Dyshawn Pierre is suing the University of Dayton to be reinstated immediately and rejoin the basketball team for this upcoming season.
The senior forward is not enrolled for the fall semester at UD following a May rape allegation. Due to "insufficient evidence" the allegation against Pierre was not pursued by the Montgomery County Prosecutor’s Office according to the Dayton Daily News.
"I want justice and I want to return to my normal life," Pierre said in a written statement released by his lawyer Peter Ginsburg. "The allegations against me are false. And now, I find myself with my reputation tarnished, my schooling interrupted and my dream of helping the basketball team win a national championship being threatened."
The lawsuit brought upon the University is asking for a preliminary injunction, which if accepted would enable Pierre to rejoin the basketball team and be reinstated immediately for the fall semester.
Pierre was the Flyers’ returning leading scorer and rebounder and was named a co-captain for the upcoming season. The Flyers, who won 27 games last year, were eight minutes away from a second-consecutive Sweet 16 appearance in the NCAA tournament and had high expectations entering this year.
"After being accused of an assault, The University took over five months to reach its flawed decision," Ginsburg’s statement read. "This University’s decision unsupported by any objective or credible evidence of any sort, flies in the face of law enforcement’s determinations about the charge of sexual assault."
The statement also stated that Pierre was deprived of the fundamental right to confront his accuser or have the chance to rebut the many changing and inconsistent stories told by the accuser.
The University of Dayton did not comment on the statement or lawsuit that was filed by Pierre but did release a statement saying, "The University of Dayton’s processes are in compliance with U.S. Department of Education requirements. The University does not comment on pending litigation."
The University has 10 days to respond to the lawsuit and will make the decision on whether Pierre is on the court for their opening game against Southeast Missouri State on Friday, Nov. 13.