Boston College's swimming and diving teams remain suspended as an alleged hazing scandal is still under investigation — and their request to be reinstated sits with a judge.
The private university in Chestnut Hill, Massachusetts, announced in September that it was suspending the men's and women's swimming and diving programs indefinitely after finding that "hazing had occurred within the program." Lawyers for 37 students on the teams had pushed back, suing to allow the teams to compete again.
A Middlesex Superior Court judge heard arguments from both sides on Tuesday, a hearing for which Boston College filed court documents that offered the deepest look yet at what led the school to suspend the teams over what allegedly happened at a party over Labor Day weekend.
At a "Frosh" event on Sept. 3, freshmen were instructed to partake in various drinking games and binge drinking, with the freshmen given bags to wear around their necks in case they needed to vomit, the school said. Some did, while others passed out.
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Older students were allegedly "taking care of" freshmen who were sick or overly intoxicated. It was the second of three team events where underage drinking took place in three straight days, according to Boston College, which cited an investigation including interviews with 20 team members and an analysis of photos, videos and a group chat.
Lawyers for the 37 members of the swim and dive teams — who pushed back almost immediately after the suspension was announced — listened in court as John and Jane Doe, remained skeptical.
"They continue to bring up these allegations, but at this point they are not substantiated," said Tara David, of Nesenoff & Miltenberg.
The judge didn't offer a decision on reinstating the team on Tuesday, needing more time to read filings and case law. A decision could come by the end of the week.
NBC10 Boston legal analyst Michael Coyne said the students face an uphill climb in asking the judge to side with them at this early stage in proceedings, and that the law favors the school.
"Young kids die as a result of this activity and so BC is well within its rights, as I see it, to be able to make sure they send a strong message to stop this type of behavior," Coyne said.
Asked for comment Tuesday, a representative for Boston College said in a statement to NBC10 Boston, "The investigation and university conduct process involving these very serious allegations of hazing are ongoing through the Office of the Dean of Students at Boston College."
