Cadets and bankruptcy

[rjohn76]

1 hour ago, craiga said:

Apparently, the judge has warned them that any use of "Cadets", 1934, FHNSAB, Maroon & Gold etc, places them in the category of "Successor" organization, and jeopardy will be attached to them as well.  Don't forget, the plaintiff's attorney has already said he has several of the "Hopkins Women" lined up to represent once he concludes this case.  He is apparently known for suing railroads and it seems as though the "Cadets and its successors" are his next targets.

I'm not sure the ambulance chasing, truck crash attorney is going to be as eager/willing to pursue additional cases if they come to the realization that they're trying to squeeze blood from a turnip and ultimately losing money in the process.  That's not a reflection on the plaintiff or any other victims that might come forward in the future.  It's more a reflection of the method of operation for many law offices around the country.  They'll flock to cases that have the potential for big payouts, and scatter like roaches when the light comes on and they realize there's no big bucks to be had.

My interpretation of the court's ruling was that CA&E was determined to be liable as a successor because they entered into a charitable distribution agreement with YEA and subsequently received assets, management and other control of the "Garfield Cadets" from YEA.  They acted as the same organization, just under a different legal name.  There was too much of a connection to the past for them to be completely shielded from liability.

Edited April 4 by rjohn76

[Jeff Ream]

30 minutes ago, Marched4years said:

This is 100% accurate. There was no oversight from the board, not just when it came to show design, but for the organization as a whole. How is a woman supposed to feel safe reporting sexual misconduct when emotional abuse in broad daylight was accepted and met with ‘well that’s just GH’. I have zero faith that if it was brought to their direct attention, they would have done anything other than ignore and sweep under the rug. If a victim is told ‘I have to stop doing this, I’m already in trouble with the board’ I’m betting they were not willing to make changes. There was a lawsuit filed, that was later withdrawn because the victim didn’t want to hurt the corps. The board did nothing, which in turn allowed other women to be sexually assaulted. 
 

For the ‘it happened 40 years ago’ crowd, the culture that allows this to happen then still existed well in to 2009 (the last I had direct contact with the organization) and maybe beyond. 
 

Is it ‘fair’ to alumni, fans, future members etc, well no, but life isn’t fair. The years of improper management caused this outcome, not the victim seeking justice. You can’t expect to allow this type of abuse and poor management for this long and never pay a price.  This happens to be the price. It’s not the same for every group, but these are the cards the cadets were dealt. The victim is well within the law to pursue this type of justice, if you don’t understand why she would want this, be thankful that you or someone you love wasn’t hurt to the degree that they feel they need to pursue this path. 
 

It seems a lot of fans forget this is a youth activity with large power differences in unusual situations. The protection of the performers should be of utmost importance, even if that means it comes before performance objectives. 
 

 

the only thing i could see myself arguing was it happened at a non corps organized function. yes it was people tied to the corps, but it wasnt at a camp, on tour, an organized gathering or anything like that. there to me the line on the corps liability is a little fuzzy. Sure they should have dismissed the individual immediately, even in the days of 40 years where the best medicine was to look the  other way and tell somone to go elsewhere quietly, so maybe the corps could be digned some for not dismissing the perpetrator right away, but it isn't like the Spirit situation where it happened on tour.

But given the culture that lasted way too long...again, read the Glass Door reviews on YEA

[Marched4years]

58 minutes ago, Jeff Ream said:

the only thing i could see myself arguing was it happened at a non corps organized function. yes it was people tied to the corps, but it wasnt at a camp, on tour, an organized gathering or anything like that. there to me the line on the corps liability is a little fuzzy. Sure they should have dismissed the individual immediately, even in the days of 40 years where the best medicine was to look the  other way and tell somone to go elsewhere quietly, so maybe the corps could be digned some for not dismissing the perpetrator right away, but it isn't like the Spirit situation where it happened on tour.

But given the culture that lasted way too long...again, read the Glass Door reviews on YEA

I know - I worked there. The Glass Door reviews are legit. 
 

not sure how the law works regarding ‘not a corps function’. 
 

example: everyone from the office goes out to the bar after work for dinner and drinks. The ceo assaults you in the parking lot. Is it ‘not a work’ function?  I don’t know the line and I guess that’s for the courts to decide. 

[greg_orangecounty]

2 hours ago, Hook'emCavies said:

But I have to ask.... just why though? In my eyes Hopkin lived my dream. Why would someone do such a horrible thing and create such chaos? 

In my time on this planet I have noticed some of the most gifted and talented people are also the most......*messed up. Not all, obviously, but in disproportionate numbers.

*(I wanted to use a different phrase).  

[Icer]

12 hours ago, craiga said:

I'm sure your info here is accurate.  I am curious about one point, however. You mentioned that their BOD wasn't involved in or consulted regarding performance matters.  I wonder, shouldn't it be that way?

My knowledge extends really only to BAC.  Their BOD is made up of nearly 50 people, and AFAIK, their sole mission is generating financial support, not only for the corps but also Inspire's other entities like the high school music festivals and the programs for inner city youth.  Also, I have heard that GH had been very involved with the show production back in the day.   At BAC, my impression is the director steers the ship, but leaves production decisions to the caption heads.  Sounds like very different approaches.

My understanding of BAC (and please correct me if this is mistaken) is that the 50 or so board members are donation-based, and there is an executive team that does the work of the board. This is a model that many non-profits use, and it can be very successful. 
 

There were two incarnations of the Cadets-related organization. There was the original version, which was completely focused on the corps.  Then there was the larger version (YEA!), which included USBands and XCape. XCape was a small operation, but USBands was a huge undertaking. At one time it was the largest marching band circuit in the country (in terms of events - BOA was obviously a higher profile), and also included concert festivals as well. The money generated from US Bands helped fund The Cadets and XCape, lowering the dependency on donations. But it also meant that the board would naturally view each of the three as operating units, with USBands having the most impact financially. This was inconsistent with the fan base, which was pretty much only focused on the corps. 
 

As for the management of the Corps itself, like any other organization, it reflects the personality of the director. Some directors are delegators, others are micromanagers, and some are in between.

[Icer]

12 hours ago, Jeff Ream said:

i never said criminal. but the board allowed a culture where one person literally controlled everything. never called out on anything. if he said jump they asked how high.

The professional CEO does not direct the board in any organization that I know. The board exists to support the management and provide oversight. This is a model that exists with both for-profit (non-public) and non-profit. The more dominant the CEO, the less the board does. This is reality. There is another model, which is a board-managed organization, and a lot of small non-profits use this approach. 
 

So this idea that the CEO says jump and the board says how high is a misnomer. The CEO says what they want, presents a budget and an operational plan, and the board asks questions. At the end of the day, the board either supports the CEO or replaces them. Because the CEO of Yea! was also the corps director, the fan base, which was exclusively focused on the creative product, looked at him as the coach of a sports team. Team isn’t winning, replace the coach. But the organization was much larger, with 3 operating units, and the situation is not so simple.

[Geneva]

14 hours ago, Jeff Ream said:

if they werent lapdogs, they would have fired him immediately when the story broke 6 years ago, as opposed to the resignation approach that led to DCI taking a much harder stand than they wanted to.

 

and i actually know one of them, and he said they pretty much rubber stamped everything he presented.

Well, as the old saying goes…”absolute power corrupts absolutely”. Woe be to the institution that has such a leader. The cost, alone, of defending the institution’s depth of involvement is the end for most.

i enjoyed experiencing the Cadets’ competitive efforts in 2023 and feel sad that it is no longer available for its participants.

[jwillis35]

9 hours ago, Hook'emCavies said:

But I have to ask.... just why though? In my eyes Hopkin lived my dream. Why would someone do such a horrible thing and create such chaos? 

This is a good question. I didn't know him personally and heard all kinds of rumors about him, none of which I can backup.

To me he was a strange guy. I do not believe he was a business person with a degree in business or management. He seemed more philosophical especially when you would read some of his posts. It seems clear he was a perverted guy who couldn't stop himself from harassing, flirting, and molesting women. The one story that was told by a staff member for YEA who went to the DCI meetings with him (where she wanted to go on her own, stay in her own room, etc) and he forced her to stay in his room is disgusting. He basically rapes this young lady. This is the behavior of a narcissist who thinks the laws don't apply to him. He had no concern for other human life as long as they were doing what he wanted. He wanted to be seen as a God, a figure of high popularity and power. 

There were rumors that he had attended EST seminars (Erhard Seminars Training). I can't verify that and it's probably not true; but his actions and narcissism made you think it could have been true. "Various critics accused est of mind control or of forming an authoritarian army; some labeled it a cult." - Taken from the WIKI page on Est. 

At any rate the job he had could have been a fantastic job but he ruined it, abused his power, and made the gig more about him than the corps, the kids, etc. 

[Mello Dude]

8 hours ago, Marched4years said:

I know - I worked there. The Glass Door reviews are legit. 
 

not sure how the law works regarding ‘not a corps function’. 
 

example: everyone from the office goes out to the bar after work for dinner and drinks. The ceo assaults you in the parking lot. Is it ‘not a work’ function?  I don’t know the line and I guess that’s for the courts to decide. 

Civil courts are WAY different.  I hope no one here ever has to go through that hell.  Basically, in criminal courts you are innocent until proven guilty.  In civil you are guilty until you prove you are innocent.

 

[2000Cadet]

Well, this is what happens when you put your hands on people you're not supposed to. Though I'm extremely sad about this outcome, I'm more ANGRY at the adults who committed these crimes and put the corps in this position. The HATE I have in my heart toward those people is beyond any measurable order of magnitude. No amount of innovation, influence on the activity or World Championships excuses putting your hands or other body parts on CHILDREN or adults who do not consent. 

Let this be a lesson for STUPID adults who consider committing these types of crimes. I hope you're punished to the fullest extent of the law. 

This will probably be my last post on this site as I really see no more motivation to be here. I'm grateful for the way Cadets have changed my life, as well as the lifelong friends I've made from marching there. But the anger I have in my heart right now is taking over the excitement of participating in any type of drum corps discussion or watching drum corps again.