BURLINGTON, VERMONT - A judge has dismissed hazing charges against four University of Vermont fraternity members accused of making prospective members wear cowboy outfits while they were taunted with homophobic language.Vermont Judicial Bureau Judge Charon True ruled police hadn't proved the allegations. The Judicial Bureau handles traffic violations and other civil complaints, including hazing violations.
"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 the students' attorney, David Sleigh. "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."
UVM officials are considering an appeal.
"I'm confident that we understood the law and the context of the case. We have until January 7 to appeal," said UVM Police Chief Gary Margolis. "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."
The four students -- Scott Curley of Bridgewater, Mass.; Eric Freedman of West Simsbury, Conn.; Bill Holohan of Branford, Conn.; and Geoffrey Robinson of Middletown Springs -- were given civil tickets in May after a police investigation into a March 2 party at the Phi Gamma Delta fraternity in Burlington. Witnesses told police the theme of the party was the film "Brokeback Mountain," which has a gay theme.
The fraternity has been placed on interim suspension pending the university's review of the case, said UVM spokesman Jeffrey Wakefield.
The Vermont Legislature passed its anti-hazing law in 2000, a year after UVM upper-class hockey players forced freshman to drink warm beer until they vomited and hold each other's genitals.
from The Boston Globe
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