Maryland guard Dez Wells suing Xavier for expulsion
Tue, Aug 20, 2013 10:13 PM EDT..
University of Maryland guard Dez Wells filed a federal lawsuit Tuesday seeking damages against his former school, Xavier University, and its president, Father Michael Graham, over what he asserts was his wrongful expulsion last summer.
Dez Wells played for Maryland last season after he was expelled by Xavier. (USA Today Sports)The suit alleges Xavier failed to follow its own policies when deciding to expel him following a 2012 allegation of sexual assault. The local prosecutor investigated the case and not only declined to charge Wells but declared in media accounts the allegation "didn't reach anything close to a standard of proof" and "should never have gotten to the point where someone's reputation is ruined." A grand jury also declined to indict the basketball star.
The lawsuit, filed at the United States District Court in Cincinnati, seeks monetary compensation as well as an overturning of the expulsion to clear Wells' name of what he calls a false accusation.
Wells, according to his attorney, has no interest in returning to Xavier, but has suffered "severe emotional distress" for having been essentially deemed a rapist – and heckled as such while playing road games. This, Wells said, is his best chance to set the record straight with the public and hold Xavier accountable.
"From the moment this nightmare began, I've been trying to get everyone to understand that I am innocent," Wells said in a statement through attorney Peter Ginsberg. "The supposed leaders at Xavier destroyed my reputation. It needs to make this right. Xavier needs to set the record straight."
Xavier released a statement from Father Graham to Yahoo! Sports on Tuesday evening.
"We have read the complaint and the allegations of wrongdoing are unfounded and cannot be supported," Graham said. "The process used by the Xavier University Conduct Board (UCB) applies to all of our students and is the standard used in American universities. After members of the Conduct Board reached their decision, the matter was considered and upheld in an appeal. The sanction for the offense was expulsion.
"The University has never revealed the specific charge against Dez Wells other than to say he was found responsible for a violation of the Student Code of Conduct. The university will vigorously defend the process and the decision."
After being expelled in the summer of 2012, Wells transferred to Maryland. The NCAA, in a rare move, ruled on appeal to grant him immediate eligibility rather than make him sit out a season like most transfers. He started 37 of 38 games and led the Terrapins in scoring with 13.1 points a game. He will be a focal point of the team again this season.
It is highly unusual, if not unprecedented, for an active, high-profile player to file a federal suit against another NCAA member institution. Adding to the uniqueness of the case, Wells' most powerful advocate is Hamilton, Ohio prosecutor Joseph Deters, who has forcefully and publicly, defended Wells and blasted Xavier's handling of the incident as "fundamentally unfair."
"If I thought [Wells] did this, he'd be in prison," Deters says in the lawsuit. "I wouldn't pull any punches."
Wells' lawsuit alleges Xavier failed to follow its own policies when deciding to expel him. (USA Today Sports)Wells, a native of Raleigh, N.C., was named to the Atlantic 10 All-Rookie team following the 2011-12 season.
Last summer, on the night of June 7, 2012, he engaged in what he asserts was consensual sex with an Xavier student.
The two, among others, had been hanging out that night in their dorm playing a game of group "truth or dare," according to the lawsuit. "A number of the dares were sexual in nature," the suit alleges, including lap dances and stripping. The two kissed multiple times during the evening before going to the woman's room, where, according to the suit, she asked if Wells had a condom before they had sex.
The next day she reported to the campus police she had been sexually assaulted. She later met with Cincinnati police but declined to press charges. Undeterred, Deters, the local prospector assigned two staff members to look into the incident.
Deters, according to the suit, quickly "developed serious concerns about [the] truthfulness of the allegations." He left messages with Father Graham, the Xavier president, in an effort to convey those concerns but the messages were not returned, the suit alleges. He later discussed with another Xavier official and instructed his concerns be passed on to Graham.
Before the prosecutor finished his work and a grand jury cleared Wells, however, the player was called before Xavier's University Conduct Board, where the lawsuit alleges a group of administrators, faculty and students "impermissibly placed the burden on Wells to prove his innocence."
The suit runs through a litany of what it alleges are breaches of the UCB rules and procedures. It also hammers the group for either dismissing or ignoring the concerns of the prosecutor's office, failing to wait for "vital laboratory tests" and allowing for just a brief, two-day appeal process. It also alleged UCB members "had received woefully inadequate training" to make a ruling on these kinds of cases.
The UCB expelled Wells on Aug. 3, 2012. On Aug. 28, a grand jury declined to indict him and Deters took to the local media to stand up for the player and urge Xavier to reconsider.
Ginsberg alleges Xavier acted unfairly to Wells because it was under pressure from an investigation by the U.S. Education Department's Office of Civil Rights for mishandling previous allegations brought against male students and treating them too leniently.
"It was much more anxious to appease the Department of Education then satisfy its own obligations to fairness for its own students," Ginsberg told Yahoo! Sports Tuesday night. "Unfortunately, Dez was the sacrificial lamb."
Ginsberg cites Father Graham ignoring the prosecutor's urge for caution and reconsideration as proof.
"It should have been clear to university officials on their own that the accusations were fictitious," Ginsberg said. "Add to that a trained professional with no skin in the game was imploring Father Graham to hold off and act responsibly and Father Graham simply ignored Mr. Deters admonitions."
The suit seeks a jury trial in Ohio and seeks unspecified damages. Outside the specific wording of the lawsuit, Wells stated he is also seeking an apology from Father Graham.
Source: click here
Showing posts with label falsely accused. Show all posts
Showing posts with label falsely accused. Show all posts
Wednesday, August 21, 2013
Tuesday, November 20, 2012
A thank you from SAVE
As we celebrate the season of giving thanks we turn to you our committed e-lert activists, hardworking volunteers, dedicated staff, and generous donors to say that we couldn't do this without you. Every one of our advances is due to your commitment to our success. Thank you!
Looking for a good movie to catch this holiday season? Next Monday is the premiere of The Central Park Five, the story of the five young men who were wrongfully convicted for the 1989 rape of a jogger in Central Park. Check your theater for showtimes. You can watch the trailer below.
Thanks again for everything, from the bottom of my heart.
teri
Visit here to join SAVE's Domestic Violence Legislative Project (the DVLP).
Please share this e-lert with a friend.
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
Looking for a good movie to catch this holiday season? Next Monday is the premiere of The Central Park Five, the story of the five young men who were wrongfully convicted for the 1989 rape of a jogger in Central Park. Check your theater for showtimes. You can watch the trailer below.
Thanks again for everything, from the bottom of my heart.
teri
Visit here to join SAVE's Domestic Violence Legislative Project (the DVLP).
Please share this e-lert with a friend.
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
Saturday, September 8, 2012
Don't fuck with an MRA
Tiffany Marie Smith, the ex-wife of men’s advocate Gordon Smith is now sitting in jail after having been arrested on three counts of false accusation and one felony count of making a false statement to police investigators.
She was arrested this morning in Dover, Delaware by the Dover Police Department.
Her arrest came at the end of a Kafkaesque saga for Mr. Smith, who was arrested 8 times on a total of 13 allegations from Tiffany Marie, all of which stemmed from a bitter custody dispute. During that time, Gordon Smith was arrested once at gunpoint, jailed several times, forced to wear a GPS monitoring device around his ankle, and was in fact arrested twice when the monitoring device proved that he was nowhere near Tiffany Marie Smith at the times she alleged he violated a protective order. The allegations involved a range of crimes. including sexual assault, physical assault and terroristic threats.
The ordeal has cost him untold thousands in legal fees and severely compromised his professional life.
As a result of her arrest, all of the seven remaining charges against Mr. Smith were dropped, and his legal fight for his freedom is over.
It appears that the writing was evident on the wall to police officials, and the prosecution against Mr. Smith folded after the Dover State News (DSN) picked up on the story from A Voice for Men. DSN reporter Craig Anderson covered the story involving a felony charge against Gordon Smith being dropped, and reportedly began investigating other aspects of the case due to AVfM’s coverage.
An elated Mr. Smith had a message for readers of AVfM, who reacted to the story of his struggle by pressing it to officials and to the media.
“Words cannot describe the emotions I feel for every one of you at AVfM who made phone calls and sent emails and prayed for me during this time.”
More information will follow on this case after the holiday, when state offices are open.
*Update from Dean Esmay* Official statement from Dover, Delaware police department:
“Tiffany Smith 29 reported several domestic related crimes to the Dover Police and Delaware State Police over a period of time in August in which she stated she was victimized by her ex-husband Gordon Smith 47. On August 18 the Dover Police arrested Mr. Smith on several charges relating to a domestic incident. After the arrest Tiffany Smith continued reporting that Mr. Smith was stalking her and on one occasion had physically attacked her. A joint investigation by Dover Police and the Delaware State Police found that Tiffany Smith falsified all the complaints she made against Mr. Smith. Tiffany Smith was arrested on three counts of falsely reporting an Incident and one count of providing a false statement. All charges against Gordon Smith have been dismissed at the request of the Dover Police Department.”
Special recognition to the Dover Delaware Police for having the guts and the decency to do their jobs and do it right and to pressure the Delaware State authorities to do the their jobs. Special thanks to Dover PD Lieutenant Alan Rachko, who wins the Big Brass Balls of the year award in my eyes. –DE
Source:click here
Good for Gordon Smith for standing up to her it's good to see a fellow MRA prevail and Deleware of all places. I suggest we keep a close eye on this one because the Attorney General of Deleware is Joe Biden III,son of our mediocre vice president Joe Biden Jr. so this can "get lost" real easy so we need to be vigilant.
She was arrested this morning in Dover, Delaware by the Dover Police Department.
Her arrest came at the end of a Kafkaesque saga for Mr. Smith, who was arrested 8 times on a total of 13 allegations from Tiffany Marie, all of which stemmed from a bitter custody dispute. During that time, Gordon Smith was arrested once at gunpoint, jailed several times, forced to wear a GPS monitoring device around his ankle, and was in fact arrested twice when the monitoring device proved that he was nowhere near Tiffany Marie Smith at the times she alleged he violated a protective order. The allegations involved a range of crimes. including sexual assault, physical assault and terroristic threats.
The ordeal has cost him untold thousands in legal fees and severely compromised his professional life.
As a result of her arrest, all of the seven remaining charges against Mr. Smith were dropped, and his legal fight for his freedom is over.
It appears that the writing was evident on the wall to police officials, and the prosecution against Mr. Smith folded after the Dover State News (DSN) picked up on the story from A Voice for Men. DSN reporter Craig Anderson covered the story involving a felony charge against Gordon Smith being dropped, and reportedly began investigating other aspects of the case due to AVfM’s coverage.
An elated Mr. Smith had a message for readers of AVfM, who reacted to the story of his struggle by pressing it to officials and to the media.
“Words cannot describe the emotions I feel for every one of you at AVfM who made phone calls and sent emails and prayed for me during this time.”
More information will follow on this case after the holiday, when state offices are open.
*Update from Dean Esmay* Official statement from Dover, Delaware police department:
“Tiffany Smith 29 reported several domestic related crimes to the Dover Police and Delaware State Police over a period of time in August in which she stated she was victimized by her ex-husband Gordon Smith 47. On August 18 the Dover Police arrested Mr. Smith on several charges relating to a domestic incident. After the arrest Tiffany Smith continued reporting that Mr. Smith was stalking her and on one occasion had physically attacked her. A joint investigation by Dover Police and the Delaware State Police found that Tiffany Smith falsified all the complaints she made against Mr. Smith. Tiffany Smith was arrested on three counts of falsely reporting an Incident and one count of providing a false statement. All charges against Gordon Smith have been dismissed at the request of the Dover Police Department.”
Special recognition to the Dover Delaware Police for having the guts and the decency to do their jobs and do it right and to pressure the Delaware State authorities to do the their jobs. Special thanks to Dover PD Lieutenant Alan Rachko, who wins the Big Brass Balls of the year award in my eyes. –DE
Source:click here
Good for Gordon Smith for standing up to her it's good to see a fellow MRA prevail and Deleware of all places. I suggest we keep a close eye on this one because the Attorney General of Deleware is Joe Biden III,son of our mediocre vice president Joe Biden Jr. so this can "get lost" real easy so we need to be vigilant.
Tuesday, August 28, 2012
SAVE's plans
From SAVE services:
Last December the University of Montana at Missoula was ranked as the "safest" university in Montana in terms of low rates of forcible rape and other violent crimes click here. But five months later the U.S. Dept. of Justice and Dept. of Education claimed the U. of Montana's failure to adequately address an alleged rash of sexual assaults was "very disturbing."
In March, quarterback Jordan Johnson was charged with rape, which former prosecutor Kirsten Pabst said was done just "to send a message." click here And just this week, it was revealed that the U. of Montana has implemented mandatory training for students that talk about "rape-prone culture" and label false allegations of rape a "myth."click here
Has the U. of Montana suddenly become a hotbed of sexual assault, or is the college simply terrifying everyone because of the DED's April 11 sexual assault directive?
Next week, SAVE will be launching a month-long campaign designed to expose the ideological agenda behind the Dept. of Education's Sexual Assault Directive. The campaign will consist of op-ed columns, social media, a lobbying event in DC, and radio interviews (with Sherry Warner, mother of Caleb Warner, who was terminated by the University of North Dakota, even though the local police issued a warrant against his false rape accuser for perjury!)
We'd also like to place some Facebook ads. Last June we spent $2,000, which resulted in an incredible 4 million FB impressions. Hoping to reach the same number of people this time, we're asking for your help to raise $2,000 in one week.Can you help us stop false allegations on college campuses?
You can contribute by PayPal: http://www.saveservices.org/contribute. Or send a check payable to:
Stop Abusive and Violent Environments
P.O. Box 1221
Rockville, MD 20849
If you contribute $100 or more, we will send you a False Allegation T-shirt - but we need to receive your contribution by Sept. 4.
Thank you!
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
Last December the University of Montana at Missoula was ranked as the "safest" university in Montana in terms of low rates of forcible rape and other violent crimes click here. But five months later the U.S. Dept. of Justice and Dept. of Education claimed the U. of Montana's failure to adequately address an alleged rash of sexual assaults was "very disturbing."
In March, quarterback Jordan Johnson was charged with rape, which former prosecutor Kirsten Pabst said was done just "to send a message." click here And just this week, it was revealed that the U. of Montana has implemented mandatory training for students that talk about "rape-prone culture" and label false allegations of rape a "myth."click here
Has the U. of Montana suddenly become a hotbed of sexual assault, or is the college simply terrifying everyone because of the DED's April 11 sexual assault directive?
Next week, SAVE will be launching a month-long campaign designed to expose the ideological agenda behind the Dept. of Education's Sexual Assault Directive. The campaign will consist of op-ed columns, social media, a lobbying event in DC, and radio interviews (with Sherry Warner, mother of Caleb Warner, who was terminated by the University of North Dakota, even though the local police issued a warrant against his false rape accuser for perjury!)
We'd also like to place some Facebook ads. Last June we spent $2,000, which resulted in an incredible 4 million FB impressions. Hoping to reach the same number of people this time, we're asking for your help to raise $2,000 in one week.Can you help us stop false allegations on college campuses?
You can contribute by PayPal: http://www.saveservices.org/contribute. Or send a check payable to:
Stop Abusive and Violent Environments
P.O. Box 1221
Rockville, MD 20849
If you contribute $100 or more, we will send you a False Allegation T-shirt - but we need to receive your contribution by Sept. 4.
Thank you!
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
Wednesday, June 13, 2012
Brian Banks: falsely accused
From SAVE:
Brian Banks was a 16-year-old star high school football player when he was falsely accused of rape by a female acquaintance. Ten years later, after spending over five years in prison, he was recently exonerated.
Banks now looks forward to playing for the Seattle Seahawks...and telling his story. Planning on producing a documentary, he writes, "I hope my story can serve as a catalyst for change."
Using kickstarter, Banks needs to raise $40,000 by June 28, He has received $11,369 as of this writing. Banks: "I am asking from the deepest part of my heart, will you help me? I will not be able to do this without you."
Please visit his page on kickstarter, and do what you can to help Brian Banks expose the devastation of false allegations.
JUNE IS FALSE ALLEGATIONS AWARENESS MONTH. TELL A FRIEND.
Sincerely,
teri
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
Brian Banks kickstarter website: click here
Tell a friend,tell an elected leader it all helps. If you live in California tell your elected leaders about Brian Banks. If you live in North Carolina you can mention Durham and the falsely accused Duke boys. We can make false sexaul abuse accusations something of the past just like the nazi pogroms but we have to stand up to it and defeat it. There is no choice. Contact info for state leaders: click here
Thursday, April 5, 2012
A thank you and a petition from SAVE
The following is from SAVE:
Over the last few months we have called upon all of you to help us reform domestic violence law, specifically the federal Violence Against Women Act (VAWA), S.1925. We have asked you to make phone calls, send emails and sign petitions. And you haven't let us down. Thank you so much!
Today, we'd also like to recognize our volunteers.
We are honored to work with members of the Domestic Violence Legislative Project (DVLP), Campaign 2012, and the Countering Abuse Misinformation Project (CAMP).
Meet two of our volunteers:
DVLP member Relda Copning shared her son's tragic story with the women of WAVE. She also called every senator to talk about VAWA. Sign Relda's petition on false allegations of domestic violence: click here
CAMP member Gordon E. Finley, Ph.D. wrote a letter about VAWA to Washington DC's The Hill. His letter "Time to Sunset Violence Against Women Act" was published on March 27: click here
This is just an example of the dedication that you can find across the country for domestic violence law reform.
Thank you all. You are the best!
Sincerely,
Teri
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
It's time to take another swipe at VAWA. We need to oppose this at every turn to get the message out that falsely accused men aren't going to take it anymore,that we are going to fight back and the best way to do that is to sign this petition.
Over the last few months we have called upon all of you to help us reform domestic violence law, specifically the federal Violence Against Women Act (VAWA), S.1925. We have asked you to make phone calls, send emails and sign petitions. And you haven't let us down. Thank you so much!
Today, we'd also like to recognize our volunteers.
We are honored to work with members of the Domestic Violence Legislative Project (DVLP), Campaign 2012, and the Countering Abuse Misinformation Project (CAMP).
Meet two of our volunteers:
DVLP member Relda Copning shared her son's tragic story with the women of WAVE. She also called every senator to talk about VAWA. Sign Relda's petition on false allegations of domestic violence: click here
CAMP member Gordon E. Finley, Ph.D. wrote a letter about VAWA to Washington DC's The Hill. His letter "Time to Sunset Violence Against Women Act" was published on March 27: click here
This is just an example of the dedication that you can find across the country for domestic violence law reform.
Thank you all. You are the best!
Sincerely,
Teri
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
It's time to take another swipe at VAWA. We need to oppose this at every turn to get the message out that falsely accused men aren't going to take it anymore,that we are going to fight back and the best way to do that is to sign this petition.
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