Bowling Green State University Head Hockey Coach Avoids Serious Sanctions Related to “Rookie Day”

(Photo credit WTOL11) As previously reported here, Bowling Green State University’s (BGSU) men’s NCAA DI hockey team began its season without head coach Ty Eigner and three players.[1] The team is now 1-5 on the season after losing a pair of games by identical scores of 5-2 over the weekend at home against Western Michigan. On September 18, 2023, the university placed Eigner on administrative leave and suspended three players on an interim basis pending a full investigation of an alleged hazing incident at an off campus gathering that occurred in early September as part of welcoming new players to the team.[2] The university stated at the time that it notified local law enforcement, which initiated its own investigation. BGSU’s quick response was likely motivated, in part, by the university’s recent history facing liability for hazing incidents and a desire to get ahead of any potential liability related to oversight of the hockey program beyond possible NCAA sanctions.[3]

On October 19^th, a month after the university announced the interim suspensions, the university announced that Coach Eigner will be reinstated following a full review of the allegations that included an external, independent investigation by Barnes & Thornburg, LLP (B&T).[4] According to the report issued by Barnes & Thornburg, the focus of its investigation was to determine if members of the BGSU Hockey staff and other staff members were in violation of any BGSU administrative policy or employment contract.[5] While B&T interviewed current members of the hockey team, the firm did not appear to be tasked with determining if any team members violated student conduct policies. According to the university, several players have been informed that they have violated such student conduct policies, but no further information is available at the time concerning disciplinary action. Although student conduct hearing information is most likely private, there is also no indication of any further suspensions.[6]

B&T’s investigation focused on the discussions, preparations, and events surrounding “Rookie Day,” an off-campus event members of the hockey team held on September 2, 2023 to welcome new members to the team. The investigation revealed that Rookie Day “involved underage binge drinking and provision of alcohol to those underage by unidentified older members” of the hockey team while “other events of the day included conduct with the potential to cause humiliation, physical harm, or emotional harm.”[7] The presence of such conduct implicated the BGSU Student Code of Conduct and related Anti-Hazing Policy.

The factual findings of the investigation suggested that no member of the BGSU staff, including head coach Eigner, had any knowledge of Rookie Day.[8] However, B&T’s investigation did determine that Eigner was made aware on at least two occasions of allegations regarding underage or coerced drinking and took no further investigative or corrective steps.[9] The investigation revealed that a player in a potential leadership position at least twice came to Eigner to discuss that he thought that older players were encouraging underage players and others to go out drinking and, on one occasion, to go out the night before team fitness testing this fall. While the player alleged that he told Coach Eigner about Rookie Day, that could not be substantiated. The investigation was unable to determine if coercion was involved in any of the alleged incidents as the player seemingly walked back his accounts in conversations to Eigner to simply voice concerns about the overall drinking culture on the team.

From a legal standpoint for the university, the salient point seems to be that the two corroborated “allegations made to Coach Eigner did not link the purported underage or coerced drinking to any team tradition or ritual.”[10] The disclosures to Coach Eigner did not, apparently, refer to Rookie Day, nor were any other staff members aware of Rookie Day; B&T reviewed emails between members of the coaching staff and found no mention of Rookie Day. Also importantly, while the events of Rookie Day included “conduct with the potential to cause humiliation, physical harm or emotional harm,” the allegations of “coercion could not be substantiated.”[11] According to the investigation, Coach Eigner was, in fact, explicit about not tolerating hazing or underage drinking. B&T’s report states that “Coach Eigner would encourage the team at the end of each week’s last practice to be smart, not do anything they do not want to do, and to look out for each other.”[12]

While the publicly available report from B&T has the names of student-athletes redacted, it raises questions if the player who brought incidents of underage drinking to Coach Eigner’s attention was Austen Swankler, who left the program following Rookie Day and alleged he was a victim of hazing incidents. However, Swankler was an established star player, so he would mostly be participating in Rookie Day in a capacity unlikely to be the target of alleged hazing. Swankler is now committed to play for Michigan Tech beginning the second semester.[13]

Going forward, BGSU’s Director of Athletics, Derek van der Merwe, will assume “additional oversight” of the hockey program, and, despite a finding that coaches and staff did not know about Rookie Day specifically, the staff will undergo additional employment training.[14] Rick Westhead reported on October 19^th that Bowling Green, Ohio’s police department’s investigation is concluding and that according to Lt. Adam Skaff, “The Bowling Green Police Division is not recommending any charges as it relates to Ohio hazing laws for any students, staff, or coaches as it relates to allegations made about the BGSU Hockey program and potential hazing.”[15] The takeaway for those interested in the legal ramifications for teams where underage drinking may occur is that, absent a showing of coercion, incidents are unlikely to rise to the level of hazing.

[1] https://ublawsportsforum.com/2023/09/28/bowling-green-state-university-mens-hockey-team-under-investigation-for-alleged-hazing-incident/.

[2]Id.

[3] Id.

[4] https://www.13abc.com/2023/10/19/bgsu-hockey-coach-be-reinstated-after-hazing-investigation-student-conduct-violations-issued/.

[5] https://www.scribd.com/document/678765762/BGSU-Final-Executive-Summary-and-Findings-of-Fact#from_embed.

[6] https://www.13abc.com/2023/10/19/bgsu-hockey-coach-be-reinstated-after-hazing-investigation-student-conduct-violations-issued/.

[7] https://www.scribd.com/document/678765762/BGSU-Final-Executive-Summary-and-Findings-of-Fact#from_embed.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.