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

[IllianaLancerContra]

1 minute ago, HockeyDad said:

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. 

Those who have been to Indiana State Fair during finals week - do they have a House of Mirrors?   If so, we need to arrange field trip next August for DCI BoD plus Corps Directors & put them inside.  That way they can see who is to blame. 

[IllianaLancerContra]

14 minutes ago, scheherazadesghost said:

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.

From what I understand, non-binding arbitration means that both sides can accept the arbitration decision; if one or both reject then it goes to trial. 

[scheherazadesghost]

5 minutes ago, IllianaLancerContra said:

From what I understand, non-binding arbitration means that both sides can accept the arbitration decision; if one or both reject then it goes to trial. 

Got it, thank you. But the documents indicate that mediation is of the table entirely at this point, right?

[IllianaLancerContra]

4 minutes ago, scheherazadesghost said:

Got it, thank you. But the documents indicate that mediation is of the table entirely at this point, right?

That is how I read it, but I am not a lawyer; I only play a lawyer on television 

[scheherazadesghost]

9 minutes ago, IllianaLancerContra said:

That is how I read it, but I am not a lawyer; I only play a lawyer on television 

There are too many good Liar Liar gifs out there ready for me to paste in response. I'll leave it to the imagination.

Anyway, I ask because, as a victim/survivor of a different kind of abuse in drum corps from a different corps, I selfishly want the discovery and testimonial phases of both Cadets and SoA trials to be as long and detailed as victims/survivors can safely tolerate. The activity as a whole still pushes back too much on standardized necessary measures to keep young people safe, and whitewashing our history is just one small part of that.

The details should be entered into the public record, and shouted out loudly (within the parameters of keeping victim/survivors safe.)

Otherwise, these orgs are building their safeguarding policies and protocols on foundations of sand. And more members will continue to be put in harm's way, all the while the updated policies and protocols are projecting a false sense of security.

[MusicManNY]

Here is a link to a statement made today by the CAE Board concerning this issue: https://cadets.org/statement-regarding-ongoing-litigation

[greg_orangecounty]

6 hours ago, IllianaLancerContra said:

Well that explains why Cadets want mediation.   

Mediation is a less expensive process and it's done on the belief that two parties can come to a mutual agreement.  Arbitration is a more expensive process and less desirable especially if you have a weak case.  

[2muchcoffeeman]

"Until this lawsuit is resolved, CAE cannot further comment on it or CAE’s financial challenges."

Appears to directly link the current financial state of affairs, and by extension the cancellation of a 2024 tour, to the lawsuit.

Which, as others have noted, puts the org's stated reasons for cancelling 2024 into a new and less forgiving light.

 

[Jeff Ream]

1 hour ago, IllianaLancerContra said:

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.  

And the name changes, location changes….and apparently tax ID changes

[supersop]

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Edited November 8, 2023 by supersop