Dyshawn Pierre

Dyshawn Pierre
Associated Press

Judge rejects Ohio basketball player’s reinstatement bid

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DAYTON, Ohio (AP) A federal judge on Friday again rejected a star basketball player’s bid for reinstatement to the University of Dayton after a suspension linked to a female student’s sexual assault accusation.

Dyshawn Pierre’s one-semester suspension ends soon, but he’d hoped for a ruling to help clear his record and let him rejoin the team immediately.

His attorney, Peter Ginsberg, said he and Pierre are disappointed and considering their options, such as appealing the decision or continuing with his lawsuit against the university.

The university, which declined to comment on the ruling, previously said Pierre didn’t suffer irreparable harm and there was no reason to cut short the suspension.

His lawsuit noted that Montgomery County prosecutors declined to file charges against the 6-foot-6 senior from Toronto. Pierre has said the allegation stemmed from a consensual sexual encounter, and he called the school’s investigation “fundamentally unfair” with a “wholly irrational, unsubstantiated” conclusion after a hearing that didn’t accommodate his learning disability.

“In circumstances of this seriousness, the university owed a duty to do more than the bare minimum,” Ginsberg said. “It should have been fair and thorough and professional, and Dayton has been none of those things.”

In October, U.S. District Judge Thomas Rose denied a temporary order to stop the school from enforcing the suspension. Rose ruled that the public interest is served by allowing universities to carry out disciplinary rules and procedures to keep an educational environment harassment-free.

He wrote that the school’s hearing board found Pierre was “unable to demonstrate that he received any words or actions that indicated he had effective consent for sexual intercourse or sexual contact.”

Ginsberg argued that the disciplinary board lacked training to interpret medical and law enforcement issues in the case.

It’s unclear whether Pierre will play this season. Coach Archie Miller told the Dayton Daily News on Thursday that he’ll meet with Pierre when the suspension ends Dec. 20 to gauge his physical and mental status and ability to contribute this season. Miller said Pierre will play “if it’s feasible” or sit out a year.

The Flyers are 7-1 after upsetting No. 21 Vanderbilt on Thursday.

Dayton’s Pierre fighting suspension, allegations

during the third round of the 2015 NCAA Men's Basketball Tournament at Nationwide Arena on March 22, 2015 in Columbus, Ohio.
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Dayton senior Dyshawn Pierre will fight his suspension and is also dealing with an alleged sexual assault that could be the basis of his first-semester suspension, according to multiple reports.

In a report from Josh Sweigart from the Dayton Daily News, another Dayton student accused Pierre of sexual assault, which Pierre and his lawyer, Peter R. Ginsberg, have denied.

From Sweigart’s report:

In response to a request under Ohio public records laws for records related to criminal allegations against Pierre, UD police provided 15 pages detailing an investigation into allegations that a sexual assault occurred on campus in the early-morning hours on April 23.

The incident was reported in May and the investigation was concluded in June. It then was turned over to the Montgomery County Prosecutor’s Office. Prosecutor’s office spokesman Greg Flannagan said his office declined to press charges “due to insufficient evidence.”

With Pierre now publicly facing sexual assault allegations due to Sweigart’s report, Ginsberg released a statement on Wednesday night, which was first reported by ESPN.com’s Jeff Goodman.

“A false accusation against University of Dayton student-athlete Dyshawn Pierre has recently become the subject of media attention in light of Dyshawn’s semester-long suspension. Dyshawn adamantly denies that he engaged in any inappropriate conduct of any sort. Law enforcement clearly agreed and decided not to pursue prosecution of him. Ignoring that decision made by qualified professionals, the University of Dayton subjected Dyshawn to fundamentally defective and unfair University disciplinary procedures orchestrated to appease a broken Department of Education policy. We will be challenging the University’s handling of this matter in the near future.

Dyshawn looks forward to a full and fair hearing and, ultimately, to vindication. No one — woman or man — should be subjected to abuse, and no one — woman or man — should be deprived of fundamental rights and fair treatment. We look forward to the truth coming out, and Dyshawn looks forward to returning to the University of Dayton.”

Dayton announced that Pierre was not enrolled in classes over the weekend but the school cited federal privacy laws and declined to elaborate in the statement. The first semester at Dayton ends on Dec. 18, which means if the suspension were upheld Pierre could return as soon as Dec. 22 for the Flyers game against Miami (Ohio).

With Pierre looking to fight this suspension, we’ll have to wait and see how this unfolds and if he’ll be able to return during the first part of the season. As one of the major pieces returning to Dayton from last season’s NCAA tournament team, the Flyers need Pierre’s versatility as he tied for second on the team in scoring (12.7 ppg) and led in rebounding (8.1 rpg).

Dayton forward suspended for fall semester

Dyshawn Pierre, Ben Bentil
Associated Press
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Despite dealing with depth issues from December on, the Dayton Flyers managed to make their second consecutive NCAA tournament appearance and nearly made their way to the Sweet 16 after playing in the First Four. Thanks to the addition of some new recruits depth wasn’t expected to be an issue for Archie Miller’s Flyers this season, but on Sunday it was learned that one of the team’s top returnees will miss some time.

Senior forward Dyshawn Pierre, who along with Kendall Pollard is the team’s leading returning scorer, has been suspended for the fall semester. According to the statement released by the school he is not enrolled in classes this semester. No details were provided, with the school citing federal privacy laws as the reason why.

Not only did Pierre average 12.7 points per game last season, but he also led the Flyers in rebounding by pulling down 8.1 caroms per contest. Pierre shot 46.3 percent from the field as a junior and was fourth on the team with 36 made three-pointers. Not having a player such as Pierre who can score on multiple levels and also hold his own as a rebounder and defender will hurt the Flyers as they look to navigate their non-conference schedule.

The earliest Pierre can return to the program is at the end of the fall semester (December 18), meaning that he’ll miss games against the likes of Alabama (November 17), Iowa (November 26 as part of the Advocare Invitational in Orlando), and Vanderbilt (December 9).

With Pierre unavailable, players such as Pollard and James Madison transfer Charles Cooke become of even greater importance for Dayton. The Flyers also add three freshman forwards to the mix in Sam Miller, Xeyrius Williams and Ryan Mikesell among the team’s four newcomers.

Dayton remains tied for first in the Atlantic 10 with win at No. 22 VCU

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One week after suffering its most disappointing loss of the season, Dayton picked up what to this date is its biggest win of the season Saturday afternoon in Richmond. Archie Miller’s Flyers won 59-55 at No. 22 VCU, moving into a tie for first place in the Atlantic 10 with Rhode Island, and multiple players stepped forward for the visitors.

After Jordan Sibert scored 15 of his 19 points in the first half, Kendall Pollard, Scoochie Smith and Dyshawn Pierre combined to score 19 points in the second to seal the deal for Dayton. Much has been made of Dayton’s rotation, one that’s short in both stature (their tallest available player is 6-foot-6) and bodies (seven scholarship players), but neither of those deficiencies has been used as a crutch by the Flyers.

And faced with a team that, on paper, had a clear advantage in both areas Dayton was able to limit VCU’s opportunities both on the offensive glass and in the open court.

Given their half-court offensive problems, VCU needs turnovers to be at their best on that end of the floor. Entering Saturday’s game the Rams were ranked 13th in the Atlantic 10 (in conference games) in field goal percentage and eighth in three-point percentage, but their league-best turnover margin has kept the Rams right in the middle of the conference title race.

Against Dayton, which has multiple players capable of handling the ball against full-court pressure, VCU was able to force just eight turnovers which were converted into three points. Also of note is the fact that VCU did not score a single fast-break point, and forced to find shots in the half court Shaka Smart’s team shot 34 percent from the field and 6-for-25 from beyond the arc. And while the loss of Briante Weber hasn’t helped matters, the biggest issue for VCU moving forward may be fellow senior Treveon Graham.

Graham’s dealt with an ankle injury this season, missing two games earlier this month, and in the five games since he’s struggled to get back into a groove offensively. In those games Graham has shot 22-for-64 (34.3%) from the field and 6-for-23 (26.1%) from beyond the arc. And after winning the first three games in Graham’s return (George Washington, Saint Louis and UMass) the Rams have lost the last two (Richmond and Dayton). If VCU is to be a threat next month, they have to get Graham untracked.

In regards to Saturday, Dayton certainly deserves credit for the issues Graham and his teammates endured on the offensive end of the floor. Open looks came at a premium, and Dayton completed those defensive possessions by grabbing the ensuing rebound on most occasions. Dayton may not be a deep team, but throughout the season they’ve shown the willingness to compete and practically fight for every foot of space on the court.

That’s a reflection of their leadership, from Coach Miller on down to his players. And with Rhode Island visiting UD Arena Tuesday night, the program’s first Atlantic 10 regular season title of any kind (division or overall) since 2004 is well within their reach.

Derrick Colter leads five in double figures as Duquesne upsets Dayton (VIDEO)

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Less than 48 hours after they moved back into a three-way tie for first place in the Atlantic 10, Dayton was back in action. But their trip to Pittsburgh to take on Duquesne did not go as planned, as the Flyers struggled to corral the Dukes in an 83-73 Duquesne victory.

Five players scored in double figures for Jim Ferry’s team, with guard Derrick Colter scoring a team-high 25 points on 8-for-14 shooting from the field. As a team the Dukes shot 52.5% from the field, assisting on 21 of their 31 made field goals. Among the other four double-digit scorers was guard Micah Mason, who tallied 17 points and also accounted for nine assists and eight rebounds.

Duquesne was able to take advantage of Dayton’s deficiencies in both depth and interior size, scoring 49 points in the paint and receiving 20 points from their bench.

Dayton’s Dyshawn Pierre led all scorers with 27 points, and he also grabbed 12 rebounds in what is is third consecutive game with a double-double. However other Flyers struggled offensively, as Jordan Sibert’s 12 points were scored on 4-for-14 shooting and fellow guards Darrell (three points) and Kyle Davis (five points) combined to shoot 2-for-15 from the field.

Dayton dropped to 20-6 overall and 10-4 in conference play as a result of the loss, with Duquesne moving to 9-16 (4-10 Atlantic 10). In NBCSports.com’s most recent bracket Dayton was an eight-seed, but this kind of result doesn’t help the Flyers as they look to make a return trip to the NCAA tournament.

Jordan Sibert, Dyshawn Pierre lead Dayton past St. Bonaventure (VIDEO)

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Dayton retained possession of a share of first place in the Atlantic 10 Saturday afternoon, beating St. Bonaventure 75-61 at UD Arena. Leading the way for the Flyers were senior guard Jordan Sibert and junior forward Dyshawn Pierre, with Sibert accounting for 24 points and seven steals and Pierre adding 15 points and 13 rebounds.

Sibert and Pierre were two of the four Dayton starters who finished the game in double figures, and as a team Dayton shot 52.1% from the field. However Dayton received just nine minutes from forward Kendall Pollard, who left the game in the first half after colliding with a St. Bonaventure player. With Pollard sidelined, even more was needed from Pierre and he stepped forward.

At 9-3 in conference play, Dayton is tied with No. 20 VCU and Rhode Island for first place in the Atlantic 10. The Flyers still have games remaining against both, as they visit VCU February 28 and host Rhode Island March 3.

St. Bonaventure, which played without injured freshman point guard Jaylen Adams, received 16 points and 12 rebounds from center Youssou Ndoye but the Bonnies shot 0-for-11 from three and committed 17 turnovers on the afternoon.