Disney Cover-Up? Disney Worker Molests 11-Year old in Port Canaveral

[ededmd]

We had a reported rape on one of the NCL Hawaii ships, and we were delayed a couple of hours by Honolulu PD.

 

Difference being the NCL ship is (ships in the past are) US flagged not flagged in the Bahamas.

 

Whole different set of rules, i.e. you couldn't run and couldn't hide unlike in a scenario like this where if you get into international waters you are home free.

[ededmd]

This really doesn't work as the Grandmother is not the child's parents' date=' the parents were reported in Brazil.[/quote']

 

For the minor to have sailed, a Minor Authorization Form must be completed and s/he must be accompanied on the cruise by a Responsible Adult - defined in part as any adult over the age of 18 who is authorized by the parent or guardian to have the care, custody and control of the parent or guardian's minor child under the age of 18.

 

Same care, custody and control extends to legal decision making and such the grandmother had explicit decision making capacity to "cut a deal" regardless if one happened or not (I do not know facts of that matter).

 

Any JD care to weigh in with alternate information.

[chengkp75]

Difference being the NCL ship is (ships in the past are) US flagged not flagged in the Bahamas.

 

Whole different set of rules, i.e. you couldn't run and couldn't hide unlike in a scenario like this where if you get into international waters you are home free.

 

Well aware of the differences in laws between US flag and foreign flag ships, as I am a US merchant ship officer. My point was that our Captain was notified before sailing, and he notified HPD. I go along with Tonka's Skipper that the Captain most likely was not informed by Security, and the Security Officer should lose his job over that. Given the attention given to assault and other crimes on cruise ships lately, I cannot believe that DCL corporate policy, which the Captain is the onboard arbiter of, would countenance a Captain sailing when aware of a possible crime in port.

 

This kind of thing, regardless of the criminal aspect, would be a violation of the DCL Safety Management System, and would result in a non-conformance being reported to the third-party that audits the SMS, which could result in loss of "class" or insurance underwriting.

[ededmd]

Well aware of the differences in laws between US flag and foreign flag ships, as I am a US merchant ship officer. My point was that our Captain was notified before sailing, and he notified HPD. I go along with Tonka's Skipper that the Captain most likely was not informed by Security, and the Security Officer should lose his job over that. Given the attention given to assault and other crimes on cruise ships lately, I cannot believe that DCL corporate policy, which the Captain is the onboard arbiter of, would countenance a Captain sailing when aware of a possible crime in port.

 

This kind of thing, regardless of the criminal aspect, would be a violation of the DCL Safety Management System, and would result in a non-conformance being reported to the third-party that audits the SMS, which could result in loss of "class" or insurance underwriting.

 

Thanks for the clarification.

Agree would take a "special" (and not in a good way) type of captain to be complicit and am in no way suggesting that. By sailing with DCL I trust their Masters to be better than that.

[ducklite]

For the minor to have sailed, a Minor Authorization Form must be completed and s/he must be accompanied on the cruise by a Responsible Adult - defined in part as any adult over the age of 18 who is authorized by the parent or guardian to have the care, custody and control of the parent or guardian's minor child under the age of 18.

 

Same care, custody and control extends to legal decision making and such the grandmother had explicit decision making capacity to "cut a deal" regardless if one happened or not (I do not know facts of that matter).

 

Any JD care to weigh in with alternate information.

 

Not a JD but a former paralegal. There are different levels of guardianship, and a person with temporary guardianship of a child while they are away from their parents are only given certain rights as defined by the consent form that you print out from the web site. It pretty much gives the guardian two rights. One is to obtain emergency medical treatment, the other is to leave the country with the child. It doesn't give blanket authority for any and every potential legal issue that might arise.

[ededmd]

Thanks for the information ducklite.

[Tonka's Skipper]

For the minor to have sailed, a Minor Authorization Form must be completed and s/he must be accompanied on the cruise by a Responsible Adult - defined in part as any adult over the age of 18 who is authorized by the parent or guardian to have the care, custody and control of the parent or guardian's minor child under the age of 18.

 

Same care, custody and control extends to legal decision making and such the grandmother had explicit decision making capacity to "cut a deal" regardless if one happened or not (I do not know facts of that matter).

 

Any JD care to weigh in with alternate information.

 

 

I am sorry, but your very wrong........legally the grandmother cannot sign off legal rights. Your insert says nothing about legal rights of the child.

 

AKK

[Tonka's Skipper]

Well aware of the differences in laws between US flag and foreign flag ships, as I am a US merchant ship officer. My point was that our Captain was notified before sailing, and he notified HPD. I go along with Tonka's Skipper that the Captain most likely was not informed by Security, and the Security Officer should lose his job over that. Given the attention given to assault and other crimes on cruise ships lately, I cannot believe that DCL corporate policy, which the Captain is the onboard arbiter of, would countenance a Captain sailing when aware of a possible crime in port.

 

This kind of thing, regardless of the criminal aspect, would be a violation of the DCL Safety Management System, and would result in a non-conformance being reported to the third-party that audits the SMS, which could result in loss of "class" or insurance underwriting.

 

 

As another US Merchant Marine Officer and a past Master, I back you 100% Chief!

 

AKK

[Talex831]

As a former Disney CM, I can tell you for certain that you are wrong, and each incident is handled on a case-by-case basis through legal and risk management. No one further down the chain of command is authorized to make any sort of agreement with a guest beyond smoothing ruffled feathers due to a minor problem (ride breakdown, dirty hotel room, cold dinner, etc.) with a free popcorn, park pass, or dessert. In a situation like this, even the Captain is not in a position to make any type of compensatory arrangement. Doing so would be a terminable offense.

 

I do not for one minute believe that there is not a protocol established for just this type of situation. I never said anyone unauthorized made an agreement, but I firmly believe that someone with authority gave the go ahead and they made some type of agreement. Disney is not all peaches and cream like they portray themselves. A quick agreement to remove the offender at the next port of call and some compensatory package to make this "go away". There is no way they let grandma get off that ship on her word that she was not pursuing this.

 

 

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[ducklite]

I do not for one minute believe that there is not a protocol established for just this type of situation. I never said anyone unauthorized made an agreement, but I firmly believe that someone with authority gave the go ahead and they made some type of agreement. Disney is not all peaches and cream like they portray themselves. A quick agreement to remove the offender at the next port of call and some compensatory package to make this "go away". There is no way they let grandma get off that ship on her word that she was not pursuing this.

 

 

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As I said, there is a SOP. It gets referred to risk management and legal and handled on a case-by-case basis. There is no standard package. I never said they were all peaches and cream, and I guarantee you that they are astute enough to only pay what and when they have to, and nothing as major as this type of situation is simples made to go away overnight.

[chengkp75]

I do not for one minute believe that there is not a protocol established for just this type of situation. I never said anyone unauthorized made an agreement, but I firmly believe that someone with authority gave the go ahead and they made some type of agreement. Disney is not all peaches and cream like they portray themselves. A quick agreement to remove the offender at the next port of call and some compensatory package to make this "go away". There is no way they let grandma get off that ship on her word that she was not pursuing this.

 

 

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Again, I request back-up from any JD's out there, and Tonka (we never had to take that Law course in school!).

 

There are two issues here:

 

1. The grandmother decided not to press charges with the Bahamian authorities. That is a criminal matter. Not pressing criminal charges does not prevent the child's parents from filing civil suit at a later date.

 

2. Disney corporate was notified as soon as there was notification to the Bahamian PD. Corporate legal, I'm sure, has boiler plate forms for releasing the company from future civil action, and I'm also sure this was at least presented to the grandmother. However, the idea that the Captain, or anyone onboard would initiate this kind of release is absurd. The Captain is personally responsible for everything that happens on the ship, and can be sued personally (Hazelwood and Schettino come to mind) as well as the company. No Captain would put himself in the position of relieving the company of future liability and leave himself out in the wind.

[Tonka's Skipper]

I do not for one minute believe that there is not a protocol established for just this type of situation. I never said anyone unauthorized made an agreement, but I firmly believe that someone with authority gave the go ahead and they made some type of agreement. Disney is not all peaches and cream like they portray themselves. A quick agreement to remove the offender at the next port of call and some compensatory package to make this "go away". There is no way they let grandma get off that ship on her word that she was not pursuing this.

 

 

Sent from my iPad using Tapatalk HD

 

 

Again your wrong............the Bahamas had the authority as soon as they got to Nassau and they interviewed and released the CM. The contract of employment with the cm required after DCL fired him that they fly him home.

 

BTY..........just what was DCL going to do.............kidnap the grandma???.she and the child could leave the vessel whenever she wanted.

 

You can believe what you wish, but you have nothing to back up your opinion....

 

AKK

[Tonka's Skipper]

Again, I request back-up from any JD's out there, and Tonka (we never had to take that Law course in school!).

 

There are two issues here:

 

1. The grandmother decided not to press charges with the Bahamian authorities. That is a criminal matter. Not pressing criminal charges does not prevent the child's parents from filing civil suit at a later date.

 

2. Disney corporate was notified as soon as there was notification to the Bahamian PD. Corporate legal, I'm sure, has boiler plate forms for releasing the company from future civil action, and I'm also sure this was at least presented to the grandmother. However, the idea that the Captain, or anyone onboard would initiate this kind of release is absurd. The Captain is personally responsible for everything that happens on the ship, and can be sued personally (Hazelwood and Schettino come to mind) as well as the company. No Captain would put himself in the position of relieving the company of future liability and leave himself out in the wind.

 

 

You have again hit the relief valve on the head Chief!

 

AKK

[chengkp75]

You have again hit the relief valve on the head Chief!

 

AKK

 

Thanks, skip. Amazing how much you pick up during the bull sessions at the dinner table!

[alreadypacked]

Without taring a whole race, this is a bit of an epidemic in India itself at the moment, children and women being abused, gang raped and in some cases killed. I did some work out that way a few years ago and it was hairy at times.

 

I can't get my head around that this CM thought, in broad day light, he could do this to the child. Makes you wonder if he has done it before and it went unreported?

 

The ship should not have sailed, he should have been removed at PC and dealt with on US soil.

 

Very sadly, this happens more than you might realize everywhere. I worked with female abuse victims right here in Broward County, FL. Victims have better avenues of recourse in the US than in many countries, but even here there are many obstacles to justice.

[Talex831]

Again your wrong............the Bahamas had the authority as soon as they got to Nassau and they interviewed and released the CM. The contract of employment with the cm required after DCL fired him that they fly him home.

 

BTY..........just what was DCL going to do.............kidnap the grandma???.she and the child could leave the vessel whenever she wanted.

 

You can believe what you wish' date=' but you have nothing to back up your opinion....

 

AKK[/quote']

 

And you can continue to sing the praises of a company that is excellent at portraying a perfect image, and have truly become proficient at covering their own backsides legally and in the media. Frankly, just doing research online doesn't make you an expert in Disney legalities either. Unless you are a lawyer working for the company, you also don't know exactly what transpired. Disney was wrong, I don't care how many ways you want to swing the blame to the Bahamian authorities, the grandmother, etc. Disney did everything they could to ensure that ship sailed on time and got out of US jurisdiction.

 

You are always quick to slam every other cruise line with your Internet based research and opinions. I am entitled to believe whatever I want about this imperfect company that you clearly see through pixie dusted glasses.

 

 

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[grand isle joe]

Unless you are a lawyer working for the company, you also don't know exactly what transpired.

 

 

 

 

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...but isn't much of the discussion on this and other subject on CC "speculation"?.............:confused:

 

 

 

 

 

 

 

sent by my crappy old computer......

[Host Mick]

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