Sexual Misconduct in the Symphonic Workplace: Take Action Now to Change Orchestra Culture

August 1, 2024

Rochelle Skolnick  -  AFM Symphonic Services Division Director

Since the April publication of a New York Magazine article detailing allegations of rape in connection with the New York Philharmonic’s 2010 residency at Vail, the orchestra world and AFM musicians working in all genres have been engaged in a long-overdue reckoning with the realities of sexual misconduct in our workplaces. Sexual misconduct is, fundamentally, a boundary violation rooted in power and control. Power differentials and porous interpersonal boundaries are all too common features of orchestra workplaces.

Orchestras are hierarchical institutions, with music directors sitting atop a power structure that privileges certain star players. While symphony orchestras have made great strides toward increasing gender diversity in our workplaces, men still vastly outnumber women and nonbinary musicians in positions of orchestral leadership. Employers have been historically slow to hold star musicians to account for minor misconduct. And when left unchecked, minor boundary transgressions become major.

Boundaries in musical workplaces tend to be a bit fuzzy to begin with. Perhaps this is the product of the incredibly intimate work we do, breathing and moving together to create art that is profoundly emotional. Perhaps it is the product of a culture in which summer music camps, boozy post-concert parties, and nights on tour buses are the settings in which some of our most important personal and professional relationships are formed and grow.

While it is important to reflect on the reasons why our workplaces may be uniquely susceptible to it, it is equally important to develop a plan for addressing sexual misconduct when it occurs. Every single musician can play a role in ridding our workplaces of sexual misconduct by learning the skill of bystander intervention and by actively resetting boundaries and norms for what behavior is acceptable and encouraged.

Bystander intervention should only be attempted when the intervenor feels safe doing so, but there are many of us in positions of relative power who could act to change orchestral culture for the better. Read more on bystander intervention here: www.rainn.org/articles/practicing-
active-bystander-intervention

Musicians in positions of union leadership, like orchestra committee (OC) members and local union leaders, are uniquely positioned to make a difference. If you serve in one of those capacities, these are some additional steps you can take, working together with your colleagues in union leadership.

First, know the harassment and discrimination policies and reporting procedures of every employer you work for and bargain with. If an employer has no such policy, ask to bargain one with them. Having clear policies and procedures benefits everyone in the workplace. For assistance on bargaining such policies, contact the AFM Symphonic Services Division.

Once you are familiar with these policies and procedures, make sure your colleagues and the musicians you represent know them as well. Bargain for employers to provide training to employees on these subjects. Training should occur during time that the musicians are being compensated—an especially important point for musicians who are not working in 52-week, full-time orchestras.

Next, make sure the musicians you represent know who their representatives are. This may sound basic, but when I ask union leaders to imagine why someone might not come to the union for assistance with a complaint, some acknowledge that the musicians they represent may not know who the union officers are or how to contact them. Even if they know the names of officers, musicians may not know them well enough to feel comfortable reaching out.

Union officers and OC members should introduce themselves to all new hires as part of an orientation process in which new musicians are provided a copy of the collective bargaining agreement (CBA), contact info for OC and union officers, and basic information about their rights as employees. These introductions should be reinforced through regular interactions at orchestra meetings and in backstage visits.

As part of this effort, designate several people in your organization to receive reports of workplace misconduct and ensure those individuals are trained in how to handle complaints by musicians. Ideally, include people from varying backgrounds. Musicians may feel more comfortable reporting a concern to someone who shares their gender, race, age, etc. Having a range of individuals trained to receive complaints helps ensure that every musician has someone they feel comfortable talking to.

Finally, consider how to better protect the most vulnerable musicians, including probationary musicians, substitute and extra musicians, and freelancers throughout your musical community. Because sexual misconduct is rooted in power and control, musicians with less power are disproportionately affected. And musicians who have no guarantee of continued employment have historically been the least powerful in our workplaces.

We can start by adopting more structured probationary processes, in which the standards on which the probationary musician is being evaluated are clearly articulated and relevant to job performance. Those delivering feedback should be accountable for doing so in an unbiased fashion and trained in how to discharge that responsibility properly. Abuses of power by decision-makers should not be tolerated and conflicts of interest should be identified and eliminated. Strongly consider bargaining these and other protections in your next negotiations.

Subs, extras, and freelancers should know that employers will take complaints about sexual misconduct seriously and that the union will support them in bringing complaints forward to employers. Too often, these musicians believe, incorrectly, that there is nothing we can do to represent them. While it is true that these musicians do not enjoy the protections of tenure, they do benefit from the legal requirement that an employer maintain a workplace free from unlawful harassment and discrimination—for all employees.

When an employer fails in that obligation, the workplace is degraded for all employees, regardless of their status. Union leaders can be instrumental in holding an employer accountable, ensuring that our orchestral workplaces are safe, respectful, and inclusive. Together, we can create a healthier culture for all musicians.

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