HARTFORD, CONNECTICUT – Former Yale basketball captain Jack Montague was expelled over a sexual assault allegation and plans to sue the school, his attorney said Monday.
Attorney Max Stern issued a statement saying Montague had a relationship with the woman. He said the dispute is about the last of four sexual encounters, occurring in October 2014.
The lawyer said the woman claims she didn’t consent to the sex but Montague said she did and also asserts she later came back to his room to spend the night.
Stern said a Title IX official filed a complaint on the woman’s behalf on Nov. 18, a university panel ruled against him and the provost upheld that ruling. Montague was expelled on Feb. 10.
Stern said Montague participated in the hearing process.
Stern called the decision “arbitrary and excessive by any rational measure” and believes Montague was made a “whipping boy” following a report on sexual assault by the Association of American Universities.
That report detailed a survey of Yale students and estimated 25.2 percent of undergraduates had experienced at least one incident that “does not meet Yale’s standard for consent” and 18.1 percent had experienced an incident that involved “force or incapacitation.”
“Yale has been oblivious to the catastrophic and irreparable damage resulting from these allegations and determinations,” Stern said. “The expulsion not only deprives Jack of the degree which he was only three months short of earning, but has simultaneously destroyed both his educational and basketball careers.”
Yale declined to comment on Montague’s case, but said its process for investigation allegations of sexual assault is thorough and fair.
In 2012, Yale settled resolved a federal complaint over its responses to sexual assaults on campus and set up a system to better handle complaints.
That system, in which complaints are resolved by a university committee, includes strict confidentiality requirements.
Expulsion at Yale requires a threshold of “preponderance of the evidence” for establishing wrongdoing, lower than any criminal case.