Skip to content

Xavier looks to dismiss claims in Dez Wells lawsuit

Nov 5, 2013, 10:09 PM EDT

dezwellsmason AP

The Dez Wells saga is still ongoing at Xavier University. In August of 2012, Wells was expelled from Xavier after being accused of sexual assault. However, there was little evidence and no charges were filed. A prosecutor even called the expulsion “fundamentally unfair.”

Wells eventually landed at Maryland was granted eligibility to play last season. This past August, a year after his exit from Xavier, Wells filed a lawsuit against the university and its president Father Michael Graham. On Oct. 2, Xavier filed a motion to dismiss some of the claims in that lawsuit, according to the Washington Post, which obtained court documents.

Xavier is looking to dismiss eight of the 10 claims, according to Alex Prewitt.

Since the lawsuit was filed, Xavier has stood by its judicial ruling, promising to “vigorously defend the process and the decision” in an August statement. Despite declining to include two claims, the first footnote on Xavier’s dismissal motion “unequivocally denies” that the remaining unaddressed claims “have merit” and promises that when “procedurally appropriate, Xavier and Fr. Graham fully intend to move for judgment in their favor on any remaining claims.”

In the subsequently filed “memorandum of law in opposition,” Wells’ legal team argued that a botched discovery process and university judicial system resulted in a hasty verdict “as a result of its deliberate indifference to the evidence.”

“At a minimum, a question of fact exists as to whether Father Graham’s support for the flawed investigation and adjudication of this matter was motivated by a gender-driven bias against males,” the opposition reads.

Wells averaged 13.1 points, 4.9 rebounds and 3.0 assists per game in his first season at Maryland. He and the Terrapins on Friday against UConn at the Barclays Center in Brooklyn.

Latest Posts
  1. Penn State begins preseason training with new strength & conditioning challenge (VIDEO)

    Sep 17, 2014, 4:55 PM EDT

    Patrick Chambers Patrick Chambers

    The Nittany Lions return five of their top six scorers from a team that finished the 2013-14 season with a 16-18 record (6-12 Big Ten).

  2. Jim Boeheim calls Yahoo’s Coach K story ‘completely off-base’

    Sep 17, 2014, 4:04 PM EDT

    Jim Boeheim AP

    Jim Boeheim is not one to bite his tongue around the media.

  3. DePaul lands second front court recruit this week

    Sep 17, 2014, 1:43 PM EDT

    DMVElite 80 DMVElite 80

    Is Oliver Purnell is tapping into a D.C. pipeline?

  4. Two Missouri freshmen suspended after arrest (UPDATED)

    Sep 17, 2014, 12:15 PM EDT

    Kim Anderson AP

    Missouri will move on with team-related activities without two freshmen following an arrest.

  5. Five-star freshman JaQuan Lyle removed from Oregon roster

    Sep 17, 2014, 10:59 AM EDT

    Kelly Kline/Under Armour Kelly Kline/Under Armour

    Lyle was originally committed to Louisville before backing off.

  6. Watch Kentucky fans sprinting to line up for Big Blue Madness tickets (VIDEO)

    Sep 17, 2014, 10:03 AM EDT

    Via @J11Riley Via @J11Riley

    The rush for a good spot to wait for Big Blue Madness tickets is always entertaining.

  7. Tacko Fall, Class of 2015 7-foot-6 center, sets three visits

    Sep 16, 2014, 11:15 PM EDT

    (Nike) (Nike)

    The tallest player in high school basketball has some visits set.

  8. Arizona State cuts ties with junior college recruit following arrest

    Sep 16, 2014, 9:15 PM EDT

    jordan washington

    Arizona State has cut ties with a junior college forward and 2015 recruit was who arrested over the weekend.

  9. Bo Ryan hits golf balls into Wisconsin’s Camp Randall Stadium (PHOTO)

    Sep 16, 2014, 8:15 PM EDT

    Bo Ryan AP

    Bo Ryan shows he’s a big man on campus at Wisconsin following his Final Four appearance.

  10. Jalen Rose believes Chris Webber should apologize for what happened at Michigan

    Sep 16, 2014, 7:15 PM EDT

    AP AP

    Jalen Rose says that former teammates Chris Webber needs to apologize.

  11. Texas lands impact four-star guard in 2015 recruiting class

    Sep 16, 2014, 6:06 PM EDT

    (Kelly Kline/Under Armour) (Kelly Kline/Under Armour)

    The Longhorns pull in a commitment from a good guard in 2015.

  12. Vanderbilt fills out 2015 class with top 150 forward

    Sep 16, 2014, 5:46 PM EDT

    Kelly Kline/Under Armour Kelly Kline/Under Armour

    Kevin Stallings has earned four commitments in 2015.

  13. Thoughts on Antonio Blakeney, shoe companies and decommitments

    Sep 16, 2014, 4:44 PM EDT

    Antonio Blakeney (Nike) Antonio Blakeney (Nike)

    The five-star recruit decommitted from Louisville, and what it has to do with shoe companies.

  14. Pac-12’s conference schedule features Arizona-UCLA just once

    Sep 16, 2014, 2:55 PM EDT

    Arizona v UCLA Getty Images

    There are also a limited number of ugly road weeks.

  15. Report: Doug Wojcik’s settlement with Charleston worth six figures

    Sep 16, 2014, 11:52 AM EDT

    AP AP

    Wojcik was fired with cause for allegedly abusing his players.

  16. Top prospect in Class of 2014 signs endorsement deal with Under Armour

    Sep 16, 2014, 10:54 AM EDT

    BxqWQrkCcAAi0S1

    Mudiays $1.2 million deal with a team in China will now be significantly supplemented.

  17. Boston College point-shaving scandal portrayed in upcoming 30 for 30

    Sep 16, 2014, 9:50 AM EDT

    0216_large

    Have you ever seen ‘Goodfellas’? You’ll recognize one of the main players in this story.

  18. Mixtape of elite 2015 big man Ivan Rabb (VIDEO)

    Sep 16, 2014, 9:00 AM EDT

    cd0ymzcznguwzdbhnduynddiytjhm2yyzthlmtjjotqwyyznpti1yzy1ymy3ytizody1zwrhyzfhmme2odcxyjawntbi AP

    Ivan Rabb is one of the best centers in the country.