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Hazing Charges Thrown Out --- PC Run Amok?

Burlington, Vermont - November 28, 2006

Was it political correctness run amok? UVM police charged several frat brothers with hazing -- but today the case did not hold up in court

This was the first use of Vermont's two year old law that makes student hazing a civil offense punishable by a $1,000 ticket.

The law says authorities have to prove that the hazing could or did cause physical or mental harm to someone. The judge in this case ruled there was no evidence of any kind to support the claim made by UVM officials and police.

Magistrate Charon True of the Judicial Court said :"The evidence that I have in front of me does not meet the statutory requirement of proving hazing by clear and convincing evidence."

With that Magistrate Charon True dismissed the hazing charges filed eight months ago against the top officers of the FIJI fraternity. UVM officials suspended the fraternity based on rumors the pledges had been forced to dress up as Brokeback Mountain cowboys -- subjected to homophobic insults -- and forced to drink at a party in February,

Police then investigated and claimed the evidence confirmed the rumors.

But Tuesday in court -- with the four frat officers not present -- a judge threw out the hazing charges.

"There is no evidence of how much anybody drank. If drinking is the issue not the wearing of clothing suggestive of the principal characters in Brokeback Mountain, then I guess I've missed something," said the judge.

Lawyers for the frat officers said they had known from the outset the charges were foolish.

Dave Sleigh, one of the Defense Attorneys, said:  "It was apparent given their best shot they didn't have anything and this case should never have been filed."

His colleague, Brad Stetler, added : "It's not yet illegal in Vermont to offend somebody but apparently the University has taken that position in this case that's where they went wrong."

Captain Lianne Tuomey of UVM Police services defended her departments actions saying they merely enforced the law as they saw it. 

Brian Joyce -- Channel 3 News