A student athlete at Xavier University has sued the school, claiming that after being diagnosed with a concussion, he was allowed to return to play too soon and suffered another concussion, potentially impacting his collegiate career.
Neil Henley was a star soccer player at St. Xavier High School in Kentucky, where he earned the Gatorade Boys Soccer Player of the Year for that state in 2012.
Henley ultimately accepted a scholarship at Xavier University. The men’s soccer team at Xavier had a practice at Xavier of allegedly hazing incoming freshmen at the “soccer house.” On Feb. 16, 2013, Henley was the subject of that hazing ritual, which meant he consumed large amounts of alcohol. According to the complaint, he hit his head several time on inanimate objects.
He was allegedly brought to his room early on the morning of February 17, and did not leave his bed until February 18. That day he visited the Xavier sports medicine department. He further claimed that he was pressured by his teammates to say that the concussion he suffered that night came from playing soccer.
Xavier allegedly followed its concussion protocols of having its athletes undergo impact testing. He was also to receive medical clearance by a physician before being allowed to return “to full sport activity.”
However, on March 4, “an unsupervised student trainer” allegedly cleared the plaintiff for a return to soccer.
The plaintiff contends that Head Soccer Coach Andy Fleming “knew or should have known that the plaintiff had not undergone a followup impact test or physician evaluation before being allowed to return to the soccer field.”
On March 28, 2013, the plaintiff was participating in a scrimmage against Bowling Green State University when he headed a ball. He was then knocked to the ground by an opposing player, causing a concussion. Henley claimed this resulted in the debilitating condition known as “second impact syndrome.”
Nevertheless, Fleming allegedly met with the plaintiff on March 27 and “required him to sign a document on April 12, which “described what (Fleming) believed to be academic and performance issues.” The plaintiff claimed this was “an additional attempt to cover up” the decision to allow Henley to return too soon.
On June 14, the university allegedly revoked the plaintiff’s scholarship, citing “performance issues.” The plaintiff claimed the performance issues arose from the concussion-related events of the previous six months.
The plaintiff claimed that as a result of the second concussion, the plaintiff sustained serious cognitive and physical limitations, which impaired his ability to continue to play soccer. More importantly, the second concussion impacted the plaintiff’s ability to perform usual daily activities and stay focused on his academics.”
Henley is suing Xavier University and Fleming for one count of hazing, one count of negligence, one count of negligent supervision and one count of vicarious liability. He is seeking $50,000 in damages, attorney fees and other costs associated with his injuries.
Xavier University released the following statement on the lawsuit: “We have reviewed the complaint. The allegations of wrongdoing are unfounded. The University will provide a vigorous defense.”
