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Judge Says Basketball Star Dez Wells’ Suit Against Xavier U. Will Proceed - FIRE
As my colleague Susan Kruth reported last summer, college basketball star and current University of Maryland student Dez Wells sued Xavier University after it expelled him for sexual assault in spite of the local prosecutor’s public statements that the evidence did not support the accuser’s allegations. Wells’ complaint (PDF) alleged 11 counts, the majority of which have now survived Xavier’s motion to dismiss. Federal judge Arthur Spiegel issued an order (PDF) yesterday allowing the following claims to proceed to trial against both Xavier and its president, Rev. Michael Graham: breach of contract, intentional infliction of emotional distress, four counts of libel, and negligence. In addition, Wells’ claims under Title IX for discrimination on the basis of sex and deliberate indifference will proceed against the university.