Report: Dez Wells files lawsuit against Xavier in federal court

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Maryland guard Dez Wells has filed a lawsuit against Xavier, his former school, and the school’s president, Father Michael Graham, in federal court seeking damages for what Wells alleges was a wrongful expulsion last summer.

The lawsuit was first reported by Dan Wetzel of Yahoo! Sports.

According to Wetzel, Wells alleges in the suit 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. “The supposed leaders at Xavier destroyed my reputation. It needs to make this right. Xavier needs to set the record straight.”

A quick summation of what happened last summer: Wells was accused of sexually assaulting a student, which resulted in his expulsion from the University. But there was so little evidence that local prosecutors not only declined to file charges, but they went to the media to voice their displeasure with how Xavier handled the case. Hamilton (OH) County prosecutor Joseph Deters called in “fundamentally unfair” and “seriously flawed”.

A week after the news broke, Wells told CBSSports.com the same story that is in the lawsuit. A game of ‘Truth or Dare’ led Wells’ accuser bringing him back to her room, where she asked him if he had a condom before they had sex. The next day, she reported to campus police that she had been sexually assaulted. Cincinnati police investigated but declined to press charges. Deters still decided to look into the case, which is where the crux of Wells’ lawsuit begins. From Yahoo!:

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 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 complicating factor here was that Xavier was already being investigated for the way that they had handled previous sexual assault allegations. As Ginsberg told Yahoo! Sports, “it was much more anxious to appease the Department of Education then satisfy its own obligations to fairness for its own students. Unfortunately, Dez was the sacrificial lamb,” He also added, “it should have been clear to university officials on their own that the accusations were fictitious.”

None of the information that Wetzel provided about the lawsuit that Wells filed is new.

It’s not a secret that Wells — and many others, including this writer — believes that he was railroaded by a University that was looking to cover their own behind.

Kudos to Wells for bringing the fight to them.

A sexual assault allegation is serious. An expulsion as a result is even more so. The fact that Wells is a public figure who will forever be one simple google search away from being assumed to be a rapist is tragic and unfair.

Xavier owed it to him to be more diligent.

Louisville challenges NCAA over recruiting allegations

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LOUISVILLE, Ky. — Louisville has refuted NCAA allegations against its men’s basketball program in the wake of a federal corruption scandal, requesting that the highest-level violation be reclassified.

The university also is challenging that former coach Rick Pitino failed to promote an atmosphere of compliance in his program.

Louisville filed a 104-page response last week to the Notice Of Allegations sent to the school in May. The document stated that college sports’ governing body seeks to ignore wire fraud convictions against several people involved in the scheme – including a former Adidas executive – by suggesting they were representing its athletic interests. Louisville’s contract with the apparel maker was a standard sponsorship agreement rather than a promotional deal, the response added.

“This argument is as novel as it is wrong,” the school wrote in its response. “Even if an institution has some responsibility for the conduct of its suppliers, that responsibility plainly does not extend to acts of fraud perpetrated against the institution itself.”

Louisville also seeks to have several second-tier violations reclassified even lower. The NCAA has until Nov. 15 to respond with the school responding 15 days after before a decision is made whether the case will proceed through the traditional Committee on Infractions or Independent Accountability Review Process (IARP).

The NCAA’s Notice of Allegations states that Louisville committed a Level I violation, considered the most severe, with an improper recruiting offer and extra benefits along with several lesser violations. Those lesser violations also include Pitino failing to promote an atmosphere of compliance.

The NCAA notice completed a two-year investigation following a federal corruption probe of college basketball announced in September 2017. Louisville acknowledged its involvement in the federal investigation related to the recruitment of former player Brian Bowen II. Pitino, who’s now coaching Iona, was not named in the federal complaint and has consistently denied authorizing or having knowledge of a payment to a recruit’s family.

Louisville has previously indicated it would accept responsibility for violations it committed but would contest allegations it believed were not supported by facts. The school also noted corrective measures taken in the scandal’s immediate aftermath, such as suspending and then firing Pitino and athletic director Tom Jurich.

Louisville also dismissed the NCAA’s contention that former Adidas executive James Gatto and amateur league director Merl Code represented the school while funneling illegal payments to recruits at several schools.

“The enforcement staff’s remaining allegations lack factual support and overread the relevant Bylaws,” the response stated, “and rest on the erroneous contention that the conspirators were representatives of the University’s athletics interests.

“For these reasons and others set forth, the panel should reject the enforcement staff’s dramatically overbroad theory, and classify this case as involving a Level II-Mitigated violation.”

Bubbles brewing with season on horizon

Brian Spurlock-USA TODAY Sports
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INDIANAPOLIS — With the coronavirus pandemic already forcing changes for college basketball, a bubble may be brewing in Indianapolis.

Indiana Sports Corp. released a 16-page proposal Friday that calls for turning the city convention center’s exhibition halls and meeting rooms into basketball courts and locker rooms. There would be expansive safety measures and daily COVID-19 testing.

The all-inclusive price starts at $90,000 per team and would cover 20 hotel rooms per traveling party, testing, daily food vouchers ranging from $30-$50 and the cost of game officials. Sports Corp. President Ryan Vaughn said the price depends on what offerings teams or leagues choose.

“The interest has been high,” Vaughn said. “I think as conferences figure out what conference and non-conference schedules are going to look like, we’re we’re a very good option for folks. I would tell you we’ve had conversations with the power six conferences, mid-majors, it’s really kind of all over the Division I spectrum.”

Small wonder: The NCAA this week announced teams could start ramping up workouts Monday, with preseason practices set to begin Oct. 14. Season openers, however, were pushed back to Nov. 25 amid wide-ranging uncertainty about campus safety and team travel in the pandemic.

There is already scrambling going on and some of the marquee early-season tournaments have already been impacted.

The Maui Invitational will be moved from Hawaii to Asheville, North Carolina, with dates still to be determined and organizers clear that everyone involved “will be in a bubble environment that limits their movement and interaction outside the venue.” The Batttle 4 Atlantis has been canceled. The Cancun Challenge will be held in Melbourne, Florida, not Mexico.

More changes almost certainly will be coming, including what to do with the ACC-Big Ten Challenge.

“I think we’re past the guesswork on whether we play 20 conference games or more than that,” Purdue coach Matt Painter said Friday. “We’re trying to get everybody set like in terms of MTEs (multi-team events), figuring out when to play the ACC-Big Ten challenge.”

Painter, who was part of the NCAA committee that recommended how to start the season, noted part of the uncertainty stems from differing protocols imposed by campus, city and state officials.

In Indianapolis, Vaughn believes the convention center, nearby hotels, restaurants and downtown businesses, many within walking distance of the venue, could safely accommodate up to 24 teams. The 745,000-square foot facility would feature six basketball courts and two competition courts.

Anyone entering the convention center would undergo saliva-based rapid response testing, which would be sent to a third-party lab for results. Others venues could be added, too, potentially with more fans, if the case numbers decline.

If there is a taker, the event also could serve as a dry run for the 2021 Final Four, also slated for Indy.

“It’s not going to hurt,” Vaughn said. “I can tell you all the planning we’re doing right now is the same for a Final Four that’s been scheduled here for any other year. But it would be nice to have this experience under our belt to see if it can be done.”

Maui Invitational moving to North Carolina during pandemic

Brian Spurlock-USA TODAY Sports
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ASHEVILLE, N.C. — The Maui Invitational is moving to the mainland during the coronavirus pandemic.

One of the premier preseason tournaments on the college basketball schedule, the Maui Invitational will be played at the Harrah’s Cherokee Center in downtown Asheville, North Carolina.

Dates for the tournament announced Friday have yet to be finalized. The NCAA announced Wednesday that the college basketball season will begin Nov. 25.

This year’s Maui Invitational field includes Alabama, Davidson, Indiana, North Carolina, Providence, Stanford, Texas and UNLV.

All teams, staff, officials, and personnel will be in a bubble environment that limits their movement and interaction outside the venue.

Burton eligible at Texas Tech after 2 seasons at Wichita State

Peter G. Aiken-USA TODAY Sports
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LUBBOCK, Texas — Junior guard Jamarius Burton has been granted a waiver from the NCAA that makes him eligible to play this season for Texas Tech after starting 52 games the past two seasons for Wichita State.

Texas Tech coach Chris Beard announced the waiver Thursday, which came five months after Burton signed with the Big 12 team.

Burton has two seasons of eligibility remaining, as well as a redshirt season he could utilize. He averaged 10.3 points and 3.4 assists per game as a sophomore at Wichita State, where he played 67 games overall.

Burton is from Charlotte. He helped lead Independence High School to a 31-1 record and the North Carolina Class 4A state championship as a senior there.

NCAA season set to open day before Thanksgiving

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The NCAA men’s and women’s basketball season will begin on Nov. 25, the day before Thanksgiving.

The Division I Council voted Wednesday to push the start date back from the originally scheduled Nov. 10 as one of several precautions against the spread of coronavirus.

The later start date coincides with the decision most schools made to send students home from Thanksgiving until January out of concern about a potential late-fall and early-winter flareup of COVID-19. Closed campuses could serve as a quasi bubble for players and provide a window for non-conference games.

The maximum number of regular-season games has been reduced from 31 to 27. The minimum number of games for consideration for the NCAA Tournament was cut from 25 to 13.

Teams can start preseason practices Oct. 14 but will be allowed to work out 12 hours per week beginning Monday.

No scrimmages against other teams or exhibitions are allowed.

In other action, the council voted to extend the recruiting dead period for all sports through Dec. 31. In-person recruiting is not allowed during a dead period, though phone calls and other correspondence are allowed.

The men’s and women’s basketball oversight committees had jointly recommended a start date of Nov. 21, which would have allowed for games to be played on the weekend before Thanksgiving. The council opted not to do that to avoid a conflict with regular-season football games.

The council is scheduled to meet again Oct. 13-14 and could delay the start date and change other pieces of the basketball framework if circumstances surrounding the virus warrant.