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About sidwich

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  1. Peter Martins Sexual Harassment Allegations

    We're not discussing Martins' career as a whole, although that would probably be a very interesting separate thread. The question at hand was whether he should continue to do his job, and from my perspective (and I'm sure anyone else who has ever been in a position of hiring and/or firing anybody), "ugly incidents" no matter how brief can be huge issues, especially in a position as high profile as Mr. Martins'.
  2. Peter Martins Sexual Harassment Allegations

    What do you consider evidence?
  3. Peter Martins Sexual Harassment Allegations

    I don't think the relationships Heather Watts or Darci Kistler in and of themselves are issues, but I do think they are relevant in the larger conversation considering his position at SAB. And yes, most schools would frown on the situation and the teacher would discreetly be asked to leave although perhaps not in Alabama. Perhaps pre-professional ballet schools fall into the same camp.
  4. Peter Martins Sexual Harassment Allegations

    I agree. I don’t think the DUIs should have anything to do with it. While it’s true that most people go through life without even one alcohol-related run in with the law, much less three, it’s also true that his have taken place nineteen years and six years apart from each other, and that this last occurred at a time of undoubtedly great stress. To me, that doesn’t signal that he has a problem that’s out of control. Even if it did, if alcoholism is a disease, he shouldn’t be fired for manifesting that disease off the job. The abuse is another issue obviously, but I feel for the younger dancers who see him as a father figure and haven't seen him act badly (possibly because he'd reformed). Thirded. Although as mentioned earlier, this most recent DUI probably ended any chance Martins had of returning to the company, relevant or not. (Also, comparisons of Martins to Roy Moore are absurd. The most damaging charge against Moore was that of Leigh Corfman, who was 14 years old at the time she claims that Moore approached her, initially with her mother, and then later alone, and then took her to an isolated place near his home to grope her.) In my experience, many schools in many parts of the country (although perhaps not Alabama) would consider it highly relevant if it was discovered that a teacher or administrator was dating a 16 year old even in cases where said 16 year old was not a student or a student of the school. I realize that in the ballet world, many 16 year olds are working professionals but they are still legal minors. Actually, I think that it's much more relevant in the Martins case than in the Roy Moore case (minus the whole Leigh Corfman/molestation issue), since he was actually directly teaching and coaching minors. (Again, liability issues for the school, and the prospect of a parent or child later saying, "You knew said Teacher has had relationships with 16 year-olds. We entrusted our child to you, and have now found out that Teacher has been engaging in sexual relations with our child. Lawsuit.") More generally, I find the parent supervision/care issue irrelevant, though. Children have legal protection regardless of their parents, and quite frankly what parents may consider good for their children can be ... well, parents have different ideas of what is best. For many parents, especially old school parents from the Old World, the idea of marrying their daughter off to a successful, well-connected man is one of the greatest prizes possible. Whether he abuses or cheats on her or not is often not much of an issue.
  5. Gomes and ABT

    I really doubt Cahill is one ABT's speed dial. Cahill's bread and butter is securities, anti-trust and corporate litigation and they're also known for their first amendment work, hardly the practices that a performing arts organization would need, and definitely not at the billing rates that a non-profit can afford regularly. I took a look at an old program and Cahill is not the firm listed as their labor & employment counsel. It may have changed more recently, but it certainly looks like ABT went out of their way to make sure that whatever the allegation may have been was investigated by a team with an impeccable reputation. I'd also say, I don't think that even Cahill can move THAT fast in 36 hours. Even with a first-class firm like Cahill, you would have to get the partners together to staff the associates and then give them marching orders, all while juggling other client loads. Cahill probably had barely started the investigation in any meaningful way before Gomes resigned. I totally concur with this statement. Gomes has been the workhorse of the ABT principal men and a fan favorite. ABT would not have considered going down this path lightly. I'm not sure people even have to be close, so as to feel a great connection in some way. There are still plenty of Penn State alums who will defend Joe Paterno, seemingly to the death. My high school went through something like this recently. I guess you could have termed much of what happened "sexual misconduct," both serious and high-profile enough to make national news. The teacher question ended up in prison, and the long-time, very beloved head of school was forced to resign. It was highly controversial at the time, and I still struggle with the cognitive dissonance at work, that someone I knew, liked and personally admired had so clearly misjudged and mishandled a genuinely tragic situation.
  6. Gomes and ABT

    The term "sexual misconduct" can also be applied in cases when the victim is unable to consent.
  7. Peter Martins Sexual Harassment Allegations

    The O.J. Simpson case was complicated for many reasons, but legally, the fact that Simpson physically abused Nicole Brown Simpson really doesn't have any bearing on the question of whether he killed her. (As an aside, a lot of criminal defense attorneys feel that as a case, it was going to be very difficult to win given the circumstantial nature, the forensic technology available at the time, and the public's understanding of DNA evidence. Marcia Clarke also made some profound jury selection mistakes, misunderstanding the racial dynamics at play.) But unlike Simpson, Peter Martins is not in any way under criminal investigation. Personally, the way I look at it, this is really a question of whether he can go forward and carry out this duties effectively. Will he really be able to go out and raise the funds that NYCB/SAB needs? Does the Board really want him to be the face going out and asking potential donors to write checks? What about maintaining relationships with high-profile creatives? How many of them are going to want to have photos standing next to him at galas? And then of course is the obvious question, what's the liability NYCB/SAB and the Board would face if ANYTHING happened to a minor at SAB that even might hint at abuse at Martins' hands? There's just no way that the Board could say they don't know the potential danger on a going forward basis.
  8. Peter Martins Sexual Harassment Allegations

    As general matter, I agree that dancers could probably benefit from media and social media training, but I think the time is past now. If I were NYCB/SAB, I would be very wary of doing anything that could be perceived as silencing or suppressing anyone's story or telling them what to say for 2 reasons: 1) I don't want anything out there that could be considered evidence that NYCB/SAB was silencing/suppressing abuse and may have a history of it, and 2) God forbid there is someone out there who may have a legitimate case that they were abused and, even worse, can prove it. It doesn't take a whole lot to get them emotional and angry and ready to file suit, and something that can be interpreted as "Please don't talk about it," can certainly get a, "Oh, yeah? Wait till EVERYONE hears what I have to say!!!" response. While I personally wouldn't have advised Kathryn Morgan to put out that video, I don't think the Lakers situation is really comparable. The Lakers as a team and Bryant's teammates really didn't have anything to do with that case. There wasn't a question that the Lakers might have been hiding something, or that teammates were involved/victims. Certainly each of the Lakers has a team of agents, managers, etc. to protect them and an interest in preserving their personal brand from the ugliness. Why get involved? In the Martins situation, it's likely that A LOT of dancers and alums may be involved in the case in one way or another and some may be VERY involved and have evidence to contribute to the investigation. In some cases, it actually may be about them. So, I think it's a completely different situation. My take is that it's gong to get ugly, and probably really ugly in the short-term, but it's better to get the ugliness out there now, weather the storm, and try to keep NYCB/SAB as healthy as possible for the long-term. My guess is that Martins will be out, and someone will be installed whose main charge will be to "clean-up" and stabilize the situation and put policies and practices in place, and then gracefully retire after 5 years or so. Then a longer-term AD will come in. (One of my Catholic friends calls it the "Pope Benedict" MO).
  9. Peter Martins Sexual Harassment Allegations

    Well... probably not. I don't think that that statement was advisable at all. They really have to put out the "We are being open and transparent/Abuse will not be tolerated," message, and saying that he hopes that Martins can come back is obviously at odds with that. Frankly, Martins will be out. The question will be whether anybody else's head will roll. Again, it's a question of protecting NYCB/SAB at this point, and hoping no major lawsuits arise when all is said and done.
  10. Peter Martins Sexual Harassment Allegations

    I think any remote hope that Martins' job could be saved are long in the rearview mirror. With what is out there, there is just no plausible deniability that the Board could not know there there are significant issues with Martins' management style, and the potential liability going forward is far too great. There is just no way that they can risk putting him in charge of minors at this point. At this point, it's all about saving the institutions of the NYCB and the SAB, and the risk is real. A multi-million dollar lawsuit from an alum could probably cripple the institutions for a generation.
  11. Peter Martins Sexual Harassment Allegations

    Generally, "sexual assault" is distinct from "assault" in that it usually does require actual physical contact. As an aside, "battery" does not necessarily require infliction of bodily harm ("offensive contact" can usually suffice), but it does require physical contact with the person or something closely associated to them. So for example, If A threatens B, "I'm going to beat your face to a bloody pulp!!!" and then proceeds to knock B's hat off their head (but not come in contact with B themselves), the threat would be assault, and the knocking off of the hat would be battery. I say "generally" because criminal law is different from state to state, so it always depends on the state in question. Re: the question of the Martins investigation: I think it's important to keep in mind that what is being reported in the media is probably a small fraction of what Barbara Hoey and her team at Kelly Drye are finding, both positive and negative. I suspect there are plenty of folks who would not be willing to speak on record to media, but would cooperate with an official investigation. And I think it's extremely likely that we will never know the full scope of what they uncover. That's basically what happened when Paul Weiss investigated the Gretchen Carlson/Roger Ailes/Bill O'Reilly situation, and I don't expect that it will be any different here.
  12. Peter Martins Sexual Harassment Allegations

    The article states that NYCB and SAB have started an investigation "in the wake of a sexual harassment accusation." It does not state that the investigation is ONLY concerned with sexual harassment. With the way that the official statement was worded around "safety and well-being", I think it is very clear that Kelly Drye is taking in any and all behavior that may be considered abusive such as physical assault. Hmmm... well, now I believe that you are conflating the legal and lay definitions of "hearsay." But let's go with the lay definition of hearsay you start with: "information received from other people that one cannot adequately substantiate." Actually, I would say that the fact that Heather Watts was walking around with bruises has been substantiated. From the description in the article, multiple dancers personally saw her walking around with bruises so there is more than one report of it, and I would say that was substantiated. HOWEVER, the conclusion, Heather Watts was walking around with bruises, therefore Peter Martins must have been beating her... eh... as you say, there are multiple reasons Heather Watts may have been walking around with bruises. BUT, the LEGAL definition of hearsay is "an out-of-court statement offered to prove the truth of the matter asserted," and this in no way fits that definition. As I said before, the dancers personally saw Heather Watts walking around with bruises and would be able to testify that that is what they saw. This is different than say, to use a famous example, when the prosecution tried to use Nicole Brown Simpson's diary entries as evidence that O.J. Simpson was beating her. Because, again, out-of-court statement (the diary entires) offered to prove the truth of the matter asserted (Mr. Simpson was beating her), so the diaries were inadmissible.
  13. Peter Martins Sexual Harassment Allegations

    I'm not sure that that's what the NYT is doing. The NYT is reporting that there is an investigation into Mr. Martins' conduct due to the anonymous letter, and the official statement emphasizes that the (official) priority of the SAB is the "safety and well-being" of the students. So I think it's pretty fair to say that anything the investigation turns up that pertains to "safety and well-being" is going to be fair game. I think it's also important to keep in mind that due process like free speech has a very specific legal definition. In most cases, employers can and will fire employees for any reason both significant and trivial, and I'm sure Mr. Martins' contract includes a long list of reasons for which it can be terminated that do not require anything approaching a legal due process. Uh, actually that's not hearsay. It's an eyewitness statement (The dancers personally saw Ms. Watts walking around with bruises). If Heather Watts had told someone that Mr. Martins hit her, and that person then said, "Heather Watts told me Peter hit her," THAT would be hearsay and (generally) inadmissible in court.
  14. 2018 Met Season

    I agree with the others who have commented that Lane's debut in SL was going well until the fouettes. I have certainly not been her biggest fan in the past, but I was really impressed with how the performance was going until that point. The fouettes started strong, but my sense was that with the lack of experience and rehearsal, Lane seriously misjudged how much she had left in the tank to complete the sequence in the midst of a full-length performance. I have no doubt she can complete the 32 bars on their own. Irina and Max were sitting a couple of row ahead of me at the performance, and they got up very quickly after the performance, I'm sure to go speak to her.
  15. "Restless Creature: Wendy Whelan"

    A number of years ago, when I was grappling with a career transition, I spent some time going to a career counselor who also a licensed therapist based in Manhattan. We went through a number of exercises as I tried to figure out what direction I wanted to go in, and in the course of that, she mentioned that BY FAR the group she worked with that had the hardest time making that kind of transition was professional ballet dancers. Most of them have been extremely focused on one path their entire lives since very young. It can be genuinely emotionally wrenching when that path comes to an end.