Mar 13, 2014, 11:54 AM EST
On Tuesday, U.S. District Court Judge Arthur Spiegel ruled against Xavier’s motion to dismiss a lawsuit that former guard Dez Wells filed against the university.
Wells, who now plays at Maryland, was expelled from Xavier after he was alleged to have committed a sexual assault. The lawsuit alleges 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 at the time the suit was filed. “The supposed leaders at Xavier destroyed my reputation. It needs to make this right. Xavier needs to set the record straight.”
Judge Spiegel threw out Wells’ attempts to get the expulsion vacated because the statute of limitations had passed, but he refused to toss out Wells’ claims of libel, breach of contract, emotional distress and a violation of Title IX anti-discrimination laws.
“We’re pleased that the court dismissed a number of the claims at this point,” Xavier said in a statement. “The Court’s decision was based solelyon the facts as alleged by Mr. Wells and his lawyers in their Amended Complaint, as is required by Court Rules at this early stage in thelitigation. After the actual facts are disclosed to the Court, we are confident that the result will vindicate Xavier.”
- JayVaughn Pinkston’s block gives No. 12 Villanova a win over No. 19 Michigan (VIDEO) 0
- Maryland upsets No. 13 Iowa State as fearless freshmen mix with gritty veterans for balanced effort 0
- Rondae Hollis-Jefferson’s selflessness during the Maui Invitational will help No. 3 Arizona in the long run 0
- Player of the Year Power Rankings: A familiar face on top, but a few surprises behind him 0
- Ricky Doyle secures 70-63 win for No. 19 Michigan over Oregon in Legends Classic 0
- Villanova’s win is evidence of why VCU may have peaked as a basketball program 13
- Mike Brey was excited about Notre Dame’s loss because the Irish have their closer back 1
- Poll: 54 percent of people think Kentucky beats the 76ers, 54 percent of people are dumb (31)
- Villanova’s win is evidence of why VCU may have peaked as a basketball program (13)
- College Basketball Talk’s latest top 25: Kentucky reigns, but how far will Kansas, Florida slide? (5)
- Rick Pitino on blow out win: ‘We played four white guys and an Egyptian’ (4)
- After getting embarrassed by No. 1 Kentucky, where does No. 5 Kansas go from here? (3)