Hi all and thanks for your posts! Lots of heads being put together.
And thanks for posting the statement read last night. I'm glad to hear from dancers.
On opening night, the audience applauded the pre-performance announcement. As did I. Speaking for myself, I was expressing my support for the dancers not involved in the alleged misbehavior and the institution that has given me such joy for so long.
Recent posts have discussed supervision at SAB and "snooping."
1.) Supervision
Since SAB opened regular dormitories, supervision has become more formalized (it once consisted of Violette Verdy's mother, and although she was strict, that was different).
But as regards the suit, SAB's supervisory policies may not be an issue. Arguing that the School had a "duty of care" to Ms. Waterbury years after she left will be a stretch. ("Duty of care" means a legally recognized relationship that required SAB to protect her. [https://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html])
This particular question will be up to a judge to decide before trial (likely in response to some motion [e.g., to dismiss or for summary judgment]). The standard used will be what a "reasonable person" would accept. In theory, the judge will accept the allegations in the complaint as true and give the benefit of the doubt to the plaintiff. (https://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html; http://www.thelangelfirm.com/Debt-Defense-Blog/2016/April/Legal-Grounds-for-a-Motion-to-Dismiss-New-York.aspx Page 2; https://www.nycourts.gov/courts/6jd/forms/SRForms/m_howto.pdf, pp. 5–6.)
The causes of action against SAB and NYCB involving negligence must clear this hurdle to proceed.
2.) "Snooping"
If I understand right, the issue here is that some of Ms. Waterbury's harm resulted from her own "snooping." That is not a legal show-stopper.
New York law recognizes negligence claims in which the victim shares responsibility for his/her harm. But It reduces the jury award by that percentage. (https://statelaws.findlaw.com/new-york-law/new-york-negligence-laws.html)