The New York Philharmonic is one of the most well-known orchestras in the country, but has recently been rocked by a sexual assault scandal amongst its musicians. The alleged sexual assault occurred more than a decade ago, but details only recently became public in a recent article by New York Magazine. It is a deeply upsetting example of how pervasive sexual harassment and assault are even within the highest tiers of the music industry.
The alleged sexual assault and harassment took place in 2010 against two tenured male musicians.
The alleged sexual assault occurred on or about July 24, 2010 while the NY Philharmonic was on tour in Vail, Colorado. Liang Wang and Matthew Muckey, close friends who both joined the New York Philharmonic in 2006 as an oboist and trumpeter respectively, attended a party along with other Philharmonic musicians, including Cara Kizer, who was then a recently hired horn player.
Ms. Kizer states that after drinking a glass of wine given to her by Wang when they were in Muckey’s hotel room , she did not recall the evening and woke up the next morning without any clothes in Muckey’s bed. After leaving and returning to her own hotel room where her husband was asleep, she realized she had signs of sexual assault.
Ms. Kizer immediately took steps to report the incident to her husband, a fellow Philharmonic musician and the police. She continued attending rehearsals and performances while the case was ongoing. During the case, Ms. Kizer was made aware that Muckey had also been accused of rape by a former Philharmonic musician years earlier. However, no charges were filed against the men who denied any wrongdoing.
Ms. Kizer alleges she faced retaliation after coming forward with her rape allegation against a tenured male musician.
Ms. Kizer held a probationary position in 2010, and Muckey was originally part of the committee that would need to grant her tenure. Moreover, while the Philharmonic now has more women, this was not the case over a decade ago. Ms. Kizer was only the second woman hired for the brass section, with the first having arrived only six months prior to her. The position of music director has always been held by a man.
After Ms. Kizer complained, she alleged that she faced open criticism from other tenured musicians, and was told “How dare a probationary, non-tenured member accuse a tenured member of anything.” Ms. Kizer was not granted tenure with the orchestra after reporting the alleged sexual assault to the Vail police, and she ultimately left the orchestra and New York altogether. The magazine article reported that Amanda Stewart, a trombonist in the Philharmonic who supported Ms. Kizer, was not granted tenure the following year and similarly left the orchestra.
NY Philharmonic eventually investigated the complaint against Muckey and Wang and terminated them. However, they appealed through their union and won, and NY Philharmonic was forced to reinstate them.
In 2018, under new leadership, the orchestra commissioned an investigation into the allegations, hiring a former federal judge Barbara S. Jones to investigate. This investigation culminated in the orchestra firing Muckey and Wang in September 2018. Scarcely any details were made public. However, the musicians’ union challenged their dismissals, and the arbitrator (private judge) ultimately found in favor of Muckey and Wang and forced the Philharmonic to reinstate them in 2020.
The allegations in magazine article have tarnished the Philharmonic’s reputation with multiple musicians saying that they would not return after Muckey and Wang were reinstated. As of April 18, 2024, the orchestra announced that Wang and Muckey would not be participating “for the time being.” The orchestra also announced that they had commissioned an outside investigation into its culture in recent years, including any new allegations of sexual misconduct.
Victims/Survivors have options available to them to hold perpetrators (and possibly the institutions employing them) accountable.
With more and more allegations of sexual misconduct in the entertainment and music industry arising each year, it is important to know that organizations, such as the Equal Employment Opportunity Commission (EEOC), provide resources and support for victims/survivors of sexual harassment and/or sexual misconduct in the workplace.
Experienced legal counsel can similarly help victims/survivors understand their options to hold their abusers accountable and to seek compensation for the harm they experienced. If you have experienced sexual abuse in the workplace, you should contact an attorney for a free, confidential consultation.