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Judge Dismisses Hazing Allegations Against University of Vermont Fraternity Members

By Jill Fahy, Free Press Staff Writer, November 29, 2006

A judge Tuesday dismissed allegations against four University of Vermont fraternity members who were ticketed last spring for violating Vermont's anti-hazing law.

UVM officials said they stand by their case and are considering appealing the decision.

Scott Curley of Bridgewater, Mass.; Eric Freedman of West Simsbury, Conn.; Bill Holohan of Branford, Conn.; and Geoffrey Robinson of Middletown Springs were issued tickets in May by UVM police in connection with their role in a party in which pledges were reportedly made to wear cowboy outfits and taunted with homophobic language. The violation -- a civil offense equivalent to a parking ticket -- carries a $1,000 fine.

Judge Charon True dismissed the allegations Tuesday afternoon during a hearing at the Edward J. Costello Courthouse in Burlington. The case was heard by the Vermont Judicial Bureau -- a court that has jurisdiction over traffic violations and other civil complaints, including those that involve alleged violations of the state's hazing law.

"To accuse someone or an organization of hazing, you first have to prove that the conduct occurred in the context of some sort of initiation or membership or qualification procedure. The university failed to prove that," said David Sleigh, a defense lawyer who represented three of the students. "Second, you have to prove that the activity was directed at a specific student or students and was done so with intent of causing mental or physical harm. The university didn't have a single declaration that any person was harmed."

Attempts to reach the students, who are 21 and enrolled at UVM, were unsuccessful.

UVM Police issued the tickets based on their investigation into the March 2 party at the Phi Gamma Delta, known as FIJI, house at the intersection of Main and South Willard streets. In their report, police interviewed some 20 UVM students; among them FIJI brothers, FIJI pledges and members of a UVM sorority. Many of the witnesses attended the party, the theme of which centered on the so-called gay cowboy film "Brokeback Mountain."

One sorority sister recalled hearing homophobic slurs, such as "fag" and "faggot," being bandied about. The report also stated that another student, a FIJI pledge, told campus police he went along with the "Brokeback Mountain" theme but "was offended by it."

UVM Police Chief Gary Margolis said he will talk to the Chittenden County State's Attorney's Office about a possible appeal.
"I'm confident that we understood the law and the context of the case. We have until Jan. 7 to appeal," Margolis said. "It's a new law and this was the first time it's been tested, so I think it requires full judicial scrutiny to make sure it's applied correctly."

Vermont passed its anti-hazing law in 2000, a year after UVM upperclassmen on the hockey team forced freshman players to drink warm beer until they vomited and hold each other's genitals while they marched in an "elephant walk." That incident sparked the creation of the civil law under which the FIJI members were charged.

The FIJI house has been put on interim suspension pending the university's own judicial review of the case, which is scheduled to wrap up soon, said UVM spokesman Jeffrey Wakefield.

Sleigh said his clients would consider filing a defamation lawsuit, pending the outcome of any university appeal.

"I think the university proceeded in bad faith and I think it qualifies as malicious prosecution. Whether we avail ourselves of a remedy, we'll see," Sleigh said.

Contact Jill Fahy at 660-1898 or jfahy@bfp.burlingtonfreepress.com