Former Yale Basketball Captain Sues School Over Expulsion - Higher Education
Higher Education News and Jobs

Former Yale Basketball Captain Sues School Over Expulsion

by Associated Press

NEW HAVEN, Conn. ― Former Yale basketball captain Jack Montague filed a lawsuit Thursday accusing the Ivy League university of wrongfully expelling him over a sexual assault allegation.

The lawsuit, filed in federal court in Connecticut, says Montague was punished over what he believes was consensual sex. It says Montague had a relationship with the woman, a fellow Yale student, and asserts that she came back to his room to spend the night after the encounter in question in October 2014.

The lawsuit argues that the university used the case against Montague, a popular and well-liked athlete, as an opportunity to show it was tough on sexual misconduct following a survey on sexual assault by the Association of American Universities. The association estimated that one in four Yale undergraduates had experienced an incident that “does not meet Yale’s standard for consent.”

“In short, imposing harsh discipline on Montague would surely make an impact,” the lawsuit says.

A Yale spokesman, Tom Conroy, said the lawsuit is factually inaccurate and baseless and the university plans a vigorous defense.

“Yale’s procedures for addressing allegations of sexual misconduct are thorough and fair,” he said. “Allegations are investigated by an impartial fact-finder, heard by five trained members of the Yale community, and decided by the accused student’s dean.”

Montague, a senior, was accused in a complaint filed on the woman’s behalf by a Title IX official Nov. 18. A university panel ruled against him, and the provost upheld the ruling, according to his attorneys. Montague was expelled Feb. 10.

His lawsuit names Yale as a defendant along with two university officials who were involved in processing the complaint against him. It alleges the woman only wanted someone from the school’s Title IX office to talk with Montague about the incident and provide training but she was encouraged to participate in a formal complaint process.

According to the lawsuit, the woman said in her account to a fact-finder that she told Montague she did not want to have intercourse but he looked as if he did not hear what she said. Montague told the fact-finder that nothing about the encounter made him think the woman was hesitant or uncomfortable. The dispute is about the last of four sexual encounters between the two students, his attorneys say.

Police and the local prosecutor said no criminal allegation has been filed in the case.

The lawsuit asks that Montague be reinstated as a student or for Yale to reopen the proceedings against him. It also seeks damages.

Expulsion at Yale requires a threshold of “preponderance of the evidence” for establishing wrongdoing, lower than any criminal case.

“Only about one out of 10 cases ends in expulsion, and the decision to expel a student is made only after the most careful consideration, based on the facts and, when appropriate, disciplinary history,” the school said.

RELATED ARTICLES >>
Ex-President of Temple University Fraternity Charged with Sexual Assault The former president of a now-suspended fraternity at Temple University has been charged as part of a month-long investigation into sexual misconduct, underage drinking and drug use. Ari Goldstein, 21, ex-president of the Alpha Epsilon Pi fraterni...
Being a Good Ally Much has been said, as must be said, about the African-American graduate student at Yale University who was reported by a White peer to the campus police for napping in a common room. I can identify. In stating my sympathy as an Asian American, howev...
Running for Maryland Governor, Ben Jealous Puts Focus on Education Maryland gubernatorial candidate Ben Jealous on the stump. BALTIMORE — On a recent Saturday, Benjamin Todd Jealous was up early, getting ready for a full day of campaign stops. The former president of the National Association for the Advancement ...
Calling the Police on People of Color Over the past few weeks, I – as I am sure is the case with many other socially conscious people – have become overwhelmed with what seems is the increasing number of racial-tinged incidents that seem to be occurring with unrelenting ferocity. Whit...
Semantic Tags: