Why did the Vermont Youth Orchestra fire its conductor last November?
That question has remained unanswered since the nonprofit group terminated Ronald Braunstein at the end of last year. Media reports at the time never explained the exact nature of the board’s issues with Braunstein, who was hired just few months before he was let go.
Now Braunstein is suing the Vermont Youth Orchestra Association and its founder, Carolyn Long, for libel, slander, “breach of implied contract” and discrimination. The lawsuit, which was just made public, sheds light on what led to Braunstein’s dramatic dismissal, including allegations he sexually harassed a student — which the conductor flatly denies — and problems arising from Braunstein’s bipolar disorder.
Braunstein’s legal complaint states that on November 11, he told the board he suffers from bipolar disorder. The revelation followed an episode of “lithium toxicity” on November 6 that required emergency treatment at a hospital. Braunstein also disclosed that he had had “difficulties functioning at work because of complications in adjusting his levels of lithium.”
VYOA executive director Caroline Whiddon accompanied Braunstein to the emergency room, according to the complaint. Whiddon, who had previously announced she was leaving the organization, also “made clear her willingness to work with Mr. Braunstein during her remaining four months to address any remaining difficulties in the work environment caused by the disorder and the problems in adjusting the lithium level.”
Other members of the staff, however, did not want to continue working with Braunstein, according to the complaint. One email to Whiddon dated October 11 stated: “Everyone feels like they are working with a man who has a mental illness and we don’t know how to work with that.”
In his suit, Braunstein is charging that the Vermont Youth Orchestra Association “acted in willful and wanton disregard of the requirements of the Vermont Fair Employment Practices Act,” and that the VYOA wrongfully terminated him because of a disability.
The libel and slander charges involve a sexual harassment allegation attributed to Long, VYO music librarian and honorary member of the board, according to the suit. After a weeklong music camp with VYO students and faculty, and a successful concert at the Flynn Center, Long allegedly began telling board members and parents that Braunstein had sexually harassed a student.
On November 11, Board Chair John Davis and another unnamed board member gave Braunstein a letter of termination. “The letter and oral statements informed Mr. Braunstein that the Board had found just cause for dismissal,” according to the complaint. His service ended on January 31 of last year.
The contents of the termination and its offered settlement were provided to staff members and to “one or more donors,” according to the suit. Braunstein asserts that the board “was recklessly indifferent to the truth of its claim that just cause for dismissal existed.”
On November 12, Whiddon and Braunstein each sent an email to the board asking for him to be retained, and explaining that the bipolar disorder had stabilized. Whiddon also met with the staff to explain this and to ask them, the complaint reads, to “work with her to enable Mr. Braunstein to continue to serve as Music Director.”
Later that month, Braunstein provided a letter from his physician and some of his medical records to the board. But two weeks later, the board chair sent an email “to hundreds of VYO donors, students and family members of students” explaining that Braunstein was leaving. No explanation was given.
The board has already hired another musical director, Jeff Domoto.
Braunstein’s complaint states that the VYOA’s “unlawful discrimination” caused him personal humiliation and damage to his professional reputation, as well as incurring past and future attorney’s fees and loss of income.
Braunstein is seeking “reinstatement, restitution, compensatory damages, punitive damages, interest, costs and fees and trial by jury as to his claims for damages.”
More on this story as it develops…
This article appears in Mar 16-22, 2011.
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As a parent of a VYO and VYP member it saddens me to think what this has and will continue to do to this organization. There is so much more to both sides of this situation and as much as we second guess what seems obvious, the bottom line is most of us don’t know what happened and to start making armchair judgement calls is not a good thing for all parties concerned, especially the children of VYOA.
Re: CONSIDERTHEOTHERSIDEFORJUSTASECPLEASE: Who ever said he can’t do the job? The concerts this year were the universally applauded, so he could in fact do the job as conductor and teacher. Whatever difficulties he had related to his bipolar could have been accomodated, but the VYOA didn’t even try to accomodate him. That is a problem for them, not him. Had they even given Ms. Whiddon’s suggestions a chance, perhaps they could have avoided this mess and not sullied a man’s career and reputation.
1) Vermont is a hire at will state, meaning anyone’s job can be terminated “for good cause, or bad cause, or no cause at all.” Proving wrongful termination is very, very difficult. 2) What did VYO accuse Mr. Braunstein of? We don’t know exactly. Braunstein claims that he was accused of sexual harassment. That has not been established or publicly corroborated by VYO. We don’t know exactly what VYO’s motives in terminating him were. We can’t evaluate their claims until (and unless) we know what they are. 3) Clearly all parties agree that Mr. Braunstein did SOMETHING inappropriate. One of his chief defenders acknowledged that his behavior created, “difficulties in the work environment.” Should Braunstein be held to account for this behavior or can it all be blamed on mental illness? Think about it this way — an alcoholic has a disease. But he can’t show up to work drunk and expect to keep his job. If he sobers up, he might not be able to get his job back. Mr. Braunstein might be a fine conductor and a fine person. He might be working hard to get his life back together and get his disease under control. But his case against VYO appears to be pretty thin.
Regarding CONSIDERTHEOTHERSIDEFORJUSTASECPLEASE’s comment, “And, further, if one is alleged to have sexually harassed a student, it is that person who puts the organization at risk, not the other way around.,” may I remind you that in this country one is presumed innocent until proven guilty.
If there were any truth to the allegation of sexual harassment, then why would the VYO have let Mr. Braunstein continue until January 31? If there was any shred of evidence he would have been let go on the spot, or at least placed on administrative leave until the allegation was investigated. The VYO didn’t do this, so either they were negligent or they knew there was no truth to the allegation whatsoever.
“And if there was any truth to the sexual harassment allegation then Carolne Whiddon would certainly not have fought for the retention of Braunstein.”How do you know this to be true? This seems to be your assumption or opinion. Furthermore, do you personally know whether Ms. Whiddon has absolute, factual, and correct knowledge of whether the allegation is true or untrue? Just because Whiddon supports Braunstein does not mean, by itself, that the allegation is untrue. If you have personal, inside information that Whiddon is right and Long and the Board are not, please disclose it.Also, you seem to be accusing Long, who is described above as being the founder of the VYOA and its music librarian and honorary member of the board, of being either a liar, a fool, or a gossipmonger. Is that REALLY your position?
And if there was any truth to the sexual harassment allegation then Carolne Whiddon would certainly not have fought for the retention of Braunstein.
There was no complaint by a student, just by Carolyn Long, which is heresay.
Bi-polar or not, if you can’t do the job, you can’t do the job. And, further, if one is alleged to have sexually harassed a student, it is that person who puts the organization at risk, not the other way around. Sounds like the VYOA fears it could be facing a lawsuit from a student. Don’t you remember the intense heat the the Morristown School District recently took for allegedly not disclosing the sexual misconduct allegations involving a teacher, even though the district had no direct evidence of that misconduct?Glad you’re very successful, though.
As a very successful artist who suffers from bi-polar disorder and a parent of two children who have participated in the VYOA, I am horrified and disgusted by the staff and board. There is a reason that bi-polar disorder is called the artist’s disease. Throughout history very talented musicians, conductors and composers have suffered from this very treatable mental illness. That the VYOA could not see past their rather uninformed biases speaks volumes not only to their provincial attitudes, but more importantly has placed the entire organization at risk. I am embarrassed and deeply, deeply hurt.