UA lawyers say former swim coach Rick DeMont's words were 'taken out of context'

Lawyers for the University of Arizona said that former swimming coach Rick DeMont’s words were taken out of context in a lawsuit filed last year by a former member of the swim team.

Nicholas Hogsed is suing the Arizona Board of Regents for negligence, negligent infliction of emotional distress and intentional infliction of emotional distress, saying that DeMont retaliated against him after he reported a violent assault by a teammate.

The lawsuit was initially filed in Pima County Superior Court in August, but was amended in December to include new details of the Aug. 21, 2016, attack, court documents show.

Hogsed says in the suit that he was attacked by a teammate who seemed to be “heavily intoxicated” on alcohol, drugs or a combination of both.

The attacker — who is not named in the lawsuit — charged Hogsed in an unsuccessful attempt to knock him over, the lawsuit says. When Hogsed didn’t fall, the attacker punched him in the eye, grabbed him by the neck and threw him to the ground, where he held Hogsed in a choke hold while continuing to punch him in the face, the lawsuit says.

Another teammate pulled the attacker off Hogsed, fearing that the attack wouldn’t stop until Hogsed was unconscious and left with permanent head trauma, the lawsuit says. A witness said that the attacker was “on a rampage,” according to the lawsuit.

Hogsed, who was left with a black eye, ruptured blood vessels in his eyes, scraped knees, shins and hands and a bite mark on his right arm, was hospitalized for his injuries but reported the assault to the UA’s dean of students office and the men’s swimming coaches, including DeMont, the lawsuit says.

Instead of addressing the assault or counseling Hogsed, DeMont retaliated against him during the course of the semester by repeatedly blaming, demeaning and belittling him for reporting the incident to school officials, according to the lawsuit.

Hogsed continued to seek DeMont’s advice on how to improve the deteriorating environment on the swim team, the lawsuit says. During multiple meetings between the two, DeMont humiliated and degraded Hogsed, telling him to “man up” and that his improved swimming times were “not even good, like 40 years ago,” the lawsuit says.

At the UA’s sports psychologist’s suggestion, Hogsed eventually requested time off to go home. DeMont told him that he was “not facing the (expletive) problem,” causing Hogsed to feel like “he was unable to go home to remove himself from the increasingly distressing environment,” the lawsuit says.

“Other teammates noticed the wrongful treatment of (Hogsed), seeing that (Hogsed) was harassed and ridiculed by the coaching staff while his attacker was protected by DeMont due to his talent as a swimmer,” the lawsuit says. “However, out of fear of retaliation against them by DeMont, (Hogsed’s) teammates complied with DeMont’s orders.”

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Eventually, Hogsed’s roomates — also his teammates — began acting aggressively towards him at the home, including kicking in Hogsed’s bedroom door and vandalizing his scooter with food from the kitchen, according to the suit.

DeMont told Hogsed before the start of his final race that he hoped Hogsed “didn’t die” since he always “gave up” during the second half of his races, the suit stated. Hogsed eventually began to seek a transfer to another school, which DeMont said he’d grant only if Hogsed dropped his complaint with the dean of students office, according to the lawsuit.

In December 2016, Hogsed left the UA. In the months leading up to his departure, he lost weight, suffered from anxiety, sleep disruption, stomach sickness, stress and headaches, the lawsuit says.

In the UA’s response to the lawsuit, filed Jan. 16, Assistant Attorney General Robert McCright said that while the UA is liable for DeMont’s actions “to the extent that he was acting in the course and scope of his employment,” DeMont didn’t cause Hogsed to suffer any injuries.

The UA said Hogsed recorded DeMont without his knowledge during private meetings during which DeMont “spoke frankly as a coach” about Hogsed’s “recurring problems as a swimmer and member of the swim team.”

“DeMont’s words have been taken out of context and (the UA) denies that his comments had the motives or effects alleged or implied in the amended complaint,” the UA’s response said.

Hogsed ultimately received the scholarship release he’d asked for “in a timely manner” and didn’t have to withdraw his dean of students complaint, the UA said in its response.

Hogsed now attends Ohio State, where he is a junior on the swim team.

Last February, Hogsed’s attorney filed a preliminary claim with the Arizona Board of Regents, offering to settle the complaint for $850,000. A claim is the precursor to a lawsuit.

The lawsuit does not specify a dollar amount.