Attorneys for the five former University swim team members accused of hazing are calling for the dismissal of the lawsuit filed by a former teammate.
The lawsuit filed this summer by former University student Anthony Marcantonio claims he and other first-year members were subjected to hazing activities including forced drinking of beer, liquor, milk and prune juice, forced sexual contact, forced consumption of a live goldfish and verbal abuse, all under the threat of retaliation for noncompliance.
Legal teams for the multiple defendants argued the charges — including hazing, assault, battery, intentional infliction of emotional distress, and negligence — should be dropped because Marcantonio and other first-years were not forced to participate in the alleged activities and remained at the swim house voluntarily.
A Charlottesville judge heard the arguments in court Monday, but no decision has yet been made. A jury trial is scheduled for September.
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