A former basketball captain at Yale University who had been expelled last February after an alleged sexual assault has become suing the school for defamation and breach of contract.
The lawsuit, filed by?attorney William F. Dow in US District Court in New Haven, Connecticut, states that the former captain, Jack Montague, who was set to graduate this spring, “were built with a promising future.” ?It argues that the school expelled him like a “public example” in order to show how strict the school was with regards to instances of sexual assault.
“He was missing out on the Ivy League degree he came so close to obtaining,” said Montague’s lawyers. “He was deprived of the ability to join the Yale men’s basketball team in the NCAA playoffs (a feat the team had achieved, with Mr. Montague’s skill and leadership, the very first time in 54 years), and that he was unfairly branded a sexual assailant, a label he might never be in a position to shed.”
Named as defendants in the lawsuit would be the university itself along with two officials responsible for overseeing the school’s compliance with federal sexual equality laws. ?The suit did not specify any damages, but is asking they be determined in a jury trial, reports Alex Johnson for NBC News.
In reaction to the lawsuit, the school said it was “factually inaccurate and legally baseless,” and said hello would offer a “vigorous defense.”
Montague was?charged with sexual assault on November 18, 2015, according to a complaint that were filed with respect to the woman involved by?Senior Deputy Title IX Coordinator Jason Killheffer. ?Since that time, Montague’s attorney states he was began the basketball team, expelled from soccer practice, labeled a “sexual offender” and rapist, writes Morgan Walker for Campus Reform.
The lawsuit states by expelling Montague, the college is taking benefit of awareness regarding sexual misconduct occurring there.
\”It was at this climate-permeated by deep mistrust and anger amongst Yale students and near-panic for Yale administrators-that the defendants misled and pressured a lady student, against her original desires to participate in a formal complaint process against Montague, accusing him of sexual assault.\”
The complaint continued to say that the victim, known as “Jane Roe,” didn\’t want Montague to be punished the way that he had been. ?Instead, it suggests she wanted a Title IX coordinator to speak to him and offer him some sort of training. ?The complaint also states the original claim was brought forward through the Title IX office under false pretenses.
While Montague is the fourth male student in the school to be expelled for non-consensual sexual conduct within the last five years, other instances were the men involved were found to be guilty of the same actions didn\’t result in the same level of punishment. ?Those instances involved a total of 14 men.
Montague needs damages in the school as well as reinstatement as a student in good standing. ?In addition, he\’d like the?University Wide Committee on Sexual Conduct proceedings to become opened and for his transcripts and disciplinary records to be expunged.
The complaint added that while the lawsuit might not help to make Montague whole again, it might work to fix some of the problems caused by Yale and the employees there toward his reputation and future.