On Thursday, a judge denied a request for temporary reinstatement by 37 members of the Boston College swim and dive program suspended indefinitely last month amid an ongoing hazing investigation.
Middlesex County Superior Court judge Diane Freniere sided with lawyers for BC’s administration after affidavits were submitted Monday and a hearing was held Tuesday. She acknowledged the “personal pains reported by the plaintiffs” from the loss of their program but ultimately said they failed to prove that the university acted unlawfully by suspending them. She offered a hint of her ruling on Thursday when she rejected the plaintiffs’ request to maintain anonymity in their lawsuit against BC.
BC administrators said their initial investigation featured interviews with 20 team members and evidence from a group chat thread. They claimed the event is an annual tradition, noting that team members were also busted for unspecified hazing in the spring of 2022. The university has since enlisted outside attorneys to interview all 68 team members and complete the official investigation.
“We are very pleased with the judge’s ruling, which affirms our position regarding the gravity of these allegations,” a BC spokesperson said, according to WCVB. “In the meantime, we will continue with our University investigation and conduct process in accordance with our established protocols.”
Even if Freniere had granted the preliminary injunction, BC could have still suspended the teams again after its official internal investigation concluded.
Notably, the allegation of freshmen being forced to consume their own vomit was absent from BC’s legal defense. That allegation was first mentioned in a letter from an administrator in the Office of the Dean of Students that was obtained by The Heights.
Earlier this week, the swimmers’ attorney, Regina Federico, accused BC of depriving her clients of a “once-in-a-lifetime opportunity” to compete at the U.S. Olympic Trials next summer. The university responded by saying “there is no evidence that any of the plaintiffs would qualify for the Olympic Trials or compete in the Olympics.”
BC junior Jack Doyle came within two seconds of qualifying for Olympic Trials in the 200 IM at May’s Pro Swim Series stop in Mission Viejo, but it’s unknown whether he’s involved in the lawsuit because the plaintiffs remain anonymous, at least for now. Ali Kea and Haley Dolan became the first Eagle women to qualify for the U.S. Olympic Trials in 2021.
“We are reviewing the judge’s decision and considering our options,” attorney Andrew Miltenberg, who represents the student-athletes, wrote in a statement.
It’s rare for colleges to self-suspend entire programs for hazing, but it has happened before. In 2015, Western Kentucky suspended its men’s and women’s swimming and diving program for five years in the wake of a hazing scandal that resulted in the termination of the coaching staff. Ultimately, the school cut the program.
BC wanted to end the swimming program and this was their way.
The claims by the school are bogus and the know it if the claim was against the football team the school would do nothing
“Sweet. One more victory on the way to permanently cutting swim and dive.”
~ Blake James
What are the coaches up to during this?
Funny how BC is willing to spends 10’s of thousands on lawyers fees just so they can cut swimming. Hazing is certainly a problem and if the allegations are true the responsible individuals should face consequences. However, lets not act like this would be the response for basketball or football, they would be spending that money covering it up.
They weren’t willing to spend tens of thousands of dollars. They were sued. They didn’t have a choice but to spend money on lawyers fees.
Attempts were made to talk to BC in advance. They were ignored!
Damn it’s going to be ugly when BC files their countersuit to recoup costs and use this comment thread as evidence that you tried to extort them.
You are clearly not a lawyer if that’s how you think this works.
likely meant spending money on investigating hazing issues, not in response to lawsuit
If they meant “investigating hazing issues,” then it’s an even worse take.
Colleges should absolutely be spending money to investigate hazing. That’s a core function of college administration. Regardless of the outcome of that investigation, I believe it’s important for colleges to spend money to investigate hazing.
It’s important to investigate hazing on ALL teams, right?
Totally.
BC people seem confident that hazing is happening in the basketball and football programs. I haven’t seen any evidence of that, but if someone showed me evidence of that, I would 100% be in support of them investigating football and basketball.
If they’re not investigating football or basketball, to me the solution to the problem isn’t “oh well don’t investigate swimming either.” The solution to that problem is “investigate football and basketball.”
Wait wait wait wait wait hol up.
Are we saying “hazing didn’t happen?” or “BC shouldn’t have investigated it?”
Because one of those things sounds like the ‘coverup’ that the BC Swimmers have been complaining about in here for weeks.
No, they are saying hazing may have happened, and BC should investigate but let them swim in the meantime.
Good! These kids don’t deserve to have a program. The work ethic was poor and they never gave a 💩 about Boston College, the swimming and diving program or the sport as a whole!
You have no idea what you are talking about!
So you’re saying the hazing didn’t happen? I’m sure that EVERY ONE of these team members knew that the consequences of their actions could compromise the standing of the program with the University. Unfortunately, these kids are selfish and entitled and will transfer to another school (to wreck their next program) because of “so-called” mental health issues…
They won’t say the hazing didn’t happen, because they know it did. They’re relying on procedural stuff and “but the football team” and hoping they can financially pressure the school into letting it go.
But they underestimated who they’re dealing with. This is the Catholic Church in Boston. If you need more info, I’ll let you google it.
Are you ok?
When hazing is outlawed only outlaws will haze. We have a bunch of outlaws.
Then punish the outlaws. Not students who weren’t involved.
It’s a team. A portion of them screws up and it reflects poorly on everyone – and then there have to be consequences for everyone.
The not involved kids should have saved the team prior to this “annual tradition”. That would have been the brave thing to do – not complain after the fact saying they had nothing to do with it.
Being complicit makes you guilty regardless if they were at the event or not.
By BC’s definition (fyi it’s defined differently that MA state law) of the word “hazing” there were “alleged victims” – so let me get this straight – you believe victims should be punished? victims should have awful consequences in addition to being allegedly hazed? A large majority of the alleged victims had only been on campus for ONE WEEK of their FIRST YEAR of college. Swimming and going to BC was their dream and it was destroyed in a heartbeat. I wish people could really have some compassion for how this is mentally affecting those on the team as well as their families. I’ve lost all faith in humankind 🙁
The suit wasn’t asking to circumvent any disciplinary process. it was asking to reinstate the team until guilt was determined. Innocent team members are being unnecessarily impacted and dreams are being obliterated.
Why are dreams being obliterated? There are multiple clubs in the area that practice at BC.
Get in a club practice – prove how important your goals are. Be a contributing member of that team.
Or don’t. Play the victim card. Don’t swim.
Also, these aren’t made up allegations. They are true. There was hazing. The team deserves whatever the outcome is here.
So you’re telling me that between all the work we already ask student-athletes to do, you’re now also expecting them travel to Crimson at Harvard for 20 hours a week of workouts? Because BC refuses to let them be until they actually find guilt? Come on..this is such a short sighted response.
Bro nobody goes to BC to chase a dream. You have to understand what BC is. It IS the dream. Going to BC is all about telling people you went to BC (because you didn’t get in to Notre Dame).
Down vote me all you want, but let’s be realistic about the situation.
Nobody goes to BC to work hard, to grind. They go to BC to party, have fun, check the box to make their Catholic parents and grandparents happy, and swimming is a side hustle.
Well said…..there is a reason those at Notre Dame refer to BC as “Fredo”….
The judge did the right thing. BC AD’s actions are unethical, but not unlawful.
play stupid games
win stupid prizes