Five former University of Virginia swim team members, who have been accused of hazing, are asking for a dismissal of the civil charges.

The Daily Progress of Charlottesville, Va., first reported that Anthony Marcantonio filed the suit in June against his upperclassman team members: Kyle Dudzinski, Luke Papendick, Charles Rommel, David Ingraham and Jacob Pearce. He alleges that they hazed him during “Welcome Week” in August 2014 where he and other first-year swim team members where forced to participate in a number of activities, including ingesting a live goldfish, alcoholic beverages and a mixture of milk and prune juice. These activities led to charges that include hazing, false imprisonment, assault, battery, conspiracy, and intentional infliction of emotional distress.

Attorneys for the upperclassman dismiss the idea that Marcantonio was subject to any form of bodily injury, which is necessary to make a case for hazing. They also poked holes in the allegations for conspiracy and false imprisonment, citing that at no time did Marcantonio attempt to leave the house where the activities allegedly took place.

Marcantonio has since transferred to Northwestern University.

Judge Norman K. Moon is expected to make a decision on the motion in two to three weeks. Read More