The Cadets are being sued by a former member for alleged sexual abuse in the 80s

[Slingerland]

4 hours ago, IllianaLancerContra said:

Well that explains why Cadets want mediation.   

It's the most sensible course. The complainant says the situation caused her significant long-lasting harm (and there's no reason to doubt that), but the current organization literally had nothing to do with managing or controlling her assailant forty years ago. Seeking to mediate the situation rather than going to court or arbitration (where the situation would necessarily become much more adversarial  - talk about your no-win situation) is the best option.

Edited November 8, 2023 by Slingerland

[Jeff Ream]

8 hours ago, Tim K said:

You’re probably reading it correctly and how lawyers on both sides handle things could make a big difference. One difference with the nursing home case is that under the old management it was nicknamed “Elderhell” because it was a pit. Under new management it has become a state of the art facility known for its rehab units and care for people with dementia. It is a very different facility. To argue previous management, Cadets might have trouble convincing a judge it’s an essentially different organization.

right. granted the issue happened when the director at the time is the guy who had to leave the position due to the same type of accusations and ended up in court pleading to a charge of i forget the type. so i could see why the corps tried to go that way. Thats why the corps became a new organization. however....and i have mentioned this sometimes as an issue with their show design....it's all about being a Cadet, 1934, maroon and gold etc. so i can see why the judge ruled that way too.

[Jeff Ream]

1 hour ago, cixelsyd said:

I am also confused at why this complaint keeps referring to YEA! as equally relevant and culpable "at all relevant times", when the relevant times are 1982-1983 and YEA! did not exist until 1988.

because the Cadets of 82-83 are what became YEA.

[Richard Lesher]

Well, well, well........................

The moment I posted about Cadets not being registered as a Charity with the PA Dept of State hell fire came down upon me from DCI and Cadets AE representatives. I had anticipated this from my SCV dealings that I only acted when I had in hand communication from the State itself confirming my claim. 

THEN!!!!!!!!! I get an email from Dan Acheson only MOMENTS from my submitted complaint to the DCI Ethics channel that Cadets are in the clear based on what they said, THEN I get an e-mail from the Cadets Media representative asking why I am spewing lies about Cadets. 

THEN!!!!!!!!!!!!!! indirect posts come up on DCP clearly trying to dilute anything negative about Cadets. 

WRONG GUY TO PUSH BACK THAT WAY!!!!!!!!!!!!!!!

Anyway, I dug around with state registry stuff, and found that none of the Hopkins conduct ended up in the disciplinary history of either YEA or Cadets AE. 

Soooooooooooooo............. I submitted a formal complaint and all the proof of Hopkins history to the state in an effort to ensure that conduct was tied to the previous and current Tax ID in the disciplinary history database of Charities. 

Now it turns out.............. all that is small potatoes

********************

The reason why Cadets A&E changes its Tax ID and business address so often is because they are running from their sexual abuse and assault conduct. That is the reason. Anything other reasons are lies, and attempts by enablers to allow an abusive organization to continue to exist. 

No other corps does this. Correct, Corps change names, even my beloved SCV changed to VMAPA, and BD is technically BD Entertainment, but neither of them changed Tax ID's nor moved addresses, nor LEFT THE STATE!!!!!!!!!!!

At this rate Cadets AE will have more Tax ID's than they do DCI championships. 

**********************

I've entered a period now where I don't know why I continue to care. When I was in banking I had a window seat to the collapse of the mortgage market. As a corporate financial analyst I could see my particular bank was collapsing. I thought it was ONLY my bank. Then a year later I realized, oh, IT IS EVERYONE!!!!!! The whole system collapsed. 

There is the SoA lawsuit, and it ties in DCI, now there is the Cadets lawsuit, Academy recently got rid of their CEO only a month after he was hired (BTW, his California Teaching credential was revoked for disciplinary reasons, and you can look it up yourself). Then going back, SCV director in the mid 90's who was fired ended up getting arrested and losing his Psychology license (investigator found porn on his work computer and work printer. I have the state legal judgement on that, it's an awesome read). Then my whole issue with SCV. 

I get it, it's like banging on the door of the Vatican and screaming your priests are raping kids. No one is going to listen. 

That's why all these examples I've mentioned above have taken the conversation OUTSIDE of the organizations. DCI is irrelevant, the boards of these corps are irrelevant, fans, and stake holders of these corps are irrelevant. 

The conversations now include Regulators, Law Enforcement, the Courts, and Lawyers. 

[IllianaLancerContra]

43 minutes ago, Slingerland said:

It's the most sensible course. The complainant says the situation caused her significant long-lasting harm (and there's no reason to doubt that), but the current organization literally had nothing to do with managing or controlling her assailant forty years ago. Seeking to mediate the situation rather than going to court or arbitration (where the situation would necessarily become much more adversarial  - talk about your no-win situation) is the best option.

I’m sure there is strategizing going on on both sides.  
 

If plaintiff (& her counsel) feel Cadets are making low offer then they may want to go to arbitration.   On other hand, if Cadets (& their counsel) think plaintiff wants too much $ (court docs say her legal fees are also part of her desired damages) then Cadets may want to go to arbitration.  

Both sides are retaining respective counsel to guide them to their best possible outcome.  

And as this is quite far along in the process, legal fees will be considerable (and are still rising).  For Cadets, this is how ‘the process is the punishment’.  Other Corps plus HQ DCI - pay attention. 

[IllianaLancerContra]

49 minutes ago, Jeff Ream said:

right. granted the issue happened when the director at the time is the guy who had to leave the position due to the same type of accusations and ended up in court pleading to a charge of i forget the type. so i could see why the corps tried to go that way. Thats why the corps became a new organization. however....and i have mentioned this sometimes as an issue with their show design....it's all about being a Cadet, 1934, maroon and gold etc. so i can see why the judge ruled that way too.

Seems that they have a 89 year history or they don’t. And if they don’t, then by extension the current Cadets have no DCI championships because they were all won by the pre-2018 organization.  

[Richard Lesher]

2 minutes ago, IllianaLancerContra said:

Other Corps plus HQ DCI - pay attention. 

Folks need to think ahead a few chess moves. Cadets are actually very lucky (so far). 

Somewhere, someone is going to step up that is still inside the window of criminal statue of limitations in regard to actions against a minor. Right now, only money and the existence of the organization is on the chopping block.  

Criminal cases do not have mediators or arbitrators. 

 

[scheherazadesghost]

1 hour ago, Slingerland said:

It's the most sensible course. The complainant says the situation caused her significant long-lasting harm (and there's no reason to doubt that), but the current organization literally had nothing to do with managing or controlling her assailant forty years ago. Seeking to mediate the situation rather than going to court or arbitration (where the situation would necessarily become much more adversarial  - talk about your no-win situation) is the best option.

Content warning: inclusion of mentions of passive sexual abuse of a minor below

Aren't the court documents indicating though, in response to the request for mediation, that "the case has been selected for mandatory, non-binding arbitration. The arbitration hearing is scheduled for December 20, 2023 at 9am" ? So motion to go with mediation denied?

CA&E were also stating that arbitration is inappropriate because the discovery period would be too voluminous and because passive sexual abuse did not continue as it did under their predecessor. Or am I reading this incorrectly:

"As an initial matter, arbitration would be inappropriate for this matter given the sensitive and complex nature of the claims, which requires an exchange of voluminous discovery and the proffering of intimate fact testimony. CA&E for passive sexual abuse pursuant to the NJ Child Sex Abuse Act, NJSA 2A:61B-1, also involves issues of successor liability as the entity in which Plaintiff claims is response for the abuse is defunct."

This is all in the "Removal from Arbitration" document provided in OP's first post.

Edited November 8, 2023 by scheherazadesghost

[IllianaLancerContra]

1 minute ago, Richard Lesher said:

Folks need to think ahead a few chess moves. Cadets are actually very lucky (so far). 

Somewhere, someone is going to step up that is still inside the window of criminal statue of limitations in regard to actions against a minor. Right now, only money and the existence of the organization is on the chopping block.  

Criminal cases do not have mediators or arbitrators. 

 

Agree.  One difficulty will be jurisdictional- crime (SA) is investigated & prosecuted in jurisdiction where it happened.  So it will need to be reported immediately and investigated while witnesses and evidence are still available.  With the traveling roadshow that is tour this could be problematic.   But, if this type of stuff keeps happening it is just a matter of time.  

[HockeyDad]

Careful everyone, lest we all be accused of “cheering for the demise of the activity.”  I know none of you is doing that. But I have a hunch it’s coming. It’s pretty much the only arrow remaining in the quiver at this point.