On Tuesday, U.S. District Court Judge Arthur Spiegel ruled against Xavier’s motion to dismiss a lawsuit that former guard Dez Wells filed against the university.
Wells, who now plays at Maryland, was expelled from Xavier after he was alleged to have committed a sexual assault. The lawsuit alleges that Xavier failed to follow their own policies when they expelled him following a false allegation of a sexual assault.
“From the moment this nightmare began, I’ve been trying to get everyone to understand that I am innocent,” Wells said in a statement given to Yahoo! by his attorney Peter Ginsberg at the time the suit was filed. “The supposed leaders at Xavier destroyed my reputation. It needs to make this right. Xavier needs to set the record straight.”
Judge Spiegel threw out Wells’ attempts to get the expulsion vacated because the statute of limitations had passed, but he refused to toss out Wells’ claims of libel, breach of contract, emotional distress and a violation of Title IX anti-discrimination laws.
RELATED: A summation of the allegations and Wells’ lawsuit can be found here.
“We’re pleased that the court dismissed a number of the claims at this point,” Xavier said in a statement. “The Court’s decision was based solelyon the facts as alleged by Mr. Wells and his lawyers in their Amended Complaint, as is required by Court Rules at this early stage in thelitigation. After the actual facts are disclosed to the Court, we are confident that the result will vindicate Xavier.”
GAME OF THE NIGHT: No. 10 West Virginia at No. 6 Kansas, 7:00 p.m.
The last time these two teams got together, West Virginia actually knocked off Kansas in Morgantown. It was the third time in the last three seasons that WVU has beaten KU at home. So there’s some revenge at stake here. But there’s also the whole Big 12 title race, which West Virginia currently leads. If the Mountaineers win tonight, they’ll be up by two games on Kansas with the tie breaker and just seven games left to play. The Jayhawks regular season title streak could be over if that happens.
THIS ONE’S GOOD, TOO: No. 8 Michigan State at No. 18 Purdue, 7:00 p.m.
We think the Spartans are back to their early season form after wins over Maryland (at home), Northwestern, Rutgers and Michigan. If Michigan State really wants to prove something to the college basketball world, they will go into West Lafayette tonight and get a win. Denzel Valentine vs. Raphael Davis will be fun.
FIVE THINGS TO WATCH FOR
- Pitt will pay a visit to No. 12 Miami in a game the Panthers could really use a win in. Pitt hasn’t been the most consistent team in the country and without adding a few quality wins they could be looking at the bubble.
- Duquesne will be paying a visit to No. 19 Dayton, who moved into a tie for first place in the Atlantic 10 thanks to VCU’s loss on Saturday.
- Georgia is right there on the bubble, and they will have a chance to try and push themselves into a better spot when they play at No. 22 Kentucky tonight.
- Creighton probably has to win out to have a shot of making the NCAA tournament, and that includes tonight, when they host No. 5 Xavier.
- No. 7 Virginia will be hosting Virginia Tech, who picked off the Wahoos in Blacksburg earlier this year.
THE REST OF THE TOP 25
- No. 1 Villanova at DePaul, 8:30 p.m.
- No. 25 Wichita State at Drake, 8:00 p.m.
It’s Tuesday, which means that it is once again time for the NBC Sports Player of the Year Power Rankings.
And you’ll be shocked to find out that Oklahoma guard Buddy Hield is still No. 1 in those rankings. By a pretty wide margin.
The rest of the top 10?
They can be found here, at the CBT FaceBook page. Follow that page for the countdown: