Victim of alleged hazing responsible for own injuries due to 'negligence,' St. Joseph's University says in filing
St. Joseph’s University in Patchogue. Credit: Newsday/James Carbone
A former member of the baseball team at St. Joseph’s University in Patchogue, who alleged in a July lawsuit that he was forced to strip naked and was assaulted and hazed by his teammates during a team trip, is responsible for his own injuries, the school said in court papers.
In Oct. 16 court filings in response to the lawsuit, the private Catholic university and two of its coaches denied the allegations and added that if the student was injured during the alleged hazing, it was due to his own "carelessness, negligence or want of care."
The July 14 suit, which was filed in State Supreme Court in Suffolk County on behalf of an 18-year-old Manorville resident who Newsday is not identifying because he is the victim of alleged hazing, named the university, the baseball team's head coach Thomas Caputo, assistant coach Elliot Robles and 30 yet unidentified members of the team.
The complaint makes claims of negligence, negligent supervision of student athletes, negligent hiring, retention and supervision of the coaching staff, assault and battery, intentional and negligent infliction of emotional distress and breach of contract.
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A former member of the baseball team at St. Joseph's University in Patchogue, who alleges he was forced to strip naked and hazed by his teammates during a team trip, is responsible for his own injuries, the school said in court papers.
In July, the student alleged in a lawsuit that he was assaulted during a March 5 team trip and forced to stand exposed while covering himself with only a plastic cup. He refused and the incident lead to a fight with teammates.
In Oct. 16 court filings in response to the lawsuit, the private Catholic university denied the allegations and said that if the student was injured during the alleged hazing, it was due to his own "carelessness, negligence or want of care."
In response to the lawsuit, attorneys for the school denied virtually all of the allegations and added that if the student was hurt during the incident, "such injuries and damages were caused, in whole or in part, or were contributed to by reason of the carelessness, negligence or want of care on the part of plaintiff, and not by ... St. Joseph's University."
Laurie Bloom, an attorney for the university, said "St. Joseph’s University denies the allegations against it and will continue to address these allegations through the appropriate legal process."
The "affirmative defense" language used by St. Joseph's is a standard legal approach seen in many civil cases, records show.
"Blaming the victim for their failures is not only absurd, but it is this exact attitude that allows hazing to fester," said Ronkonkoma-based attorney Mike Della, who represents the student. "Make no mistake about it, this comes from the top and trickles down. My client’s college baseball career is over and the University victim-shames instead of taking accountability, and doing all they can to prevent this from happening again. Universities must do better."
The complaint, which seeks unspecified financial damages, said the student was pressured to strip naked during a March 5 team trip and stand exposed before his teammates while covering himself with only a plastic cup. He declined to strip naked, the suit states.
On that day, the St. Joseph's Golden Eagles, a Division III team, were in Myrtle Beach, South Carolina, playing Neumann University, according to the team's website.
During the trip, the plaintiff was "forcibly attacked by teammates," the suit states. "Among other acts, teammates forcibly placed dirty underwear on plaintiff's face and physically accosted him. Plaintiff was humiliated, threatened, intimidated, and physically assaulted, was placed in fear for his safety, and attempted to defend himself from the attack."
The hazing was restricted to freshmen athletes on the team, Della said.
The student, Della has said, fought back and a fight ensued that was eventually broken up by other teammates.
St. Joseph's internal investigation of the incident corroborated the victim's account and Caputo — who has served as head coach of the Golden Eagles since 2022 — told the plaintiff privately that witness statements were consistent with his version of events, the suit alleged.
But Della said his client was the only one suspended for his role in the altercation, while others were not punished.
The student remains at the university but has given up baseball, Della said.
The lawsuit does not allege Caputo or Robles physically participated in the assault but contends university officials knew or should have known about prior hazing and failed to adequately supervise players or enforce St. Joseph's anti-hazing policies.
Following the March incident, Caputo told the victim's parents that, on a team trip during a previous season, members of the baseball team had attempted to kick down the door of a hotel room.
"Members of the baseball team also engaged in a practice of physically restraining and holding down teammates against their will, and such conduct was known within the baseball program," the suit states.
Attorneys for the university plan to depose the student on Feb. 27 in Uniondale.
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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