Aug 20, 2013, 11:39 PM EDT
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.
Mar 9, 2014, 11:09 PM EDT
Catch up on all of today’s bubble action. Is Nebraska a lock after beating Wisconsin? Can St. Joseph’s still dance after losing to La Salle?
Mar 9, 2014, 10:22 PM EDT
Picked to finish last in the Big Ten’s preseason poll, Nebraska moved closer to its first NCAA tournament appearance since 1998 with a win over No. 9 Wisconsin.
Mar 9, 2014, 9:26 PM EDT
William & Mary beats Towson, moving to within 40 minutes of their first NCAA tournament berth.
Mar 9, 2014, 8:50 PM EDT
No. 22 Michigan State’s late-game execution left much to be desired on Sunday.
Mar 9, 2014, 7:39 PM EDT
After winning three straight games Ohio State dropped road games at Penn State and Indiana, falling out of the national polls and finding themselves in danger of not receiving a first-round bye in next week’s Big Ten tournament as a result. The Buckeyes’ game against No. 22 Michigan State was also Senior Day for a…
Mar 9, 2014, 7:38 PM EDT
Did she say yes?
Mar 9, 2014, 6:31 PM EDT
Since joining the Colonial Athletic Association in 2001 the Delaware Fightin’ Blue Hens had never made an appearance in the CAA tournament title game. That will change on Monday night, as the top-seeded Fightin’ Blue Hens (24-9, 14-2) beat Northeastern 87-74 in a CAA tournament semifinal on Sunday afternoon. Davon Usher led five players in…
Mar 9, 2014, 5:16 PM EDT
Get to know the fifth entry into the 2014 NCAA Tournament field, the Mercer Bears
Mar 9, 2014, 5:01 PM EDT
The Missouri Valley Conference had an unfortunate mistake in the t-shirts that they gave Wichita State for winning the conference tournament.
Mar 9, 2014, 4:54 PM EDT
Wichita State Shockers will head into the NCAA tournament at 34-0, the first team to be undefeated on Selection Sunday in 23 years.
Mar 9, 2014, 4:49 PM EDT
The CAA Tournament semifinals will take place on Sunday afternoon in Baltimore. Towson and Williams & Mary will tip off at roughly 5:00 p.m. You can watch the game live on NBC Sports Live Extra. The first semi was won by CAA regular season champion Delaware who beat a Northeastern team that can count a win over…
Mar 9, 2014, 4:27 PM EDT
For the first time in what feels like a month, No. 7 Syracuse looked like a team capable of putting together a run to the Final Four. The Orange got 22 points, seven boards and four steals from C.J. Fair as they went into Tallahassee and knocked off Florida State, 74-58. The big news for…
Mar 9, 2014, 4:08 PM EDT
Jordair Jett helped snap a three-game losing streak while also delivering Saint Louis the Atlantic 10 regular season title with a last-second win over UMass.
Mar 9, 2014, 3:33 PM EDT
Former Secretary of State Condoleezza Rice attended a fundraiser for Senate Republican leader Mitch McConnell, a senator from Kentucky, at Rupp Arena on Thursday. She found time to pay a visit to the Kentucky locker room and snap a photo with a couple members of the team and visit with John Calipari:
Mar 9, 2014, 3:17 PM EDT
In recent years the East Division has dominated the MAC, with the last nine winners of the automatic bid coming from that division. But the power was in the West this year, with Western Michigan and Toledo finishing with matching 14-4 conference records. As a result those two get byes to the semifinals, with three-seed…
Mar 9, 2014, 2:47 PM EDT
No. 5 Virginia lost their first game since January. Just how concerned should be be about the Cavaliers? Are they still in contention for a No. 1 seed?
Mar 9, 2014, 2:12 PM EDT
Get to know the second entry into the 2014 NCAA Tournament field, the Coastal Carolina Chanticleers.
Mar 9, 2014, 2:08 PM EDT
The CAA Tournament semifinal will take place on Sunday afternoon in Baltimore. The first semi will be between CAA regular season champion Delaware and a Northeastern team that can count a win over Georgetown on their resume. You can watch the game live on NBC Sports Live Extra. The first semifinal will tip off at…
Mar 9, 2014, 1:15 PM EDT
MEAC favorite North Carolina Central looks to avoid the chaos of last season’s tournament, in which the top three seeds all lost in the quarterfinals.
Mar 9, 2014, 1:05 PM EDT
The sophomore forward is still unsure if he will return to action this season, only appearing in eight games due to a back injury.
- Bubble Banter: Nebraska’s marquee win, St. Joseph’s problematic loss 0
- Turnovers help Ohio State beat No. 22 Michigan State in regular season finale 1
- Wichita State will head into the NCAA tournament 34-0 as a No. 1 seed 7
- Jabari Parker, Rodney Hood score 54 in No. 4 Duke’s win over No. 14 UNC 0
- Bubble Banter: Oregon, Tennessee headline Saturday’s early winners 0
- Creighton’s Doug McDermott scores his 3,000th point (VIDEO) 0
- Oregon’s big win over No. 3 Arizona caps impressive regular season turnaround 1
- No. 7 Syracuse falls to Georgia Tech in a shocking home loss (9)
- Wichita State will head into the NCAA tournament 34-0 as a No. 1 seed (7)
- College Basketball Talk’s latest Top 25 (6)
- Assigned Reading: Dean Smith’s health continues to deteriorate (6)
- South Carolina suspends Frank Martin for regular season finale at Mississippi State (5)