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I think they would be very hard pressed to prove mandatory physical training is hazing. Now why do I say that?
Unless they had asthma or some other physical disability that prevented them from working out, it's something that is good for them. Running maybe a mile and a half a couple times a week isn't going to harm you, it will increase your lung capacity and make everyday living easier.
The way it would be set up is to inform the pledges at pre-rush and rush that it's part of chapter life, that the chapter is dedicated to a basic level of physical fitness. If they don't like it, they could always look for other fraternities, just like any other time.
Could you imagine a law suit? "Complainant advised he had been made to run a mile with other associates and members of the fraternity. He had been wearing comfortable shoes and had a digital music player strapped to his arm as well."
I just don't see how it could be hazing. Who wouldn't want to improve their fitness, their quality of life, and possibly even their social standing when they are in better shape and have much more confidence than they had for themselves previously?
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