The attorney for Western Kentucky University (WKU) Athletic Director Todd Stewart, two associate athletic directors and the former coaching staff of WKU’s suspended swimming and diving program asked a federal judge to dismiss the lawsuit of a former swimmer, who claims the individual defendants did not do enough to prevent him from being assaulted and hazed by his teammates.
By way of background, plaintiff Collin Craig was an accomplished high school swimmer in California when he decided to accept a scholarship offer and began his collegiate swimming career at WKU in the fall of 2014. However, that “dream of athletic and academic excellence at WKU quickly turned into a nightmare,” according to his complaint.
Among other things, Craig allegedly was forced to consume alcohol, physically abused by his teammates when they hit his testicles, humiliated when they blindfolded him and forced him to strip to his underwear, and threatened with sexual violence. “As a result of the abuse, harassment, and discrimination Mr. Craig suffered, he did not return to WKU after the fall semester,” according to the complaint.
The plaintiff went on to note that WKU and the NCAA each have policies to prevent such abuse, “placing the onus on coaches and administrators to work to prevent hazing.” The coaches and administrators “failed to follow the advised policies of the NCAA to prevent hazing, including but not limited to taking time to educate and provide written materials to swim team members about the fallacy and criminal nature of such actions,” according to the complaint.
Craig assailed the individual defendants for violating 42 U.S.C. section 1983 as they were “deliberately indifferent to this unconstitutional conduct.” Further, “in their respective individual capacities, had notice of this pattern and practice of abuse.”
In addition, the plaintiff asserted claims of negligence, negligent hiring, supervision, and training against all the individual defendants. Other allegations included battery, assault, intentional infliction of emotional distress, negligent infliction of emotional distress, defamation, and tortious interference with contractual relations.
The full complaint can be viewed here: http://media.graytvinc.com/documents/20151002162721727.pdf
The Motion to Dismiss
Bowling Green, Ky. attorney Tom Kerrick, who represents the individual defendants, filed the 33-page motion to dismiss. In the document, he claimed that his clients should not be held legally responsible for the actions of Craig’s teammates since the actions occurred at an off-campus house and was not sanctioned by the university or sponsored by the team.
“While the alleged incidents of hazing and harassment detailed in the complaint fall far short of the conduct WKU expects of its students, WKU is under no duty to police its students at all times wherever they might be,” according to the motion. “To impose such a duty on WKU and its staff — or any other university — would fundamentally change the relationship between the university and its students.”
