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.
Aug 2, 2015, 6:37 PM EDT
He’s the younger brother of five-star 2017 forward Michael Porter Jr., and Michael Sr. considered joining the Washington staff this spring.
Aug 2, 2015, 5:10 PM EDT
With Vince Hunter in the professional ranks and Matt Willms dealing with a foot issue, this is an important pickup for the Miners.
Aug 2, 2015, 4:00 PM EDT
Markelle Fultz will take two official visits once he leaves adidas Nations.
Aug 2, 2015, 2:45 PM EDT
Wenyen Gabriel’s tremendous summer only got better with this off-handed throw down on a defender.
Aug 2, 2015, 1:45 PM EDT
Xavier added another piece in the 2016 class with a guard commitment.
Aug 2, 2015, 12:33 PM EDT
N.C. State added a dynamic wing scorer late in their 2015 recruiting efforts on Sunday as reclassified 6-foot-7 wing Maverick Rowan committed to the Wolfpack. A three-level scorer, Rowan was previously committed to Pitt and later backed off of his pledge to the Panthers before deciding to move up a grade by taking two summer…
Aug 2, 2015, 11:45 AM EDT
Texas A&M finished off a tremendous 2015 recruiting class with one more combo guard.
Aug 2, 2015, 10:15 AM EDT
After a rough July that included suspensions and a recruit heading to prep school, Arkansas received some good news on the first day of August.
Aug 2, 2015, 9:00 AM EDT
Brandon Childress, son of Wake Forest great Randolph Childress, was the first commit in the class for the Demon Deacons.
Aug 1, 2015, 10:01 PM EDT
The lawsuit stemmed from the incident in the spring of 2014.
Aug 1, 2015, 9:15 PM EDT
Praised for his ability as both a coach and recruiter, Beckner also helped develop Damian Lillard into a lottery pick.
Aug 1, 2015, 7:59 PM EDT
Childs played well with the Utah Prospects in Las Vegas during the final evaluation period.
Aug 1, 2015, 6:39 PM EDT
Indiana, Kentucky and St. John’s are among the ten, as many expected.
Aug 1, 2015, 5:27 PM EDT
SMU will be the headliner for this event, with the semifinals scheduled for December 22 and the third place and title games the following night.
Aug 1, 2015, 3:20 PM EDT
Former Texas A&M guard Peyton Allen is now a Shocker.
Aug 1, 2015, 1:30 PM EDT
Iowa is hoping for improvement from a sophomore forward who showed promise this summer.
Aug 1, 2015, 11:30 AM EDT
This Wisconsin rap battle is starting to spread.
Aug 1, 2015, 10:00 AM EDT
There will be 39 college counselors playing at adidas Nations this weekend.
Aug 1, 2015, 8:52 AM EDT
Is this an addition for depth, or should Kentucky be concerned about another center?
Aug 1, 2015, 8:44 AM EDT
Kentucky continues to add international pieces to its latest recruiting class.
- Five-star shooting guard focusing on ten schools 0
- Isaac Humphries is Kentucky’s insurance policy inside, but should that be concerning? 2
- Source: Isaac Humphries expected to commit to Kentucky, enroll in 2015 1
- Steady improvement turning Alize Johnson into valued Division I prospect 0
- Report: SMU’s Larry Brown up against ‘lack of coach control’ charge 1
- If the NCAA is correct, Donnie Tyndall is in big, big trouble 2
- Former Memphis forward Austin Nichols transferring to Virginia 3
- Nik Stauskas trolls Ohio State fans, claims Thad Matta didn’t know who he was (PHOTO) (6)
- Bruce Pearl on his time at Tennessee: ‘I ran a clean program’ (3)
- Another Division I coach loses their job in the wake of the Donnie Tyndall scandal (3)
- Ron Baker was the best college player for Team USA at Pan-Am Games (2)
- If the NCAA is correct, Donnie Tyndall is in big, big trouble (2)