Offseason 2023

[Critical Thinker]

Does anyone know if there's a team or university rule about mandatory reporting of hazing? If Swankler knew about a dangerous hazing incident, and didn't tell anyone about it until it was convenient to him (as implied by the rumors), no wonder he's acting so eager to get out.

[vwfalcon]

The putting players in danger aspect is worrisome

Physical activity like doing push-ups or jumping jacks could be considered putting players in danger.

Drinking a certain quantity of water could be considered putting players in danger.

Eating one of those one chip challenge tortilla chips could be considered putting players in danger.

A scavenger hunt with locations scattered across the town could be considered putting players in danger.

A single beer could be considered putting players in danger.

Until the investigation completes, it’s all speculation.

[BG816]

Does anyone know if there's a team or university rule about mandatory reporting of hazing? If Swankler knew about a dangerous hazing incident, and didn't tell anyone about it until it was convenient to him (as implied by the rumors), no wonder he's acting so eager to get out.

Hazing
(i) Hazing means doing any of the following or pressuring, causing, forcing, soliciting, or coercing any person to do any of the following, for the purpose of initiating, admitting, or affiliating an individual into or with a student group or student organization; continuing, reinstating, or enhancing an individual’s membership or status in a student group or student organization; or perpetuating or furthering a tradition or ritual of a student group or student organization:
(a) Engage in any conduct prohibited by federal, state and/or municipal criminal law, regardless of whether an arrest is made, or criminal charges are brought;
(b) Take into their body any food, liquid (including alcohol), drug, or other substance that subjects the person to a substantial risk of mental or physical harm; and /or
(c) Cause or create a substantial risk of causing mental or physical harm to another and/or
(i)
(ii)
Adverse education action taken under University authority against a person based upon that person’s protected class.
Unwelcome verbal, nonverbal, or physical conduct directed toward a person that is based on the person’s protected class.

3341-2-28
10
(ii)
(iii)
engage in any act or omission that contributes to the death of another.
See University Policy 3341-2-49 for reporting obligations and options, investigation procedures, corrective action, and zero tolerance sanctions.
Per University Policy 3341-2-49, the following acts constitute prohibited conduct:
(a) Purposefully, knowingly, recklessly, or negligently hazing any person.
(b) Involvement in the planning of hazing and/or being present during hazing.
(c) Failing to intervene to prevent or stop hazing if the individual has knowledge of a planned hazing activity.
(d) Failing to assist or seek assistance for if the individual knows or reasonably should know that another is in danger from effects of hazing.
(e) Knowingly making a false accusation of hazing.
(f) Failing to report any information about suspected hazing if the person is required to do so.
(g) Failing to cooperate in an investigation of hazing.
(h) Retaliating against or taking adverse action towards any reporting party and/or person participating in a hazing investigation or disciplinary proceeding.

https://www.bgsu.edu/content/dam/BGSU/g ... onduct.pdf

[Flipper]

The putting players in danger aspect is worrisome

Physical activity like doing push-ups or jumping jacks could be considered putting players in danger.

Drinking a certain quantity of water could be considered putting players in danger.

Eating one of those one chip challenge tortilla chips could be considered putting players in danger.

A scavenger hunt with locations scattered across the town could be considered putting players in danger.

A single beer could be considered putting players in danger.

Until the investigation completes, it’s all speculation.

Do you honestly think any of those circumstances you listed would generate this kind of response?

[BG816]

The Code defines hazing pretty well. From a lawyer’s prospective, I’d try to determine an objective definition of “substantial risk”, among some other words and phrases. But the university’s burden of proof, preponderance of the evidence (i.e., more likely than not the violation was committed by the student), the lowest of American legal thresholds, would seem to open the terms to pretty liberal definitions.

As for the Swankler allegations, there is a duty to report any hazing, but I think it’d be prudent to wait for some clarification from the University’s probe. We certainly don’t want to smear the kid’s character having only limited hearsay and secondhand hearsay anonymously posted on a message board. I grew up “hearing” from many sources that a new basketball arena to replace Anderson Arena was to be built, and that the announcement was imminent, only to see nothing. That was frustrating, but didn’t harm anybody. Rumors concerning Swankler’s motives for making the statement he made to the Blade could very well be harmful to the young man, particularly if not the truth. Can we proceed with a little caution here?

[BG816]

The putting players in danger aspect is worrisome

Physical activity like doing push-ups or jumping jacks could be considered putting players in danger.

Drinking a certain quantity of water could be considered putting players in danger.

Eating one of those one chip challenge tortilla chips could be considered putting players in danger.

A scavenger hunt with locations scattered across the town could be considered putting players in danger.

A single beer could be considered putting players in danger.

Until the investigation completes, it’s all speculation.

Do you honestly think any of those circumstances you listed would generate this kind of response?

Right. Those circumstances don’t appear to necessarily violate the hazing code. I guess, if they are being very picky, the beer could qualify, but not under the auspices of putting the student in danger, but rather in pressuring the kid to break the law if he’s underage? Go to the source; it’s maybe one and a half pages within the Student Code of Conduct, and honestly, it’s pretty well drafted.

[jpfalcon09]

Mike McMahon penned in his blog that Eigner has retained an attorney on the matter. You can read into that however you wish.

[vwfalcon]

The putting players in danger aspect is worrisome

Physical activity like doing push-ups or jumping jacks could be considered putting players in danger.

Drinking a certain quantity of water could be considered putting players in danger.

Eating one of those one chip challenge tortilla chips could be considered putting players in danger.

A scavenger hunt with locations scattered across the town could be considered putting players in danger.

A single beer could be considered putting players in danger.

Until the investigation completes, it’s all speculation.

Do you honestly think any of those circumstances you listed would generate this kind of response?

At this university, based on recent history and also a legal settlement, yes.

They would be negligent not to after already settling for millions of dollars.

[vwfalcon]

Mike McMahon penned in his blog that Eigner has retained an attorney on the matter. You can read into that however you wish.

Why wouldn’t he? He faces possible termination. I know I would want someone advising me through the situation.

[pdt1081]

The putting players in danger aspect is worrisome

Physical activity like doing push-ups or jumping jacks could be considered putting players in danger.

Drinking a certain quantity of water could be considered putting players in danger.

Eating one of those one chip challenge tortilla chips could be considered putting players in danger.

A scavenger hunt with locations scattered across the town could be considered putting players in danger.

A single beer could be considered putting players in danger.

Until the investigation completes, it’s all speculation.

Do you honestly think any of those circumstances you listed would generate this kind of response?

I would expect a 1000% over reaction from this school over anything that could be construed as the H word. And if I was placed on leave over it, I would 100% be lawyered up within 24 hours.

[pdt1081]

Mike McMahon penned in his blog that Eigner has retained an attorney on the matter. You can read into that however you wish.

Why wouldn’t he? He faces possible termination. I know I would want someone advising me through the situation.

Ty is also an Alumna. Which means anything referred to as "tradition" directly reflects on him, whether that was tradition while he was a player or not.

[Flipper]

The putting players in danger aspect is worrisome

Physical activity like doing push-ups or jumping jacks could be considered putting players in danger.

Drinking a certain quantity of water could be considered putting players in danger.

Eating one of those one chip challenge tortilla chips could be considered putting players in danger.

A scavenger hunt with locations scattered across the town could be considered putting players in danger.

A single beer could be considered putting players in danger.

Until the investigation completes, it’s all speculation.

Do you honestly think any of those circumstances you listed would generate this kind of response?

I would expect a 1000% over reaction from this school over anything that could be construed as the H word. And if I was placed on leave over it, I would 100% be lawyered up within 24 hours.

Only an idiot would proceed in this matter without legal counsel...they didn't suspend him because they don't think there's a problem. My concern is the wording re substantial risk for player injury...that's fairly strongly worded statement

[vwfalcon]

The putting players in danger aspect is worrisome

Physical activity like doing push-ups or jumping jacks could be considered putting players in danger.

Drinking a certain quantity of water could be considered putting players in danger.

Eating one of those one chip challenge tortilla chips could be considered putting players in danger.

A scavenger hunt with locations scattered across the town could be considered putting players in danger.

A single beer could be considered putting players in danger.

Until the investigation completes, it’s all speculation.

Do you honestly think any of those circumstances you listed would generate this kind of response?

I would expect a 1000% over reaction from this school over anything that could be construed as the H word. And if I was placed on leave over it, I would 100% be lawyered up within 24 hours.

Only an idiot would proceed in this matter without legal counsel...they didn't suspend him because they don't think there's a problem. My concern is the wording re substantial risk for player injury...that's fairly strongly worded statement

Again… due to the recent events, the wording HAS to be strong. They would look negligent if it wasn’t worded that way.

I can tell you for a fact that nobody was injured or hospitalized from whatever may or may not have happened at the event in question.

If even 1 beer was consumed, that would explain the wording.

[unfalconbelievable]

Swankler to Michigan Tech with an NIL deal of 52,000 for two years.

More salt in the wound. I was hoping he'd atleast go to someone we don't play.

[pdt1081]

Swankler to Michigan Tech with an NIL deal of 52,000 for two years.

More salt in the wound. I was hoping he'd atleast go to someone we don't play.

Time to start looking up the penalty minute records.