Skip to content

Report: Dez Wells files lawsuit against Xavier in federal court

Aug 20, 2013, 11:39 PM EDT

Dez Wells2 AP

Maryland guard Dez Wells has filed a lawsuit against Xavier, his former school, and the school’s president, Father Michael Graham, in federal court seeking damages for what Wells alleges was a wrongful expulsion last summer.

The lawsuit was first reported by Dan Wetzel of Yahoo! Sports.

According to Wetzel, Wells alleges in the suit that Xavier failed to follow their own policies when they expelled him following a false allegation of a sexual assault.

“From the moment this nightmare began, I’ve been trying to get everyone to understand that I am innocent,” Wells said in a statement given to Yahoo! by his attorney Peter Ginsberg. “The supposed leaders at Xavier destroyed my reputation. It needs to make this right. Xavier needs to set the record straight.”

A quick summation of what happened last summer: Wells was accused of sexually assaulting a student, which resulted in his expulsion from the University. But there was so little evidence that local prosecutors not only declined to file charges, but they went to the media to voice their displeasure with how Xavier handled the case. Hamilton (OH) County prosecutor Joseph Deters called in “fundamentally unfair” and “seriously flawed”.

A week after the news broke, Wells told CBSSports.com the same story that is in the lawsuit. A game of ‘Truth or Dare’ led Wells’ accuser bringing him back to her room, where she asked him if he had a condom before they had sex. The next day, she reported to campus police that she had been sexually assaulted. Cincinnati police investigated but declined to press charges. Deters still decided to look into the case, which is where the crux of Wells’ lawsuit begins. From Yahoo!:

Deters, according to the suit, quickly “developed serious concerns about [the] truthfulness of the allegations.” He left messages with Father Graham, the Xavier president, in an effort to convey those concerns but the messages were not returned, the suit alleges. He later discussed with another Xavier official and instructed his concerns be passed on Graham.

Before the prosecutor finished his work and a grand jury cleared Wells, however, the player was called before Xavier’s University Conduct Board, where the lawsuit alleges a group of administrators, faculty and students “impermissibly placed the burden on Wells to prove his innocence.”

The suit runs through a litany of what it alleges are breaches of the UCB rules and procedures. It also hammers the group for either dismissing or ignoring the concerns of the prosecutor’s office, failing to wait for “vital laboratory tests” and allowing for just a brief, two-day appeal process. It also alleged UCB members “had received woefully inadequate training” to make a ruling on these kinds of cases.

The complicating factor here was that Xavier was already being investigated for the way that they had handled previous sexual assault allegations. As Ginsberg told Yahoo! Sports, “it was much more anxious to appease the Department of Education then satisfy its own obligations to fairness for its own students. Unfortunately, Dez was the sacrificial lamb,” He also added, “it should have been clear to university officials on their own that the accusations were fictitious.”

None of the information that Wetzel provided about the lawsuit that Wells filed is new.

It’s not a secret that Wells — and many others, including this writer — believes that he was railroaded by a University that was looking to cover their own behind.

Kudos to Wells for bringing the fight to them.

A sexual assault allegation is serious. An expulsion as a result is even more so. The fact that Wells is a public figure who will forever be one simple google search away from being assumed to be a rapist is tragic and unfair.

Xavier owed it to him to be more diligent.

Latest Posts
  1. Top 25 Countdown: No. 12 Wichita State

    Oct 23, 2014, 9:59 AM EDT

    Ron Baker, Fred VanVleet, Cleanthony Early

    The Shockers went to the Final Four in 2013 and undefeated in 2014. What is next for them?

  2. South Dakota State’s Cody Larson thrives despite return home amidst unmet expectations

    Oct 22, 2014, 10:46 PM EDT

    Cody Larson (AP Photo) Cody Larson (AP Photo)

    Cody Larson was South Dakotas Next Big Thing. He returned in infamy, but that has not stopped him from succeeding.

  3. Wisconsin raises more than $276,000 for cancer research

    Oct 22, 2014, 10:14 PM EDT

    Bo Ryan Bo Ryan

    Wisconsin held its third annual “Shooting Down Cancer” event Wednesday, with their goal being to #MakeBoPay.

  4. Two Memphis players to miss practice time for health reasons

    Oct 22, 2014, 9:13 PM EDT

    Austin Nichols AP

    Austin Nichols is the reigning American Athletic Conference ROY, and sophomore Avery Woodson is expected to compete for minutes in a crowded by inexperienced backcourt.

  5. Fresno State guard knocks down five straight half-court shots (VIDEO)

    Oct 22, 2014, 7:03 PM EDT

    Cezar Guerrero Cezar Guerrero

    Cezar Guerrero knocked down five straight from half-court during the team’s Red and White Hoops Night event Tuesday.

  6. Newcomer’s knee issue stretches Oregon’s thin rotation even further

    Oct 22, 2014, 6:43 PM EDT

    altman AP

    Oregon didn’t have much depth to begin with due to various personnel issues, so Michael Chandler’s lingering knee problem is a major concern.

  7. Bruce Pearl invades marketing class to promote ‘Pearl Jam’ (VIDEO)

    Oct 22, 2014, 5:00 PM EDT

    AP Photo AP

    People don’t come more intense than Bruce Pearl.

  8. Three-star guard commits to SMU, reclassifies to 2016

    Oct 22, 2014, 4:25 PM EDT

    Larry Brown Larry Brown

    Given SMU’s depth on the perimeter, LaGerald Vick’s decision to move back in classes will help both parties in the future.

  9. 2014-15 Season Preview: 20 Impact Freshmen

    Oct 22, 2014, 4:06 PM EDT

    Justin Jackson (left) and Jahlil Okafor (right) at the McDonald's All-American Game Justin Jackson (left) and Jahlil Okafor (right) at the McDonald's All-American Game

    College basketball will have plenty of impact freshmen this season. Here’s a look at some that could step in and contribute right away.

  10. Report: Texas plans to start paying their athletes $10,000 stipend

    Oct 22, 2014, 3:18 PM EDT

    Rick Barnes AP

    The Longhorns are the first school in the country to do this.

  11. Stanford lands a commitment from four-star seven-footer

    Oct 22, 2014, 2:55 PM EDT

    dawkins Getty Images

    The Cardinal now have three four-star recruits in the Class of 2015.

  12. UNC investigation states bogus classes pushed by academic counselors to athletes

    Oct 22, 2014, 2:09 PM EDT

    Roy Williams Getty Images

    Wednesday’s report is much more damning than either of the previous two that have been released.

  13. SEC preseason media poll and all-SEC team announced

    Oct 22, 2014, 1:00 PM EDT

    SEClogo

    There is one big name that wasn’t named to the preseason first team.

  14. 2014-2015 Season Preview: NDSU, SDSU take step back in Summit League hierarchy

    Oct 22, 2014, 12:00 PM EDT

    Scott Sutton (AP Photo) Scott Sutton (AP Photo)

    The top half of the Summit League will be a tight race all season long.

  15. The Big East releases their preseason poll, all-league teams

    Oct 22, 2014, 11:00 AM EDT

    BigEastLogo

    The Big East coaches love Villanova, but are they sleeping on Marquette?

  16. Report: ULM freshman charged with rape

    Oct 22, 2014, 10:00 AM EDT

    keith richard AP

    ULM has some off-the-court issues to address with the season looming.

  17. Top 25 Countdown: No. 13 VCU Rams

    Oct 22, 2014, 9:00 AM EDT

    Treveon Graham (AP Photo) Treveon Graham (AP Photo)

    Fun fact about Shaka Smart: He has still never won a conference regular season title.

  18. Report: Stanford guard to miss action with a broken wrist

    Oct 21, 2014, 11:00 PM EDT

    Pac 12 Basketball Tournament - Stanford v California Getty Images

    Stanford’s back court depth took a hit this week.

  19. James Madison announces suspensions for two players

    Oct 21, 2014, 9:45 PM EDT

    Getty Images Getty Images

    Suspensions have been handed down for two James Madison players involved in a fall altercation.

  20. Nebraska lands commitment from 2016 forward

    Oct 21, 2014, 8:38 PM EDT

    Tim Miles AP

    Nebraska has been recruiting the state of Illinois very hard and it paid off with a 2016 commitment.