Lawyers for Boston College Swimmers and Divers Call Out School for Public Misstatement

by Riley Overend 21

September 22nd, 2023 ACC, College, News

Thirty members of the Boston College men’s and women’s swimming and diving program have retained legal counsel after both teams were suspended indefinitely for hazing on Wednesday.

Attorneys Andrew Miltenberg and Tara Davis criticized BC for walking back its initial statement that the university determined hazing had occurred. Later Wednesday, the Office of the Dean of Students said that no determinations had been made about whether any policy violations took place. On Thursday, BC revised its statement to say that the program’s suspension was based on “credible reports of hazing.”

“The statement issued by the Boston College Athletics Department on September 20, 2023 falsely suggested that allegations of hazing by the Boston College Men’s and Women’s Swimming and Diving team have been substantiated,” Miltenberg and Davis said in a statement to SwimSwam. “To be clear, the university’s conduct office has just only begun and certainly has not completed an investigation into such claims, nor have any findings been made.

“The issuance of this statement prematurely, and without having gathered all of the relevant facts, was not only negligent but also extremely harmful and damaging to the members of the Swimming and Diving program,” they added. “It is distressing that the College has been so irresponsible in its public messaging. We are hopeful that the College will take all necessary and appropriate steps to rectify the substantial and ongoing damage caused to the student athletes.”

On Thursday, details of the alleged hazing emerged in a letter from an administrator in the Office of the Dean of Students that was obtained by The Heights, BC’s independent student newspaper. The letter suggested that freshmen swimmers were pressured to binge drink and consume their own vomit, potentially violating five Student Code of Conduct policies as well as Massachusetts state law.

Lawyers for the 30 members of the BC swimming and diving program would not go so far as to deny those allegations, only addressing the university’s public response to the situation.

“Based on the information known at this time, Athletics has determined a program suspension is warranted, pending a full investigation by the University,” BC’s revised statement said. “Consistent with University policy, the matter will be investigated by the Office of the Dean of Students and adjudicated fairly and impartially through the student conduct process. Once the investigation and adjudication process is complete, Athletics will reassess the status of the teams.”

Sources told SwimSwam earlier on Thursday that team members were forced to drink until they vomited, and then wear that vomit tied in a bag around their necks. Those same sources added that not all members of the team participated in the activities.

Both the BC men and women’s teams placed 12th out of 12 teams at the 2023 ACC Championships in their first season under former Notre Dame assistant Joe Brinkman. Still, it was a relatively successful season for the Eagles considering they’re the only Power Five swimming program that doesn’t offer scholarships. They broke three school and 15 pool records at their rivalry meet against Boston University in January and were starting to gain momentum on the recruiting trail under the new coaching staff.

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.

Brinkman leads a BC coaching staff that includes assistant coach Brian Keane, assistant coach Alexander Santana, and diving coach Jack Lewis. The Eagles were slated to start their season Saturday with a Maroon vs. Gold intrasquad meet before officially beginning the regular season against George Washington on Oct. 7.

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Anwar
9 months ago

2023: Northwestern football; BC Swimming…

Today what really happened isn’t important.

Who’s next?

SwimMam
Reply to  Anwar
9 months ago

Apparently Texas A&M. Who’s next?

Abendrath
9 months ago

They are.

I_Said_It
9 months ago

They are.

Swimdad253
9 months ago

OK kids, unsolicited advice from a dad. Don’t put yourself in a potentially bad situation. If something feels “off” leave. Use the buddy system. Have fun, be safe.

uclastaffer
Reply to  Swimdad253
9 months ago

How would the buddy system have helped the swimmers being hazed? They don’t isolate the freshman individually, and hate to say it but leaving isn’t an option in these team situations.

Last edited 9 months ago by uclastaffer
MIKE IN DALLAS
9 months ago

In the interests of fairness, BC seems to have damaged the good name and reputation of [potentially] innocent people. Perhaps a lawsuit seeking millions in damages will clarify the Jesuits’ “men for others” motto.

aquadog
Reply to  MIKE IN DALLAS
9 months ago

Exactly! If a university wants to cut a program, they need to man up and own it. Take responsibility for it! Don’t blame it on a bunch of kids if you don’t have concrete evidence of wrongdoing.

Golden Gate Bridge
9 months ago
Golden Gate Bridge
Reply to  Golden Gate Bridge
9 months ago
Sweet Sweet Peter Rosen
9 months ago

In suspending the entire team the school is forcing victims into not cooperating. Just a stupid move by the school and the AD

Chlorine son
Reply to  Sweet Sweet Peter Rosen
9 months ago

Yes, in my mind this not only makes it difficult for this team to have people come forward, but also now it’s setting a precedent nation wide that if you are a victim of hazing you risk getting your entire team and friends who may have had nothing to do with it cut. Let’s discipline the specific people who acted and not punish the victims further.

Comfy Pants
Reply to  Chlorine son
9 months ago

100%

aquadog
Reply to  Comfy Pants
9 months ago

1000%

Source close to the team
Reply to  Sweet Sweet Peter Rosen
9 months ago

The lawyers are only involved because the entire team is completely innocent. The alleged events didn’t happen.

aquadog
Reply to  Source close to the team
9 months ago

tell us something! anything!

Steve Nolan
Reply to  Riley Overend
9 months ago

I was just coming to post, “Lawyers for the 30 members of the BC swimming and diving program would not go so far as to deny those allegations” being a pretty big admission that this stuff happened.

Happy Slappy
Reply to  Riley Overend
9 months ago

The court of law and court of public opinion work very differently

HereForTheMems
Reply to  Source close to the team
9 months ago

Considering the author is a relatively recent grad and you’re not sharing how “close” you are to the team. Coming on swimswam and just commenting that it’s not true won’t accomplish anything

uclastaffer
Reply to  Sweet Sweet Peter Rosen
9 months ago

You have no idea how this all went down and I am positive the team as a whole was told if one hazes, they all suffer the consequences. The team as a whole needs to be better and learn from this.

About Riley Overend

Riley is an associate editor interested in the stories taking place outside of the pool just as much as the drama between the lane lines. A 2019 graduate of Boston College, he arrived at SwimSwam in April of 2022 after three years as a sports reporter and sports editor at newspapers …

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