Sotis vs. IANTD

[Wookie]

The suit has to claim some kind of damage to valid, in this case it claims if he is not reinstated as an instructor, he and his business will be forced in to bankruptcy. A dive training business can't survive if the owner is not an instructor or the business is not a facility with a specific training agency? It would seem to me they could just switch agency affiliation.

I'm guessing he's plutonium dust. I think it's punishment. His instructors are able to teach, it's just he who isn't.

 

[Wookie]

the claimed damage part caught my eye as well as the requested action to get a court order to reinstate wouldn't remedy what his claimed damages regards reputation, that boat sailed. Yet he didn't ask for anything but to be put back in active teaching status.

To the switch agency thought, I was under the impression he has his own agency anyhow??

That all said, IMHO IANTD should have followed their procedures.

Maybe he's trying to force his agency sponsored insurance company to defend him? Of course, his agency sponsored insurance company is claims made. He didn't submit the incident report until long after the suspension.

 

[cerich]

I'm guessing he's plutonium dust. I think it's punishment. His instructors are able to teach, it's just he who isn't.

and his facility..

 

[cerich]

Maybe he's trying to force his agency sponsored insurance company to defend him? Of course, his agency sponsored insurance company is claims made. He didn't submit the incident report until long after the suspension.

well, I suspect his insurance like all of ours is predicated on following standards. Thankfully for many historic cases and the instructors involved the insurance company (s) have still stood behind some that broke standards, however that doesn't mean they always will.

 

[tbone1004]

anyone know who Claudia is actually an instructor for? She's not on the IANTD website as an instructor so curious which agency she taught through for the Explorer and Trimix

 

[Cert1967]

Perhaps one or more of the attorneys on the board will chime in regarding declaratory judgments vs. damages.

 

[LandonL]

having just read the correspondence between Fowler and Sotis it appears he did violate standards by acting as a safety diver for a diver who was diving beyond his certification limits

Don't forget another key point in the brief.... he was doing this DURING a 'break' in Rob Stewards full/hypoxic trimix course. In other words, he started training him for full trimix, decided it was ok to take a hiatus from class, dive beyond their currently certified limit, and then he thought what? He would just pick back up on training?

It is a ridiculous idea that you can pause training, then do dives beyond what someone is certified for as a professional safety diver, then resume training. Like it somehow relinquishes you of responsibility as a dive professional.. I would say its more likely evidence that you knew you were doing something wrong and inherently dangerous.

The points IANTD makes for suspending him are valid, and they clearly outline how he violated the standards. I agree with @cerich, re-instate him, file to have the lawsuit dismissed, then kick out properly, just don't do it as a 2 year suspension, do it permanently.

anyone know who Claudia is actually an instructor for? She's not on the IANTD website as an instructor so curious which agency she taught through for the Explorer and Trimix

Maybe for their in-house self-certifying scuba agency?


At any rate... the part that stuck out to me was where it was stated that this action would result in harm to their "previously respected and unblemished professional reputations". I think that ship sailed long ago.

 

[gsxr1997]

The suit has to claim some kind of damage to valid, in this case it claims if he is not reinstated as an instructor, he and his business will be forced in to bankruptcy. A dive training business can't survive if the owner is not an instructor or the business is not a facility with a specific training agency? It would seem to me they could just switch agency affiliation.

Not arguing your point but to put in perspective , If a truck driver who holds a CDL license gets convicted of a DUI/OUI, they will lose their license and consequently will not be able to earn a living in their chosen field.
Why is it IANTDs (or any other agency for that matter) problem?
Additionally ,his actions may also fall under a Code of Ethics violation if IANTD has established COE in their S&Ps which I assume they do.

 

[Wookie]

Not arguing your point but to put in perspective , If a truck driver who holds a CDL license gets convicted of a DUI/OUI, they will lose their license and consequently will not be able to earn a living in their chosen field.
Why is it IANTDs (or any other agency for that matter) problem?
Additionally ,his actions may also fall under a Code of Ethics violation if IANTD has established COE in their S&Ps which I assume they do.

Same with Captains. Get a DUI while riding a horse (it happens in Wyoming and Idaho) and you lose your captain's license. It speaks to judgement.

 

[LandonL]

Same with Captains. Get a DUI while riding a horse (it happens in Wyoming and Idaho) and you lose your captain's license. It speaks to judgement.

Does that apply to charges that were laid while you were a captain, or would it include discovery of previous criminal activity before getting your captain's license?