I think it is pretty much a given that Marcantonio is not funding this lawsuit, and it most likely was not his idea. When you consider the expense that it will cost those 5 boys and their families to defend against these claims, I am sure they are regretting their actions in spades right about now. This is definitely a “you mess with my kid’s life and we’ll mess with yours” kind of lawsuit. I think any potential financial gain is the last thing on this family’s mind.
It is interesting that the VA hazing laws require physical injury to a victim for a perpetrator to be charged with a crime.
I also wonder if he will have to sit out a year like most transfers or if the NCAA will give him a break like they sometimes do with kids who have extenuating circumstances (usually medical).
No it does not. It just means they can’t lie. Interestingly enough the Honor Code has some subtle distinctions. For example, if you see someone cheating you are encouraged to come forward but it is not required. The kid could have simply refused to answer the coaches questions if he didn’t want to tell on the upperclassmen. That is different than being required to tell the truth. I am not saying he should have done that, because I think he should have told the authorities.
He already is showing up as being in the next recruiting class for Northwestern. There is no mention of his time at UVa.
Northwestern costs more and is USNWR ranked higher than UVA, so if he got a full-ride both places and is not having to sit out a year, he doesn’t seem to have been set back in that regard. Since he couldn’t show physical injury sufficient for the DA to file criminal charges, I expect he would need to have bills from therapists and counselors to show mental injury.
Do you have any thoughts on why he filed this as a federal suit, HarvestMoon? The causes of action you provided don’t sound like they have a federal nexus. Do you have a link to the complaint?
I assumed that was the suspension (October 2014) for the same incidents that are the subject of the lawsuit, as the hazing weekend occurred back in late August 2014.
He also competed in March of 2015. It will be interesting to see how this plays out. http://swimswam.com/northwestern-announces-deep-talented-11-man-class-of-2019/
I agree, but unfortunately, like most lawsuits out there, we will probably never find out. It will either be dismissed, or settled privately, or if it goes to trial I imagine it will be so far in the future that we will forget to follow it.
The family is from Massachusetts but has found a lawyer (or he has found them?) that practices in Massachusetts . but has ties to Virginia (Roanoke College and Washington and Lee law school). His specialties include student rights, safe environment, bullying. This definitely may get interesting. http://www.markhamread.com
@Bay --thinking the basis for filing in federal court is diversity - he is suing individuals that reside in a different state than he does. No, I do not have a copy of the complaint.
Our high school had a horrific sexually oriented hazing scandal a few years ago. It happened at a camp most of the team was expected to go to. Resulted in expulsion and suspension of students. With son getting ready to go off to play college sports this is concerning. I hope the statistic that it is less common in DII schools is accurate!
Well, the anonymous parent of one of the defendants has replied to the charges. Essentially, the response is not a denial, but a claim that the activities were “voluntary” and a UVa tradition.
I wouldn’t be surprised if the alumni and supporters help bankroll the defense. The five defendants were “victims” too, just keeping tradition alive.
Omg… Stoning used to be a tradition. @bay, you don’t believe the crap you write, do you? I think you like to stir up trouble. 
^^^^ Isn’t “The Lottery” required reading in high school?
Yeah…but stoning isn’t required. 
I think life is a little more complicated than I think you think it is, dstark.
An interesting open letter from the upcoming swimming and diving recruiting class.: Apparently, this lawsuit has not changed their (or their parents) minds about coming to UVa.
http://www.streakingthelawn.com/2015/7/3/8888603/virginia-swimming-open-letter-hazing-claim-allegations
@bay, I am willing to wait and see what happens. In the mean time, I don’t think low probabilty events are likely. That’s why the events are low probability.
Can the victim actually be a perpetrator? It’s possible.
Of course a “victim” can be a perpetrator. I have read articles about bullies often have been the victims of bullying themselves.
Btw, its interesting to me that you can insult my ideas by calling them “crap” and not believable even by me, and then think you can cancel out the insult with a smiley face. That is not much different, in my mind, from someone saying “swallow this goldfish,” with a smile.
I think there is a difference in what you are saying in the last paragraph, but if you don’t, you are entitled to your opinion. To use tradition as a defense is disgusting. That is my opinion.
I am not telling to you swallow a goldfish.