MudFlap

And yet not a problem at the fine, upstanding scholastic institutions of Kentucky, Maryland, Memphis and Oregon who paid to fly him all over the country hoping he would choose them. Don't see any irony here? Dez made a mistake. Thinking with the wrong head. Prosecutor said it was consensual. Whaddya want? No crime.

Bona Wolf for Pope

I don't work at, back or particularly love any of those institutions, so I can't comment on what they see in Dez. As I said, I'm not making any proclamation of his guilt or innocence, just pointing out that at all the small private institutions I've worked for or known the policies of (Xavier not on that list), consensual goes out the window when drunk is involved. This is true of both parties, but doesn't specifically excuse either one for their violations (which don't have to be criminal to be acted upon and aren't written by the prosecutor).

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TiberiusJuliusCaesar

The prosecutor should have said that he felt there was not enough evidence to prove it was non-consensual and get a conviction in a court of law. 24 fellow students, faculty and staff said they didn't feel he should be allowed the privelege to continue to be a student at X because of his decision-making. An appeal of the process by Dez failed.

MudFlap

Yeah, if they throw everyone out for drunken consensual sex (honor system like the Mormons ?), there won't be any more small private schools imho.

SpiderDave19

If Dez Wells was thrown out of school simply for having consensual sex with another adult, then Xavier sucks.

MudFlap

Yeah, except for one small detail. That is not what he said. "Are you still beating your kids?", sounds like you are, or have, and stopped.

Muddy Waters

Dez Wells explains things in the ESPN article linked in my signature line:

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jjjacks17

They are only gonna get thrown out if one of the parties reports it so something must have happened that she was not okay with unless she was just trying to sabotage him which would be a pretty sick thing to do. If Dez was drunk to then he could claim that he was also unable to give consent in which case the women could be thrown out of school too. Its a pretty silly rule that schools have but most girls wouldn't report it to someone unless there was more to it then just drunken sex unless shes a psycho.

MudFlap

Dez will pick school @ 10 a.m. after ruling out Kentucky:

http://www.washingtonpost.com/blogs/...8d13_blog.html

DistrictBaller

According to Adam Zagoria, Wells is headed for Maryland: http://www.zagsblog.com/2012/09/04/s...s-to-maryland/

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paulxu

That's correct.

http://lockerz.com/s/241298561

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Gormin71

Honest question: Why would he get a waiver? Just because he was expelled? I wouldn't think that would be a valid waiver reason for the NCAA to use. It's not like Dez would answer why he wants a transfer granted as "Xavier screwed me over with their kangaroo court student board."

MudFlap

He lost his schollie at his original school.

"A waiver process is available to all student-athletes, and each waiver request is reviewed individually. From April 2011 to April 2012, the NCAA approved 91 transfer waivers and denied 71."

NCAA.org

MudFlap

Espn doesn't think it will happen, but strange things do:

http://espn.go.com/blog/collegebaske...s-terps-future

uddunk

Who cares where it was held? It is still a court case handled under the auspices of the Court, and I am aware there is no attorney for a witness or judge. However, a witness may consult with counsel, although counsel is not allowed to enter the grand jury room. In fact, I represented such a witness on one occasion. I sat outside the room and consulted when she left the room. In that case, the grand jury decided not to indict but it involved a questionable self defense claim - stabbed a man who attacked him with a baseball bat. In my local jurisdiction, the grand jury room is in the courthouse, of course, so is the prosecutor's office for that matter. Of course, the location could be shifted, but it is under control of the Court. If someone refuses to appear at a grand jury hearing, the Court enforces the subpoena. So how is it not a court case? No need to respond, you are wrong.

The bottom line the prosecutor's decision to present the matter to the grand jury was at best case a political decision, since a prosecutor has unfettered discretion whether to present a matter before a grand jury. Since the prosecutor believed Wells was innocent this was not a case where the defendnat simply had a defense that was not clear cut, and the prosecutor decided to leave it up to reasonable men and women to hear the evidence that pointed towards guilt. In my opinion there was absolutely no ethical reason to present anything to the grand jury.

This is my last word on this matter. X fans can believe there was some type of intensive fact finding by the grand jury and that the prosecutor had some type of honorable motive in prosecuting Wells (presenting a case to a grand jury is a prosecutorial function and stage of a prosecution). I don't care. Based on what I have heard, and I obviously have no access to what was presented at X or in the grand jury, Wells simply exercised some questionable decision-making which did not rise to the level of criminal conduct. However, XU was well within its discretion to expel him, especially considering his prior involvement in the brawl with UC.