Dez's Lawsuit Will Proceed (Actually it Won't)

[casualfan]

From the article: (http://www.cincinnati.com/story/news/education/2014/03/13/dez-wells-lawsuit-against-xavier-survives/6362619/)

Tuesday, U.S. District Court Judge Arthur Spiegel threw out Wells' request to vacate his expulsion because the statute of limitations has expired, and also threw out claims against Graham.

But Spiegel refused Xavier's motion to dismiss claims for libel, breach of contract, infliction of emotional distress and violation of Title IX anti-discrimination laws.

[vee4xu]

Ugh! With all due respect, do we really have to consider this again on a day when X is playing for its NCAA life? In my opinion, this issues has been discussed, argued, stretched and thoroughly baked on this site. But, whatever. It's an open forum.

[XU2011]

Why is Luther Smith and Dave Johnson still employed by our great University? What a disaster. Dave Johnson actually got promoted after that cluster. Graham will expel students for consensual sex after a sham of a hearing led by incompetent and unqualified individuals, but won't terminate those said individuals.

[XU2011]

I just saw Luther Smith actually replaced Adrian Scheiss as the Director of Retention.

Replacing someone who was actually incredibly effective in their position with Luther. He must have blackmail on someone.

[casualfan]

Ugh! With all due respect, do we really have to consider this again on a day when X is playing for its NCAA life? In my opinion, this issues has been discussed, argued, stretched and thoroughly baked on this site. But, whatever. It's an open forum.

LOL. It is news related to Xavier, specifically the basketball program.

I made the title pretty clear. If you don't want to read about it, don't click on the thread. That simple.

[vee4xu]

LOL. It is news related to Xavier, specifically the basketball program.

I made the title pretty clear. If you don't want to read about it, don't click on the thread. That simple.

Well LOL to your heart's content. I know my rights include skipping reading junk, but it's also my right to read it and opine. That right includes typing stuff to your amusement. That said, I reiterate my right to say the topic is old, worn out and should be let go. So there's that.

[Muskie]

Some people take great joy in stirring this topic back up.

[GoMuskies]

I reiterate my right to say the topic is old, worn out and should be let go. So there's that.

Speak to someone at the Enquirer about that.

[sirthought]

That said, I reiterate my right to say the topic is old, worn out and should be let go. So there's that.

Old topic here, but the news media are reporting this today because of a new development. Can't turn the world off, Vee.

[THRILLHOUSE]

http://gifrific.com/wp-content/uploads/2012/08/no-words-homer-into-brush.gif

[RoseyMuskie]

In other news...

[blobfan]

I just saw Luther Smith actually replaced Adrian Scheiss as the Director of Retention.

Replacing someone who was actually incredibly effective in their position with Luther. He must have blackmail on someone.

But Luther is so dedicated to retention he has even interceded between a victim and her accused assailant trying to negotiate and agreement that would keep the assailant in school! No threat of federal intervention will sway this man from student retention. That's dedication.

[XU2011]

But Luther is so dedicated to retention he has even interceded between a victim and her accused assailant trying to negotiate and agreement that would keep the assailant in school! No threat of federal intervention will sway this man from student retention. That's dedication.

If that wasn't so sad, it would be funny.

Let us not forget Luther is the reason Xavier was federally indicted to begin with. And now he is the Director of Student Retention which is at record lows.

Thanks Luther!

[gladdenguy]

Team Dez!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Get out the checkbook Xavier!!!!!!!!!!!!!!!!!!!!!

[Cheesehead]

Did something happen?

[blueblob06]

I just saw Luther Smith actually replaced Adrian Scheiss as the Director of Retention.

Replacing someone who was actually incredibly effective in their position with Luther. He must have blackmail on someone.

If you wanna make yourself more angry...check out Xavier's retention rates since Scheiss left and Smith took over... It's just sad.

[Kahns Krazy]

Well LOL to your heart's content. I know my rights include skipping reading junk, but it's also my right to read it and opine. That right includes typing stuff to your amusement. That said, I reiterate my right to say the topic is old, worn out and should be let go. So there's that.

You reiterate your right to say that the topic should be let go by refusing to let it go? Let me know how that works out for you.

[Kahns Krazy]

From the article: (http://www.cincinnati.com/story/news/education/2014/03/13/dez-wells-lawsuit-against-xavier-survives/6362619/)

Tuesday, U.S. District Court Judge Arthur Spiegel threw out Wells' request to vacate his expulsion because the statute of limitations has expired, and also threw out claims against Graham.

But Spiegel refused Xavier's motion to dismiss claims for libel, breach of contract, infliction of emotional distress and violation of Title IX anti-discrimination laws.

Didn't Dez's own lawyer disclose far more about the case than the school ever did? I'm not sure how you could find the school liable for any of that at all with the possible exception of the title IX part. I'll actually be interested to see how this proceeds from a legal standpoint, but I'm annoyed that it is a distraction to the program.

[paulxu]

There's just so much of that article at odds with my memory of the entire episode that I am either really losing it (possible if not probable), or the Enquirer is playing fast and loose with the basic facts (also possible).


Expelled in August 2012 after a campus disciplinary board found him responsible for sexual assault

Were the minutes of the board's meeting ever made public? I don't remember that. So although the conclusion noted may in fact be true, the "reason" I remember was for violating the student conduct rules. That may include having sex on campus for all I know. I'm not sure the board ruled he had "sexually assaulted" the RA.


One of the women said Xavier allowed her attacker to remain on campus even after he had been found responsible for rape.

That one really gets me. It's VERY probable that earlier case involved some forced sex. Maybe date rape scenario. But as I recall, one of the big problems X found itself with was that the guy had, in fact, been acquitted of rape charges...not "found responsible" for rape. That is a big quandary for a school. Respect the rule of law and let the guy back on campus vs. the safety of the women involved still on campus. (No, I'm not overlooking settlement attempts that were probably really screwed up...just looking at the difficulty in a not-guilty verdict and what happens then.)

I'm going to regret posting this I'm sure.

[vee4xu]

You reiterate your right to say that the topic should be let go by refusing to let it go? Let me know how that works out for you.

The opinion that we should be talking about the topic and my desire to continue to give my opinion about why that is are mutually exclusive. But, thanks for playing. We have some nice parting gifts for your having done so.

[GoMuskies]

Could someone please circulate the list of approved topics? I'd like to know when it is and is not okay to talk about news about Xavier that is in the newspaper.

Thanks in advance.

[casualfan]

Could someone please circulate the list of approved topics? I'd like to know when it is and is not okay to talk about news about Xavier that is in the newspaper.

Thanks in advance.

You and me both.

[paulxu]

Could someone please circulate the list of approved topics? I'd like to know when it is and is not okay to talk about news about Xavier that is in the newspaper.

Thanks in advance.

Check "G" thread topics noted some months ago.

[vee4xu]

Could someone please circulate the list of approved topics? I'd like to know when it is and is not okay to talk about news about Xavier that is in the newspaper.

Thanks in advance.

Hey, here's an idea. Let's talk about anything that you think is important. You seem to have all the answers all the time, so how could anything you want to discuss ever be wrong. How's that sound?

[GoMuskies]

Hey, here's an idea. Let's talk about anything that you think is important. You seem to have all the answers all the time, so how could anything you want to discuss ever be wrong. How's that sound?

It sounds a lot more like you than me, actually.

[KC4X]

I think it should be common sense that most people wouldn't even want to see a post title about this subject in general and especially not on a day that should be all positive. I know I cringed. If I had seen the article, the LAST thing I would have done would be post about it here. To each his own, I suppose, but I don't understand why you can't see Vee's point.

[GoMuskies]

Since I live out of town, I wouldn't have seen the article if someone didn't post it. I like to keep up with news related to Xavier. Sometimes that news is good. Sometimes that news is bad. So I appreciate that casualfan posted it.

[ArizonaXUGrad]

Correct me if I am wrong here, but I thought it was Dez's attorney that release the fact that he had consensual sex with a drunk female but the girl asked him to use protection which he did not. I am probably wrong since I was on vacation when this whole thing started.

[casualfan]

Since I live out of town, I wouldn't have seen the article if someone didn't post it. I like to keep up with news related to Xavier. Sometimes that news is good. Sometimes that news is bad. So I appreciate that casualfan posted it.

Yeah. I mean, that's the thing I guess I don't understand.

Just because something bad happened doesn't mean every time it is brought it the scab has to get ripped off and people relive the entire event.

It could have been a simple update on what's happening that faded into the back of the message board with little or no fanfare, but people go and lose their mind it even got brought up.

If those people don't lose their mind this post probably has two or three responses and fades to the back of the message board by the end of the work day in plenty of time for the game.

[Kahns Krazy]

The opinion that we should be talking about the topic and my desire to continue to give my opinion about why that is are mutually exclusive. But, thanks for playing. We have some nice parting gifts for your having done so.

So it is now your opinion that we should be talking about it? You are a confusing individual.

[THRILLHOUSE]

"@DanWetzel Xavier has settled lawsuit from ex-player Dez Wells, currently of Maryland, over how XU handled what he says was a false rape allegation"

[OH.X.MI]

"@DanWetzel Xavier has settled lawsuit from ex-player Dez Wells, currently of Maryland, over how XU handled what he says was a false rape allegation"

Not surprised. Doubt we will hear any real details. I'm sure there is a strict confidentiality clause in whatever the settlement was.

[GoMuskies]

Congrats to everyone on getting that one behind us.

[nkymuskie]

Not surprised. Doubt we will hear any real details. I'm sure there is a strict confidentiality clause in whatever the settlement was.

I'm sure we'll never hear exact details but I'm also sure we'll hear strong enough "rumors" on what the settled amount approximately was.

[OH.X.MI]

I'm sure we'll never hear exact details but I'm also sure we'll hear strong enough "rumors" on what the settled amount approximately was.

Oh of course, there are going to be tons of rumors. I'm just glad this didn't go to trial. Best for both Dez and Xavier that its just done with.

[Muskie]

Congrats to everyone on getting that one behind us.

Someone should calendar this whole lawsuit to dredge it up right at the tip of next season. It's becoming a yearly tradition. Another good move by the Admin to get this done and over.

[nuts4xu]

When Dez graduates from Maryland, and gets drafted in the NBA next summer, I hope this chapter of Xavier basketball history finally fades to the background.

I now hope Xavier and Dez can move on with their lives and both are comfortable with the settlement.

[Muskie]

When Dez graduates from Maryland, and gets drafted in the NBA next summer, I hope this chapter of Xavier basketball history finally fades to the background.

I now hope Xavier and Dez can move on with their lives and both are comfortable with the settlement.

Turn the page.

[paulxu]

Close the thread.

[coasterville95]

Everybody's season ticket just went up $50 to cover this. :).

[danaandvictory]

Everybody's season ticket just went up $50 to cover this. :).

I'd be shocked if they paid out anything more than a nuisance settlement. This lawsuit was absolute garbage.

[waggy]

Part the settlement was to zip em up!


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