But Pierre’s attorneys continued their efforts to get a preliminary injunction stopping the semester-long suspension that removed Pierre from school. A University Hearing Board (UHB) found that Pierre violated student conduct related to unwanted sexual contact alleged by a female student April 23. The Montgomery County Prosecutor’s Office did not pursue criminal charges.
An Oct. 21 motion by Pierre’s attorney Peter R. Ginsberg requested a hearing and stated that he plans to seek limited document discovery and to dispose the two Title IX investigators prior to the hearing. The hearing is scheduled for Nov. 16-17 in Dayton’s U.S. District Court.
Ginsberg had challenged the fairness of the school’s University Hearing Board (UHB) process set against a nationwide debate over claims of sexual assault on college campuses and how schools investigate cases involving Title IX complaints.
UD’s attorney has asked Rose to dismiss the civil suit because the school argues that Pierre has failed to set forth facts or legal claims sufficient to state a claim upon which relief may be granted.
The motion by UD attorney Doreen Canton argues against all eight of Pierre’s alleged counts in the job discrimination suit.
“A breach of contract claim requires Mr. Pierre to show that the University acted in an unreasonable, arbitrary, or unconscionable manner,” Canton wrote. “Mr. Pierre has not pled a claim which could establish that the University acted in such a manner.”
Pierre, UD’s leading returning scorer and rebounder, is eligible to apply for reinstatement Dec. 20 and play in the Flyers’ Dec. 22 game against Miami University.
“Pierre has not shown that refusal to issue an injunction would cause him to suffer irreparable injury,” Rose wrote in his Oct. 19 decision. “Pierre had been suspended from school one month before filing the suit. The significance of his delay in seeking an injunction is even greater because his suspension only lasts until the end of this semester.”
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