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Ohio Basketball Topic
Topic: (OT) Dez Wells suing Xavier
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Pataskala
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Posted: 3/13/2014 9:05 AM
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According to Channel 12 in Cincy, Wells is claiming that Xavier damaged his reputation when it expelled him after a woman alleged that he raped her.  A grand jury decided not to indict him and the charge was dismissed.  Some other claims against the school were thrown out but the defamation case will go forward.
GoCats105
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Posted: 3/13/2014 9:25 AM
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Kinda surprised it took this long actually. X better lawyer up big time. Wells has a legit case here.
RSBobcat
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Posted: 3/13/2014 11:30 PM
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I know nothing about this case - but if they can prove that they let him go because of ANY other issue (Or Combination of Issues) other than the "alleged" rape - then they win - period. Wells better "Lawyer Up"...................
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Posted: 3/14/2014 12:12 AM
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It's a private school, nothing here folks, keep moving along.
Pataskala
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Posted: 3/14/2014 6:46 AM
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BillyTheCat wrote:expand_more
It's a private school, nothing here folks, keep moving along.


Private schools aren't immune from defamation or discrimination laws.  It'll forever be on his record that he was expelled, so that means his reputation has been damaged and his chances at employment and other things may be harmed.  The case really depends on whether he was expelled because of the rape charge (which was unproven, and thus the school is at risk) or because of some violation of the school's code of conduct (such as BYU which prohibits sex of any kind, or if there was some kind of assault involved, which might involve less risk for the school). 
Monroe Slavin
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Posted: 3/14/2014 10:00 AM
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Does the 'no sex' rule at BYU ever get violated?



 
BillyTheCat
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Posted: 3/14/2014 11:44 AM
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Pataskala wrote:expand_more
It's a private school, nothing here folks, keep moving along.


Private schools aren't immune from defamation or discrimination laws.  It'll forever be on his record that he was expelled, so that means his reputation has been damaged and his chances at employment and other things may be harmed.  The case really depends on whether he was expelled because of the rape charge (which was unproven, and thus the school is at risk) or because of some violation of the school's code of conduct (such as BYU which prohibits sex of any kind, or if there was some kind of assault involved, which might involve less risk for the school). 

Never said they are immune, but they do have WAY more latitude than public schools for admissions and such.  As long as there is no discrimination here on the grounds of the protected classes this will likely go no where.

 
Pataskala
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Posted: 3/14/2014 12:18 PM
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BillyTheCat wrote:expand_more
It's a private school, nothing here folks, keep moving along.


Private schools aren't immune from defamation or discrimination laws.  It'll forever be on his record that he was expelled, so that means his reputation has been damaged and his chances at employment and other things may be harmed.  The case really depends on whether he was expelled because of the rape charge (which was unproven, and thus the school is at risk) or because of some violation of the school's code of conduct (such as BYU which prohibits sex of any kind, or if there was some kind of assault involved, which might involve less risk for the school). 

Never said they are immune, but they do have WAY more latitude than public schools for admissions and such.  As long as there is no discrimination here on the grounds of the protected classes this will likely go no where.

 


The discrimination charge was dismissed.  He's suing for defamation, and private schools have no more latitude there than anybody else.
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Posted: 3/14/2014 1:07 PM
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Monroe Slavin wrote:expand_more
Does the 'no sex' rule at BYU ever get violated?


From personal experience I can say yes..a lot.
Tim Burke
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Posted: 3/14/2014 7:06 PM
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What, exactly, is the alleged defamation? 
Pataskala
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Posted: 3/15/2014 1:18 AM
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Tim Burke wrote:expand_more
What, exactly, is the alleged defamation? 


He's alleging they defamed him by expelling him because of a rape allegation (not a conviction).  The grand jury did not indict him so the charges were dropped.  I haven't seen what he filed but I suppose his theory is that the allegation was false (or at least not proven) and so the school defamed him by perpetuating the falsehood.  Someone who repeats a lie is a defamer the same as the person who starts the lie. Theoretically he could also sue the woman who made the allegation, but she may not have pockets, let alone deep ones.  I'm not even sure what he's asking for in damages.  This case will likely settle before it ever goes to trial.

I had seen one story that said his sex discrimination allegations against the school were dismissed but it looks like they're still alive as well.
bornacatfan
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Posted: 3/15/2014 9:53 AM
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So....

If I know you were drinking or partaking of drugs and it violates a conduct code so you are expelled but the prosecutor does not pursue the charges or if you are found not guilty does it mean you did not commit the original offense?

 
Alan Swank
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Posted: 3/15/2014 10:12 AM
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bornacatfan wrote:expand_more
So....

If I know you were drinking or partaking of drugs and it violates a conduct code so you are expelled but the prosecutor does not pursue the charges or if you are found not guilty does it mean you did not commit the original offense?

 


And therein lies the problem and why one of my good friends quit practicing law.  Court cases often end up arguing not the crime but the law and guilty people walk because of legal technicalities.  
GoCats105
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Posted: 3/15/2014 11:16 AM
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bornacatfan wrote:expand_more
So....

If I know you were drinking or partaking of drugs and it violates a conduct code so you are expelled but the prosecutor does not pursue the charges or if you are found not guilty does it mean you did not commit the original offense?
Pretty much what the story is here. I don't remember the actual charges for the first case, but the only thing he could have been charged with was underage drinking. But I don't think that was ever brought up. I think the case only involved the alleged "rape."
Tim Burke
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Posted: 3/15/2014 12:34 PM
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Pataskala wrote:expand_more
What, exactly, is the alleged defamation? 


He's alleging they defamed him by expelling him because of a rape allegation (not a conviction).  The grand jury did not indict him so the charges were dropped.  I haven't seen what he filed but I suppose his theory is that the allegation was false (or at least not proven) and so the school defamed him by perpetuating the falsehood.  Someone who repeats a lie is a defamer the same as the person who starts the lie. Theoretically he could also sue the woman who made the allegation, but she may not have pockets, let alone deep ones.  I'm not even sure what he's asking for in damages.  This case will likely settle before it ever goes to trial.

I had seen one story that said his sex discrimination allegations against the school were dismissed but it looks like they're still alive as well.


Did the school explicitly said he committed rape? The act of dismissing him is not a communication act and thus cannot be defamatory. He could sue for breach of contract if they dismissed him without cause, but I don't see how he has any defamation case.
Pataskala
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Posted: 3/15/2014 1:39 PM
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Tim Burke wrote:expand_more
What, exactly, is the alleged defamation? 


He's alleging they defamed him by expelling him because of a rape allegation (not a conviction).  The grand jury did not indict him so the charges were dropped.  I haven't seen what he filed but I suppose his theory is that the allegation was false (or at least not proven) and so the school defamed him by perpetuating the falsehood.  Someone who repeats a lie is a defamer the same as the person who starts the lie. Theoretically he could also sue the woman who made the allegation, but she may not have pockets, let alone deep ones.  I'm not even sure what he's asking for in damages.  This case will likely settle before it ever goes to trial.

I had seen one story that said his sex discrimination allegations against the school were dismissed but it looks like they're still alive as well.


Did the school explicitly said he committed rape? The act of dismissing him is not a communication act and thus cannot be defamatory. He could sue for breach of contract if they dismissed him without cause, but I don't see how he has any defamation case.


There's this story from Sporting News where the prosecutor blasted Xavier for expelling Wells and ruining his reputation.  Another story says he was found to have violated their code of conduct, although they weren't explicit about what the violation was.  Still, the story says that Wells had no other off-court blemishes on his record, so apparently the alleged rape was the issue.  It seems like you're guilty until proven innocent before the board. 
Last Edited: 3/15/2014 1:40:41 PM by Pataskala
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