Boston College and Its Swimmers – Two Sides of the Same Coin?

Imagine you dedicated your childhood to learning, practicing, and perfecting a sport. This commitment required countless hours of hard work and sacrifice; it often dominated your personal life. The sacrifice was worth it, though, because you earned a spot on the swim team at Boston College (“BC”). Swimming at BC would take you to new athletic heights and could even bring Olympic dreams within reach.

Now, imagine that you are finally attending Boston College and the school administration suspends the entire swimming and diving program over hazing allegations without a full investigation.[1] While attending BC as a student-athlete is a goal for many young athletes, it has become a nightmare for a group of BC swimmers.

On September 11th, BC suspended seven male swimmers in light of allegations of hazing and binge drinking at an off-campus house over Labor Day weekend.[2] It was said that attendees of a freshmen event were forced to binge drink and consume their own vomit.[3] The next week, on September 20th, the entire team was informed that the program would be indefinitely suspended.[4] The season was scheduled to start just three days later.[5]

BC then – without alerting students or parents – released a statement announcing the program’s suspension over hazing-related issues.[6] Local and national news picked-up the story and reported that hazing had taken place.[7] While the school later amended the press release, the damage was done.[8]

Following the suspension, a group of 37 BC swimmers sued Boston College, and its athletic directors, in Middlesex County Superior Court seeking the immediate reinstatement of the program.[9]

The swimmers said the suspension subjected them to public scrutiny and shaming.[10] Yet, the loss of an ability to compete will be even more damaging to these young athletes. The complaint said that the suspension “[blocked the swimmers] from competing in the Atlantic Coast Conference, national championships, Olympic trials and has also interfered with their training and practice schedules.”[11]

The students argued that Boston College violated its own student code of conduct by suspending the entire team without an investigation and before any findings were made.[12]

Now, imagine you are finally attending BC and just want to fit in with your new team. So, when the upperclassmen ask you to participate in underage drinking, you oblige. Should it be surprising to you that your university would want to stop this? As you know, many students and athletes take great pride in attending Boston College. This level of prestige, along with student safety, is something that ought to be protected.

Boston College said that it would continue to investigate the situation, regardless of the growing legal battle.[13] On October 24th, BC’s side of the story came to light when it filed its opposition papers. The court documents revealed the extent of the alleged hazing incidents that resulted in the team’s suspension.

BC’s documents alleged that on September 2nd, the swim team hosted a party involving underage drinking.[14] The next day, the team conducted a “frosh” event whereby freshmen were allegedly given bags to wear around their necks to vomit into.[15] The court papers did not reference team members instructing freshmen to consume their own vomit, as was initially alleged.[16] By the end of Labor Day weekend, a total of three team drinking events had allegedly occurred.[17] The papers also indicated that members of the team had been found responsible for hazing the previous year.[18]

BC’s court documents further alleged that upon learning of the drinking events, it conducted an initial investigation.[19] This included interviewing 20 team members and collecting evidence from the team group chat.[20] According to the school, the initial investigation confirmed that hazing, involving power dynamics, had occurred.[21]

On September 19th, based upon the initial investigation, BC’s Office of the Dean of Students notified the upperclassmen of potential violations of the student code of conduct.[22] Then, the next day, Boston College Athletics indefinitely suspended team activities.[23] BC, in its court papers, refuted the students’ arguments.

This lawsuit reflects a story that is as old as time – college students battling with school administrators over drinking issues. It can be hard to toe the line between young people wanting new experiences and campus safety. This is further complicated when the drinking issues involve student-athletes who represent the school. On the one hand, it can be argued that the team was out of season, was “bonding,” and was off campus. However, it is natural that the school would want to limit any signs of hazing or power dynamics to ensure the safety of its students.

On October 26th, a Massachusetts state judge rejected the swimmers’ bid to have their team reinstated during the investigation.[24] Following this ruling, the BC swimmers dropped their lawsuit against the university trustees and two members of the athletic department.[25] The team’s future remains unclear.

Image Credit: (Kait Devir / Heights Archives)

[1] https://www.law360.com/sports-and-betting/articles/1734258/boston-college-wrongly-suspended-swim-team-suit-says

[2] Id.

[3] https://www.espn.com/college-sports/story/_/id/38691811/boston-college-swim-team-files-suit-asks-lift-hazing-ban

[4] https://www.law360.com/sports-and-betting/articles/1734258/boston-college-wrongly-suspended-swim-team-suit-says

[5] https://www.espn.com/college-sports/story/_/id/38691811/boston-college-swim-team-files-suit-asks-lift-hazing-ban

[6] https://www.law360.com/sports-and-betting/articles/1734258/boston-college-wrongly-suspended-swim-team-suit-says

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.