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Judge upholds most of Dez Wells' lawsuit claims against Xavier

By Mike Singer | CBSSports.com

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A judge found substance to many of Dez Wells' claims. (USATSI)

Many of the claims made by former Xavier basketball player Dez Wells, who was accused of rape and ultimately expelled by the university in 2012, were upheld and will proceed to trial, U.S. District Court Judge Arthur Spiegel ruled on Thursday.

Wells, now a junior and the Maryland Terrapins' leading score, filed a suit in 2013 alleging that Xavier and its president, Father Michael Graham, ignored evidence that would've pardoned Wells.

Wells asserted that the school has tarnished his reputation by falsely accusing him of rape. Also within the lawsuit, Wells asserts that he was subjected to sex discrimination, intentional infliction of emotional distress, libel for injury to his reputation and negligence.

The judge did throw out a request by Wells to explore Xavier's Conduct Board's choice to expel him, and he also dismissed specific charges against the University's president. However, charges of sexual discrimination and deliberate indifference against the school will be examined in court.

Wells maintains that he had consensual sex with a student following a game of Truth or Dare, but the school expelled him in the wake of the student's rape accusation.

According to the AP, a hospital examination of the student showed no signs of physical trauma and she eventually told police she didn't want to pursue charges.

Wells believes Xavier University took a hardline approach with him after the school was subjected to two unrelated federal investigations by the U.S. Department of Education.

Wells and the No. 8 seeded Terrapins face Florida State in the second round of the ACC tournament at noon ET on Thursday.

 
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