive and then put that physically in a safe (where the bingo deposits would go before the bank, so yes, a legit safe). This was mostly for bingo volunteer documentation (payroll was outsourced), but it was our little way of defeating cyber thefts and so long as that flash drive was never inserted into a computer with internet hardware then we were golden.