Dez Wells sues Xavier over expulsion

Nicole Auerbach | USA TODAY Sports

Ex-Xavier swingman Dez Wells is suing his former school and its president, Father Michael Graham, for what he says was a wrongful expulsion, according to a complaint filed in the U.S. Southern District Court of Ohio on Tuesday. USA TODAY Sports obtained a copy of the complaint Tuesday night.

Wells, who currently attends and plays basketball at Maryland, filed the federal lawsuit Tuesday seeking damages for the fallout from his expulsion, which stemmed from a July 2012 allegation of sexual assault.

The lawsuit was first reported by Yahoo! Sports. In it, Wells states that he is seeking to recover damages "arising out of Xavier's failure to follow its own policies and procedures regarding student disciplinary actions" and Father Graham's "failure to abide by the duty and obligation to adhere to such policies in a good faith, professional and regular, unbiased manner."

Wells seeks unspecified damages and to restore his tarnished image, Wells' lawyer Peter Ginsberg said in a statement to USA TODAY Sports.

In July 2012, Wells was accused of sexual assault. The suit alleges that Wells and a female Xavier student, who also was his resident advisor, engaged in consensual sex. The female student went to Xavier campus police hours later and told them Wells had sexually assaulted her.

The local prosecutor assigned to the case, Joseph Deters, not only declined to pursue charges, but also spoke out against the way Xavier University handled Wells. In an interview with WLW-AM radio last summer, Deters called the school's expulsion process involving its University Conduct Board (UCB) "fundamentally unfair" and "seriously flawed," and he said that the situation "should never have gotten to the point where someone's reputation is ruined." A grand jury also declined to prosecute Wells.

Deters states in the lawsuit that he reached out to Father Graham regarding concerns he had about the truthfulness of the sexual assault allegations. Deters also says he advised Xavier not to conduct a hearing on the alleged incident until he had completed his investigation -- which it did not.

In the lawsuit, Wells alleges that the UCB failed to follow the school's policy for disciplinary hearings, conducted a fundamentally unfair hearing and "defamed Wells by publicly proclaiming him guilty of rape."

During his UCB hearing, Wells testified that he "could never rape a woman in light of the fact that his sister was a victim of rape," the suit states. The suit also questions UCB procedures and whether members of the UCB were adequately trained to handle rape kits and related matters to begin with.

"From the moment this nightmare began, I've been trying to get everyone to understand that I am innocent," Wells said in a statement released to USA TODAY Sports through his lawyer. "The supposed leaders at Xavier wouldn't listen. I was guilty even after I was proved innocent. Xavier destroyed my reputation. It needs to make this right. Xavier needs to set the record straight."

Wells transferred to Maryland last fall, and in a surprising move, his petition to play immediately was granted by the NCAA. He played in all 38 of the Terps' games -- but that wasn't the end of the saga.

Wells says he has been "branded" as a sexual predator and has been heckled by opposing fans at road games on the subject matter.

"It is especially disappointing that Father Graham and the other Xavier "role models" were so grossly irresponsible and uncaring about what they were doing to the reputation – and life -- of Dez," Ginsberg, Wells' lawyer, said in a statement. "Xavier's silence for the past year and refusal to acknowledge how it mistreated Dez are inexcusable. This lawsuit is not only for Dez but for anyone who has his or her most basic rights trampled upon."

Father Graham, Xavier's president, released a counter statement to Yahoo! Sports, calling the allegations of wrongdoing "unfounded" and pointing out that Xavier "never revealed the specific charge" against Wells other than saying he violated the school's student code of conduct.

Wells and his lawyers seek a trial by jury in Ohio.