He is “ignoring that decision made by qualified professionals, the University of Dayton subjected Dyshawn to fundamentally defective and unfair university disciplinary procedures orchestrated to appease a broken Department of Education policy,” Ginsberg said in a statement.
“We will be challenging the university’s handling of this matter in the near future.”
The university declined to respond to Ginsberg’s statement, or explain why Pierre was suspended for a semester despite the absence of criminal charges. “We cannot discuss individual student matters because of federal privacy laws,” said UD spokeswoman Cilla Shindell.
In a May 29 email statement to UD police, Pierre said his actions with a female student at an on-campus residence hall on April 23, were “consensual,” according to police records obtained by this newspaper as part of a public records’ request. During a May 5 interview with UD police, the complainant said she “pushed at the suspect and told him to stop.”
The UD police investigation began on May 4 when word of the allegations made its way to the university’s Title IX coordinator. In addition to the criminal investigation, this would have kicked off an investigation into possibly violations of the student handbook, as well as a federally mandated probe.
Under university policy, the investigation is handed over to a three- to five-member hearing board consisting mostly of students. The board can dole out punishments up to expulsion. Board decisions about guilt or innocence — but not the decided consequences — can be appealed to a three-member panel.
“In cases that include sexual violence the likely consequence is suspension or expulsion if found responsible,” the UD student handbook states.
This disciplinary process is built around Title IX federal non-discrimination laws, which direct universities in how to handle sexual assault allegations. It allows hearing boards to make decisions based on a “preponderance of evidence,” which is a much lower threshold than the “beyond a reasonable doubt” standard used by courts.
In the Dez Wells case, Ginsberg argued that Xavier University rushed to judgment after a flawed investigation when it expelled the basketball player after an sexual assault allegation in 2012. Well’s suit sought financial damages and an apology from the school. It was settled in 2014 for an undisclosed amount.
Neither UD officials nor Pierre’s attorney would say where Pierre is in the disciplinary process. Ginsberg did not say whether he planned to take action in the university disciplinary process or the courts, or when he hoped Pierre would return to school.
“Dyshawn looks forward to a full and fair hearing and, ultimately, to vindication. No one — woman or man — should be subject to abuse, and no one — woman or man — should be deprived of fundamental rights and fair treatment,” Ginsberg wrote. “We look forward to the truth coming out, and Dyshawn looks forward to returning to the University of Dayton.”
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