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CHARGES AND DEFENSE

THE PARIS CONSERVATORY
Charge
Extract from the order of December 7, 2021 made public by making it available to the registry of the Administrative Court of Paris

To pronounce against Mr. Pernoo the sanction of temporary exclusion of one year with withholding of salary, the director of the CNSMDP noted that he imposed“to provide students with a climate where familiarity, references to sexuality and inappropriate gestures are omnipresent in [his] expression and [his] attitudes towards them”. She noted that he adopted a“mode of teaching [which] does not conform to the duty of exemplarity incumbent upon [it]”, which he established“divisive functioning within the class” in“[abusing] the undeniable ascendancy [he] exercises over [his] students”, that he maintained a “confusion of genres”, that he used“sexual spoonerisms” and that he adopted“humiliating attitudes in public where mockery and humiliation are part of the educational system”. It appears from the documents in the file that, to pronounce the contested decision, the director of the CNSMDP relied in particular on the report of the investigation carried out by Ms. De Haas, associate director of the Egaé group, an expert structure in the prevention of gender-based violence. , discriminatory, moral and sexual, and Mr. Pillon, head of the human resources department of the CNSMDP, and during which fifty-one people were heard, including Mr. Pernoo, and forty-five of them signed the report of their interview.

Extract from the judgment made public by making it available at the registry of the Administrative Court of Paris on November 2, 2022

To decide on the suspension of Mr. Pernoo, the director of the Conservatory relied on the reports of two former students of acts likely to be qualified as sexual assault and which were, moreover, the subject of a report to the public prosecutor in accordance with article 40 of the code of criminal procedure. Furthermore, it appears from the testimonies of the first internal investigation carried out by the establishment that Mr. Pernoo would have established a sexualized atmosphere within his class, resulting in comments and spoonerisms with sexual connotations as well as inappropriate gestures exceeding those necessary. teaching the cello, that he would have, on several occasions and in public, made humiliating and demeaning remarks or attitudes, and that he would also have engaged in behavior leading to gender confusion, for example by organizing dinners in outside of class hours or by giving free lessons. These testimonies were corroborated by the second internal investigation carried out by the Conservatory. 

According toLe Figaro from June 29, 2021

On May 7, 2021, Émilie Delorme wrote a disciplinary report to refer the matter to the joint consultative commission which must rule on the case. According toLe Figaro, this report would contain “gross errors” against him, including the change in the age of a witness, presented as a fourteen-year-old teenager when he was in reality twenty years old. Furthermore, an entire passage from Egaé's report, where the facts alleged against the teacher are presented in the conditional, is taken up in the indicative by Émilie Delorme in the disciplinary report. Finally, the numerous defense testimonies are only mentioned as reinforcing the charge:“[Mr. Pernoo] generates in many students - current or former - a very significant admiration, even a form of fascination [...] The investigators attended interviews in which they sensed a very clear desire of the interlocutors to protect Jérôme Pernoo [...] ] as if it seemed impossible for a certain number of people to admit to a single problematic behavior on the part of Jérôme Pernoo. This seems to demonstrate a form of ascendancy on the part of Jérôme Pernoo over the people around him. »(Le Figaro, June 29, 2021)

Defense
Extract from the order of December 7, 2021 made public by making it available to the registry of the Administrative Court of Paris

- The administrative investigation took place in conditions which irremediably undermined respect for the rights of the defense.

- The contested decision is based on facts whose materiality has not been established; even assuming that their materiality is established, they do not constitute a fault such as to justify the imposition of a disciplinary sanction.

FIRST COMPLAINT
Charge
According to theFrance Media Agency (AFP) May 27, 2023

Jérôme Pernoo was first suspected of sexual assault on a minor, in 2005 in London, on a student aged 14 at the time, according to whom his teacher caressed him, over clothing, on the genitals. , while he was asleep in his bed.

The man, now 32 years old, was his student, particularly during internships, when he was between 10 and 17 years old. He considered him his “surrogate father”, having lost his very young. 

Defense
Mentioned at the hearing of May 26, 2023:
  • Besides J. Pernoo and the complainant, two other people were in the immediate vicinity of them in the same room: a young girl of the complainant's age and an adult.

  • According to their testimonies, neither the adolescent nor the adult in the immediate vicinity witnessed a scene of this nature at any time, even though the complainant alleges that it took place on at least two occasions, day, and each of them lasted around fifteen minutes.

  • Among the two witnesses who attest that these scenes never took place, one does not hesitate to accuse J. Pernoo of other less salient points of the investigation.

  • The complainant's word is therefore not only called into question by the defendant, but by all potential witnesses to the alleged scenes.

  • This complainant, in the years that followed, maintained good relations with J. Pernoo, that he went to play in his class at the CNSMDP on several occasions even though he was not his student, and that he He is even enrolled in 3rd cycle with him.

SECOND COMPLAINT
Charge
According to theFrance Media Agency (AFP) May 27, 2023

Another student of the cellist, whom he considered a “spiritual father”, at the conservatory. The complainant reported "slaps on the buttocks", "cat-cock" - a "game" consisting of touching the genitals of the other by surprise while shouting said phrase -...

Defense
Mentioned at the hearing of May 26, 2023, without it being disputed:
  • The complainant claims that these “games” took place frequently, during group lessons, and that he himself was not the only victim.

  • Among the 21 students who had at least one year of schooling with the complainant, not a single one, in any of the three investigations (two administrative and one criminal), said they had witnessed a single occurrence of a scene of violence. this guy, whether the target is himself or others.

  • Among the aforementioned deniers, there are a certain number of people who, moreover and on other subjects, did not hesitate to testify for the prosecution; the argument of J. Pernoo’s influence over the deniers is therefore inadmissible.

  • No other student of J. Pernoo at the CNSMDP, all promotions combined, has ever claimed to have witnessed or been the victim of such “games” or touching.

Charge
According to theFrance Media Agency (AFP) May 27, 2023

...and “stolen” kisses.

NB: To be precise, the complainant speaks of “kisses that slip on the lips at the last moment” and suggests that this happened on numerous occasions, and always in front of numerous witnesses.

Defense
Mentioned at the hearing of May 26, 2023, without it being disputed:
  • Sthe initial report, although detailed and obviously as incriminating as possible, makes no mention of “kisses that slip on the mouth”.

  • He himself declared in the first internal investigation that he did not remember it (sic, for allegedly frequent touching of this nature), but that a “friend” reminded him.

  • This “friend” is a student of J. Pernoo from the same period, but she herself never said she witnessed scenes of this type, neither in the two administrative investigations, nor in her interview with the federal police.

  • The complainant in this procedure (see below), who is assisted by the same lawyer as the present complainant, and who had never mentioned anything of this nature before the administrative investigators, on two occasions spaced one year apart and despite their insistence, ended up “remembering” it at the time of his testimony before the judicial police.

  • The only “witness” who now claims that this could have happened is someone:

  1. who had always claimed the opposite.

  2. who herself became a complainant and who is assisted by the same lawyer as the complainant we are talking about.

  • Apart from this recent complainant and in the context mentioned, among the 21 students who had at least one year of schooling in common with the complainant, not a single one, in any of the three investigations (two administrative and one criminal), said he witnessed a single occurrence of a scene of this type, even though, as we have seen, the complainant, alone at first, and now supported by his comrade, claims that it happened frequently in front of many students.

Charge
According to theFrance Media Agency (AFP) May 27, 2023

The professor invited him to “honor a Russian tradition” of kissing on the mouth after toasting. The former student accepted for the first time...

Defense
Mentioned at the hearing of May 26, 2023:
  • LThe complainant reports in his report that he did not express non-consent;

  • He claims from his first testimony that “everyone saw what was happening”.

  • “Everyone” on this trip, besides J. Pernoo and the complainant, is fifteen adults:

- 10 adult students

- 3 guides

- 1 producer from Radio-France

- 1 radio sound engineer, with a boom, who recorded everything for the upcoming series, orchestrated by the producer.

  • In the internal EGAE investigation, only two witnesses (one and one student) described a scene which could be similar to this, while insisting, for the first, on the imprecision of his memories. All the other people present interviewed deny having witnessed such a scene.

  • These two witnesses absolutely do not describe the scene in the form of an attack, with the asymmetry that it would imply. If the scene took place, there seems to be absolutely no doubt about consent.

  • The judicial police decide not to question the first witness, but to question the second, the girl, who, to the police, very clearly goes back on her statements from the previous year, now saying that she does not remember precisely such a scene between J. Pernoo and the complainant.

  • At the end of the preliminary investigation, out of fifteen witnesses claimed by the complainant, the PJ therefore only has one left, questioned only by EGAE (under the conditions that we know, which led to the invalidation of the internal investigation by the administrative court). And this witness insists that his memories are vague.

  • There were, however, on the Trans-Siberian Railway a certain number of people who, elsewhere and on other subjects, did not hesitate to testify for the prosecution, including two other complainants for themselves.

Charge

...but claimed to have had to refuse the professor's requests on several occasions thereafter.

Defense
Mentioned at the hearing of May 26, 2023:
  • No testimony, whether from the two internal investigations or the police investigation, mentions such a scene, even though the question was, obviously, systematically asked and, once again, everyone was supposed to have attended.

  • The complainant in this procedure (see below), who is assisted by the same lawyer as the present complainant, and who had never mentioned anything of this nature before the administrative investigators, on two occasions spaced one year apart and despite their insistence, ended up “remembering” these attempts at the time of his testimony before the judicial police.

  • The only witness who now claims, against all odds, that this could have happened is someone:

  1. who had always claimed the opposite.

  2. who herself became a complainant and who is assisted by the same lawyer as the complainant we are talking about.

  • Apart from her recently and in the conditions mentioned above, among the fifteen potential witnesses claimed by the complainant, no one, ever, has claimed to have witnessed such a scene.

Charge
The AFP journalist neglects to specify this:

The complainant claims that these successive scenes caused a sort of scandal in the dining car, and that he had to be “exfiltrated” by distraught students.

Defense
Mentioned at the hearing of May 26, 2023:
  • QWhether in administrative or criminal investigations, no witness claims to have seen such a scene or to have participated in it. The defense recalls that the complainant declared, including for the above-described scene, that “everyone saw what was happening”.

  • Also mentioned were the good relations that the complainant maintained with the respondent not only after this trip, but even after the end of his studies, which many written exchanges attest to.

THIRD COMPLAINT
Charge

The third complaint was filed by a former student of Jérôme Pernoo, just before the trial on the merits of the Administrative Court, on the advice of Émilie Delorme, director of the Paris Conservatory. (Which the complainant confirms on the stand).

The young woman claims that Jérôme Pernoo touched her breasts over an item of clothing, under the guise of a joke by going "squeak-squeak".

Defense
Mentioned at the hearing of May 26, 2023:
  • The complainant claims that “half the class” (six people) witnessed the scene.

  • None of the 15 people present on the Trans-Siberian Railway said they had witnessed such a scene, in any investigation whatsoever (administrative, criminal) even though the question was obviously raised.

  • Among the people who were on board and who refute the existence of this scene, are people who did not hesitate, moreover, to testify for the prosecution on various subjects, including even two other complainants. The argument of “fear of testifying”, opposed by the complainant to the objection of this curious collective amnesia, is therefore inadmissible.

Charge
According to theFrance Media Agency (AFP) May 27, 2023

The young woman also accuses her former teacher of having given her the nickname “my little pussy”.

Defense
Mentioned at the hearing of May 26, 2023:

It was mentioned at the hearing that the mention of this grievance was only intended to justify “sexual harassment”, which made it possible to circumvent the prescription under which “pouet pouet” fell.

It is therefore a legal disguise.

Moreover :

  • None of the students in the class, whether or not they had at least one year of common schooling with her (which is, incidentally, the case for two of the three other complainants), nor any other student of the CNSMDP, nor any close to the complainant, nor more generally no one, in any of the three administrative and criminal investigations said they had heard this nickname even once.

  • The first administrative investigation, however, systematically questioned students about their own nickname (the complainant had not mentioned that one at the time), as well as about the nicknames of others, particularly looking for nicknames with sexual connotations. So no one, including witnesses who were also prosecution witnesses, ever mentioned that one.

  • J. Pernoo produces uncontested documents (SMS, emails) which show that the nickname he happened to use for her not only was not that one, but had absolutely no sexual connotation.

  • The complainant's relations with the respondent were always very good and warm, even well after the end of her studies. Numerous writings attest to this.

FOURTH COMPLAINT
Charge

The complainant, who attended Jérôme Pernoo extremely regularly between 2009 and 2022, claims to have been the victim of three caresses or inappropriate gestures, which he now describes as sexual assault.

Two without witnesses (unique case in the file) and one with, between January 2010 and September 2011.

He would have been 16 and 17 years old.

Defense
Mentioned at the hearing of May 26, 2023:
  • This complainant declared himself almost two years after the start of the case, after having always testified, during the administrative and criminal proceedings, in favor of J. Pernoo;

  • He has, in addition to his three official exculpatory statements, constantly and ardently defended J. Pernoo, in public and private, in the press and on social networks;

  • He knew the case very well, and helped build the defense by providing documents;

  • For thirteen years, he continued to come very regularly, often daily, to spend days and evenings with J. Pernoo and his partner, and he even asked them to officially agree to adopt him, in 2019, shortly before the birth of her first child;

  • He always wanted to live not far from J. Pernoo and his partner, to be able to see them as often as possible;

  • For years after the end of his studies, he continued to recommend J. Pernoo to students who were looking for a teacher;

  • However, he does not plead the slightest form of amnesia;

  • Once he had made his about-face, he took great care to specify the dates and describe the facts, for each of the three occurrences;

  • His versions, in this case, varied systematically, almost at each hearing;

  • With each new version, he was perfectly affirmative;

  • To justify the description of sexual assault, the prosecutor relied on details provided by the complainant's wife and sister, details which the complainant himself however refuted;

  • The versions finally chosen are still different from those which appeared in the file, so the police were never aware of them, and the accused as well as the court only discovered them barely more than twenty-four hours later. before the hearing, via the conclusions of the civil party;

  • For the two scenes without witnesses, the refinement of their final version seems to be the result of cross-searches on the Internet and in the complainant's archives to try to make them more credible, even though these last minute modifications contribute, on the contrary, to making them suspect. :

1. The last minute change of date of the premiere was obviously intended, for the complainant, to constitute “evidence” for himself. It was fundamental, for his demonstration, that the fact (i) took place during his first year at the conservatory, (ii) an evening of classical performance at the Châtelet and (iii) that Jérôme Ducros was on tour at that time . This triple conjunction does not fit at all with his previous statements, he visibly set out in search, using the Internet and cross-searches, for a date which could ultimately correspond. And he thought he found it.

But the research was botched, and Jérôme Ducros provides, through documents produced in court, proof that he was not on tour on the date indicated, and that the scene (also improbable for other reasons mentioned in the hearing), which absolutely implied the conjunction of the three elements, could not have taken place.

2. Likewise, the last minute change of date of the other attack without witnesses, supposed to have taken place at La Roche Posay before the Festival, was obviously intended to support its demonstration by freezing it definitively and in a manner credible, after a certain number of version changes. The complainant had to find a year in which he had participated in the Festival and where he could have been accommodated with a certain person before it.

Probably by elimination, he ended up choosing 2011 (again, going against his previous declarations to the police, where he affirmed that he was certain to be of age).

Once again, the defense can show that he is lying. But this time, not by producing a document itself, but by drawing attention to a document that the complainant himself provides, which proves beyond doubt that he was not present at La Roche Posay ahead of the festival, and that this scene could therefore not have taken place.

  • For the touching scene with a witness, which was initially described as an “inappropriate hug”, and whose date also changed several times during the procedure, it is even simpler. The witness is the complainant's own half-brother, and he provides a certificate in which we read that there were three of them, the complainant, Jérôme Pernoo and himself, at the place and on the date finally chosen, but that he did not notice anything special, only confirming what he had already told the police (“[I] noticed nothing special”). An attack on his little brother would therefore have taken place before his eyes, in a public place, in broad daylight, without him realizing it.

Charge
According to theFrance Media Agency (AFP) May 27, 2023

The young cellist assures that the defendant had sent him “many messages of love”.

Defense
Heard at the hearing on May 26, 2023:
  • None of the messages read at the hearing had the slightest sexual character.

  • These were affectionate messages, most of them sent at the time of the death of the complainant's parents, to which the latter also responded with affection, which he admitted on the stand.

  • Never the expression of a carnal desire, never an indecent proposition, never the evocation of any ambiguous scene whatsoever.

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