University of Maryland basketball standout Dez Wells has sued the school he originally played for, Xavier University, claiming that it essentially blackballed him for a crime he did not commit, leading to his expulsion from the school and ongoing heckling from fans while at Maryland.
Wells was a highly touted recruit when he arrived at Xavier for the 2011-12 season. But it didn’t take long for things to turn sour. First, he was suspended for his role in an infamous brawl that involved Xavier and its rival, the University of Cincinnati.
But it was incident in July of 2012 involving a coed that would serve as the impetus for the instant controversy. The female student alleged that Wells had raped her in her dorm room. Wells countered that the two had had consensual sex after playing a “truth or dare” game with others, which involved stripping.
After hearing the evidence, a Hamilton County grand jury opted not to move forward with the case. Local prosecutor Joe Deters went so far as to urge Xavier to “revisit” the situation.
Nevertheless, Xavier expelled him, citing a “serious violation” of the code of conduct. With no place to play, Wells appealed to the NCAA to waive its standard rule that requires student athletes transferring to another school to sit out a year. The NCAA granted his application and Wells went on to have a strong year with the Terps, leading the team in scoring with 13.1 points per game.
But emotionally, he was reportedly “rattled” by the stigma that was allegedly perpetuated by Xavier. In games at Northwestern and Duke, students repeatedly chanted, “No means no” as Wells went to the free throw line. Wells contacted attorney Peter Ginsberg, who has represented numerous high-profile professional athletes, including NFL stars Michael Irvin and Jonathan Vilma— in defamation lawsuits
Ginsburg told the media that he met with university representatives before filing the suit, but the school was unmoved. “If you look at Xavier’s statement that was released,” he said, “it is obvious Xavier hasn’t realized what it did wrong.”
The Complaint
Wells named Xavier and its president, Father Michael J. Graham, as defendants in the lawsuit. He wants Xavier to vacate the expulsion. Wells is also seeking unspecified compensatory, punitive and special damages to be determined at trial.
He claims in the lawsuit that that the school’s handling of the case was “fundamentally” an unfair rush to judgment, causing him emotional distress and public humiliation, and will hang over him if he tries to become an NBA player or seek other jobs.
“Xavier’s statement forever falsely taints and permanently damages Wells as a student who was expelled from his university for a rape that did not occur,” according to the lawsuit. “Wells will eventually graduate from college and will likely face difficulties in obtaining employment as a result of Xavier’s actions and false and defamatory statement, or, alternatively, professional basketball teams will be more hesitant to sign Wells.”
The Defendants’ Response
Xavier countered that the determination that there had been a “serious violation” and to ultimately expel was upheld on appeal and that his case received administrative due process.
Graham elaborated on their defense, writing that “The university has never revealed the specific charge against Dez Wells other than to say he was found responsible for a violation of the student code of conduct. The university will vigorously defend the process and the decision.
“We have read the complaint and the allegations of wrongdoing are unfounded and cannot be supported. The process used by the Xavier University Conduct Board applies to all of our students and is the standard used in American universities. After members of the Conduct Board reached their decision, the matter was considered and upheld in an appeal.”
The Attorney
“This lawsuit is an opportunity not only to help Dez reclaim what he’s lost, but to send a message that it is important to take seriously the kind of accusations that were made against Dez and it’s important to take seriously the rights of the people who are accused,” Ginsberg told the media.
“It’s to help Dez relieve the anxiety and correct the damage that was done to him and it’s the only thing left to do to make Xavier, and other higher institutions as well, recognize the obligations they have to protect those accused wrongly.”
As for Wells, he issued the following statement through Ginsberg’s office: “From the moment this nightmare began, I’ve told the truth. I am innocent. The folks at Xavier wouldn’t listen. Xavier destroyed my reputation. It’s time to make this right. Xavier needs to set the record straight.”
