You want to assume that the lawsuit filed by a former UVA wide receiver alleging hazing in the program is just going to go away.
Here’s how it’s not: the black eye.
Literally, the program has a black eye, manifest on the face of the former freshman wideout, Aidan Howard, who was injured in an Aug. 12 incident described in the lawsuit as resembling the main event at WWE WrestleMania, complete with music and ring introductions.
Howard said in the suit that he felt compelled to take part in the fight with a fellow player, Hasise Dubois, which ended with Howard suffering an eye injury, later diagnosed as a broken orbital bone.
His father requested his release from his national letter of intent a week later, and Howard transferred to FCS Robert Morris with the intent of beginning his football career there.
The orbital bone injury ended up requiring surgery, ending his 2016 season, and maybe his career.
You can argue what you want about what else the suit filed on behalf of Howard alleges about the culture of UVA football, but you can’t argue the eye injury. UVA granted his release, noting that it was because of “conduct of others within the university,” with no further comment.
Call that your smoking gun.
It will be hard for UVA to argue from here, with the notation in the release, that Howard’s injury was suffered as a result of football contact. At this stage, the only defense, presumably, is that Howard and Dubois engaged in a fight of their own accord.
The quick and easy way to determine that will be to get Dubois on the record, and you can be sure that he will have multiple opportunities to do so, first in a deposition in the civil case brought by Howard, unless whatever internal investigation UVA does and then the expected NCAA investigation that you can guarantee is forthcoming get there first.
And don’t rule out a criminal investigation. It has been alleged that Howard and Dubois were prodded by teammates and perhaps coaches to fight, and Howard suffered a serious, perhaps career-ending injury as a result. It’s not hard to imagine that screws can easily be turned in terms of a criminal investigation against anyone alleged to have participated, directly in the case of Dubois, or indirectly in the case of those who are said to have arranged the fight, played music and made the ring introductions, maybe also those who cheered from their ringside seats, as they were.
Anyone who has watched Law and Order knows the routine: you present the facts as known to those alleged to have played any role in the fight, you remind them that there are differences between misdemeanors and felonies, that scholarships can be fleeting in the face of convictions in either case, that there’s this interesting concept called immunity that can protect you if you are willing to talk truthfully, and, well, there you go.
Because we all know where this is headed. This lawsuit wasn’t filed to enrich the Howard family bottom line. The suit seeks just $75,000 in damages, the amount necessary under federal civil rules of procedure for a case to proceed.
The family just wants an acknowledgement that what happened happened, and some sense of accountability enforced on those involved based upon that acknowledgement.
Two players are named in the suit, Doni Dowling and David Eldridge. Missing, significantly, is the name of Dubois. Two coaches are named in the suit, Marques Hagans and Famika Anae.
Also named in the suit are athletics director Craig Littlepage and UVA president Teresa Sullivan.
Missing, significantly, is the name of head coach Bronco Mendenhall.
The attorney for the Howard family has suggested in media interviews that the reason Mendenhall was left out of the suit is because it isn’t known what he knew about the situation.
But that will change, obviously, as the layers get peeled back, beginning with a thorough investigation of the Aug. 12 incident and branching out from there.
However it turns out ultimately, it’s not going to end well for Mendenhall.
Best case at this point, we find out that he has no control over the day-to-day operations of his program, to a point where players and low-level assistants are allowed free rein to Full Metal Jacket the most vulnerable amongst them.
That’s such a weak best case that we really don’t even need to consider the worst case.
The lawsuit is about accountability. Keep that in mind.
Column by Chris Graham
Share
Contributors
