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    Dismissed Players Take Aim at New York Philharmonic Misconduct Inquiry

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    Matthew Muckey and Liang Wang, who were fired by the orchestra last fall, filed amended complaints saying an investigation by the Philharmonic was biased against them.Two musicians who were fired by the New York Philharmonic filed amended complaints against the orchestra on Thursday that assert they were wrongfully dismissed and that an inquiry by the ensemble had been biased against them.The players — the associate principal trumpet, Matthew Muckey, and the principal oboist, Liang Wang — were fired in October, after the Philharmonic said an investigation had uncovered what it described as credible claims against them of sexual assault and harassment.It was not the first time the orchestra had tried to dismiss them.The orchestra initially tried to fire them for misconduct in 2018, but their union challenged their dismissals and an arbitrator ordered the orchestra to reinstate them. But last year, after New York magazine reported new details of the accusations against them, the Philharmonic conducted a new investigation, suspended them and then moved to fire them. This time their union is not challenging their dismissals.The two musicians had originally filed suit against the Philharmonic and the players’ union, Local 802 of the American Federation of Musicians, last spring when the orchestra suspended them. They were later fired, and the amended complaints filed in U.S. District Court in Manhattan are responses to those dismissals, which Mr. Muckey and Mr. Wang contend were based on an arbitrary and opaque inquiry designed to find fault against them.Mr. Muckey’s complaint said the Philharmonic and the union had engaged in a “sham process calculated to achieve a predetermined finding of wrongdoing.” Mr. Wang’s lawsuit said the inquiry was “neither impartial nor open-ended.”The Philharmonic declined to comment. (The orchestra has previously said that its inquiry uncovered “patterns of sexual misconduct and abuse of power” by the two men.)We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Philharmonic Dismisses 2 Players Over Sexual Misconduct Accusations

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      The orchestra said an inquiry found credible claims against the musicians of sexual assault and harassment. They denied the charges.The New York Philharmonic said on Monday that it had dismissed two players after an inquiry uncovered what it described as credible claims against them of sexual assault and harassment.The players — the associate principal trumpet, Matthew Muckey, and the principal oboist, Liang Wang — had previously been accused of misconduct, and the Philharmonic tried and failed to fire them in 2018.But the musicians were put on paid leave in April when the orchestra fielded new questions about that case. An investigation that began then has now turned up additional claims of misbehavior, the Philharmonic said.The orchestra last month informed the players that they would be dismissed at the start of the next season. They will remain on paid leave until then.“We have done the right thing and we have followed the letter of the law,” said Deborah Borda, the Philharmonic’s interim leader. “The facts strongly supported our case.”Ms. Borda said the inquiry had uncovered “patterns of sexual misconduct and abuse of power” by the two men. She added that Mr. Wang had engaged in inappropriate relationships with students and had improperly tried to influence decisions about tenure. In total, 11 women came forward with accusations against Mr. Wang, the Philharmonic said, and three against Mr. Muckey. The orchestra said the accusations ranged from inappropriate remarks to assault.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      2 Players Sue Philharmonic, Saying They Were Wrongfully Suspended

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      Matthew Muckey and Liang Wang said they were sidelined without cause by the New York Philharmonic after a recent magazine article detailed allegations of misconduct against them.Two New York Philharmonic players sued the orchestra on Wednesday, saying they had been wrongfully suspended after a recent magazine article revived allegations of misconduct against them.The players, Matthew Muckey and Liang Wang, filed separate lawsuits in Federal District Court in Manhattan. The men claimed that the Philharmonic had removed them without cause and in violation of an arbitrator’s ruling, which had ordered the orchestra to reinstate them in 2020 after an earlier attempt to fire them. The players also sued their union, Local 802 of the American Federation of Musicians, accusing the organization of failing to provide them fair representation.The Philharmonic, which recently said it would commission an outside investigation into the orchestra’s culture in response to the uproar over the article, said that it could not comment on active litigation. Local 802 declined to comment.The lawsuits came after a report last month in New York magazine detailed accusations of misconduct made in 2010 against Mr. Muckey, the associate principal trumpet, and Mr. Wang, the principal oboist. After the story’s publication the Philharmonic moved quickly to remove Mr. Muckey and Mr. Wang from rehearsals and performances and suspend the players with pay for an indefinite period.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that she said occurred while she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department at the time that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records. No charges were filed against the men, and both have denied wrongdoing. In 2018 the Philharmonic, under new leadership, commissioned an investigation and moved to dismiss Mr. Muckey and Mr. Wang. But the players’ union challenged their dismissals, and an independent arbitrator forced the orchestra to reinstate them in 2020.Mr. Muckey’s lawsuit accused the Philharmonic of backtracking on that agreement. The suit said that the orchestra had “violated an indisputably final and binding award which has determined that Mr. Muckey could not be removed based upon such allegations and specifically ordered his reinstatement with back pay and seniority.”Mr. Wang accused the Philharmonic of suspending him “without cause or explanation, and in clear violation of the terms of his employment, which expressly require that he be given opportunities to perform and excel as a musician.” His suit claims that a lawyer for the Philharmonic said in 2019 that the ensemble had not accused Mr. Wang of misconduct related to the incident in Colorado.Both men claimed that Local 802, which fought for their reinstatement in 2018, had failed to respond to their requests for assistance in contesting their new suspensions. The union has struck a different tone on the case since the publication of the article. Sara Cutler, Local 802’s new president and executive director, said last month that the decision to keep Mr. Wang and Mr. Muckey offstage “are good first steps, but they can’t be the last.” She also said that she was “horrified” by the accusations, “as a woman, a musician and a new union president.”Mr. Wang’s suit accused Ms. Cutler of making “duplicitous and injurious statements.” Mr. Muckey’s suit said that Local 802 had “failed and refused to perform its duty of fair representation.” Mr. Muckey and Mr. Wang, who are seeking an unspecified amount in damages, said that the Philharmonic’s decision to suspend them had harmed their careers. Mr. Muckey lost engagements with the Chamber Music Society of Lincoln Center and other ensembles. Mr. Wang was placed on leave from the Manhattan School of Music, where he teaches, and he lost work with the Taipei Music Academy and Festival and other groups. More

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      Philharmonic Opens Inquiry After Misconduct Allegations Are Revived

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      The New York Philharmonic commissioned an outside investigation into its culture after a magazine article explored how it handled an accusation of sexual assault in 2010.The New York Philharmonic, which has been facing an uproar since a recent magazine article detailed allegations of misconduct against two players it tried and failed to fire in 2018, said on Thursday that it was commissioning an outside investigation into its culture.Gary Ginstling, the Philharmonic’s president and chief executive, said in a letter to musicians, staff members and board members that the organization had hired an outside lawyer, Katya Jestin, a managing partner of the law firm Jenner & Block, to “launch an independent investigation into the culture of the New York Philharmonic in recent years.”“I am empowering Katya to look at everything and to leave no stone unturned, including any new allegations as they are reported,” Mr. Ginstling wrote. The decision came after a report last week in New York magazine detailed accusations of misconduct made in 2010 against the players, the associate principal trumpet, Matthew Muckey, and the principal oboist, Liang Wang.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that she said occurred while she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department at the time that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records.No charges were filed against the men and both have denied wrongdoing.In 2018 the Philharmonic, under new leadership, commissioned an investigation and moved to dismiss Mr. Muckey and Mr. Wang. But the players’ union, Local 802 of the American Federation of Musicians, challenged their dismissals, and an independent arbitrator forced the orchestra to reinstate them in 2020.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Philharmonic Sidelines 2 Players It Tried to Fire for Misconduct

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      The New York Philharmonic said the musicians would not perform for now, after a magazine article brought new attention to allegations of misconduct. They have denied wrongdoing.The New York Philharmonic said on Monday that two players it had tried to fire in 2018 — but was forced to rehire after the musicians’ union challenged their dismissal — would not take part in rehearsals or performances for the time being after a magazine article detailed the allegations of misconduct that had been made against them.The Philharmonic said that the players — the principal oboist, Liang Wang, and the associate principal trumpet, Matthew Muckey — would not appear as the orchestra deals with the fallout from a New York magazine article published on Friday.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that occurred when she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department then that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records.No charges were filed against the men and both have denied wrongdoing; their lawyers said they expect to return to the ensemble soon.In 2018 the Philharmonic moved to dismiss Mr. Wang and Mr. Muckey, who both joined the orchestra in 2006. It said at the time that it had received reports that the two players had “engaged in misconduct,” which it declined to describe, and that it had decided to fire them after commissioning an investigation. But the players’ union, Local 802 of the American Federation of Musicians, challenged their dismissals.The orchestra was forced to reinstate them in 2020 after an independent arbitrator found that they had been terminated without just cause.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More