The federal lawsuit filed last year by former swim team member Collin Craig against WKU coaches, athletic administration and members of the swim team has been delayed with motions of dismissal.

Craig’s allegations of hazing and assault started the Title IX investigation that led to the five-year suspension of the team beginning in 2015.

Craig, who no longer attends WKU, filed a lawsuit against athletic director Todd Stewart, former swim team head coach Bruce Marchionda, an associate head coach, two assistant athletic directors and three former swim team members. The lawsuit claims negligence from all of the defendants, in addition to charges of assault, battery and infliction of emotional distress.

While the alleged incidents of hazing and harassment detailed in the complaint fall far short of the conduct WKU expects of its students, WKU is under no duty to police its students at all times wherever they might be.

On Jan. 11, the lawyer representing the athletic director and coaches, Thomas Kerrick, filed a motion to dismiss all claims on behalf of the WKU defendants.

“While the alleged incidents of hazing and harassment detailed in the complaint fall far short of the conduct WKU expects of its students, WKU is under no duty to police its students at all times wherever they might be,” Kerrick said in the argument for the dismissal of the claims. “To impose such a duty on WKU and its staff – or any other university – would fundamentally change the relationship between the university and its students, removing from the students all semblances of privacy and freedom to grow and mature while attending college.”

Kerrick was contacted for comment, but did not respond in time for publication.

Since Jan. 11, there have been several extensions and motions filed by both the defendant and plaintiffs. The extensions are for the defendant and plaintiffs to voice their support or opposition for the motion to dismiss the case.

Currently, Craig has until March 31 to respond to the motion to dismiss the claims. Tyler Groneck, a former swim team member involved in the lawsuit, also has until March 31 to “file a reply in support of his motion to dismiss” the lawsuit, according to PacerMonitor, a federal court case tracking website.

University general counsel Deborah Wilkins said that there were currently no updates to the lawsuit as of March 28.