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Dez Wells, Xavier settle lawsuit - Printable Version

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Dez Wells, Xavier settle lawsuit - ctipton - 04-24-2014 06:18 PM

Dez Wells, Xavier settle lawsuit
By Amanda Lee Meyers, The Associated Press 5:29 p.m. EDT April 24, 2014

A former Xavier University basketball player has settled his lawsuit against the school over its handling of what he says was a false rape allegation.

[Image: 1398371055000-DezWells.jpg]
Dez Wells now plays for the University of Maryland. (Photo: Jim O'Connor-US PRESSWIRE)

CINCINNATI — A former Xavier University basketball player who was expelled over what he says was a false rape allegation has settled his lawsuit against the Cincinnati school over its handling of the case.

Federal Judge John Arthur dismissed Dez Wells' lawsuit, which had claimed that Xavier and its president used him as a scapegoat to demonstrate an aggressive response to sexual assault allegations in the wake of two unrelated federal investigations.

Arthur said both sides had resolved the conflict, but that the case could be reopened by either side within two months if the agreement is not fulfilled. Terms of the settlement were not released in court records.

Wells' attorney, Peter Ginsberg, said the settlement terms are confidential and declined to comment further. University spokeswoman Kelly Leon declined to discuss the case except to say that "the lawsuit has been resolved in a manner satisfactory to the parties."

Leon had said in March that the university would be vindicated once all the facts became known. By settling the lawsuit, the university avoids a public trial.

Xavier kicked Wells out of school in 2012 in the aftermath of a student's accusation that he raped her.

Wells said he had consensual sex with the student following a game of "Truth or Dare," during which he said the woman took off most of her clothes, kissed him, and gave him a lap dance.

Court records say that a hospital examination showed no trauma on the woman's body, and she later told police that she didn't want to press charges. A Hamilton County grand jury declined to indict Wells after hearing evidence.

Before the investigation was over, Hamilton County Prosecutor Joe Deters expressed his doubts about the alleged rape to Xavier President Father Michael Graham and urged him to hold off on any discipline until the investigation was finished, according to court records.

At the time, Xavier said Wells was expelled for a "serious violation" of the code of student conduct, and that a board consisting of faculty, students and administrators made the decision following standard procedures.

Wells' lawsuit, filed in August, included 11 claims against the university and Graham, including sex discrimination, intentional infliction of emotional distress, libel for injury to his reputation and negligence.

Wells, who's from Raleigh, N.C., was a freshman star for Xavier. He transferred to the University of Maryland, where he became a top player after the NCAA agreed to waive the usual transfer requirement for sitting out. He will be a senior next year.

Wells has previously said he has been heckled by fans and faces continued questions about his character since the rape allegation.

"From the moment this nightmare began, I've told the truth. I am innocent," Wells said in a statement last year. "It's time to make this right. Xavier needs to set the record straight."

http://www.cincinnati.com/story/sports/college/xavier/2014/04/24/dez-wells-xavier-settle-lawsuit/8111709/


RE: Dez Wells, Xavier settle lawsuit - Bearcat Otto - 04-25-2014 07:46 AM

We will probably never know what X settled for but I hope that DW got what he wanted and more.

X did him wrong.


RE: Dez Wells, Xavier settle lawsuit - JackieTreehorn - 04-25-2014 08:02 AM

Although I doubt they'll ever admit it, I think this was part of the house cleaning by xu after the brawl they started back in 12/11. It seems like pretty much every starter from that year was gone by either end of eligibility, dismissal, or being told not to let the door hit them on the way out.


RE: Dez Wells, Xavier settle lawsuit - Bearcat Otto - 04-25-2014 11:32 AM

This was CYA from an actual sexual assault that happened earlier. X allowed the offender to stay in school and the girl sued to nor allow that to happen. X was try to look like they were correcting that environment no matter who the supposed offender was. Unfortunately they acted without any due process or evidence that anything happened other than a sexual trist in a dorm room. I am sure that never happens!!!!