DAYTON, Ohio (WDTN) – A federal court judge has denied the request for a temporary restraining order by Dyshawn Pierre. Pierre filed suit against the University of Dayton after he was suspended for the semester and therefore ineligible to play basketball.
After an August 20 investigation, the University Hearing Board found Pierre responsible for violating the sexual harassment section of the student code of conduct.
During Pierre’s appeal process, the basketball player claimed to suffer from a disability which hinders his ability to express himself verbally. Pierre claims the University should have allowed him meaningful representation throughout the appeal.
The judge on the case says Pierre failed to bring attention to his disability and says the University is not held responsible. The court also found that the school has a right to conduct disciplinary policies as it sees fit. The court documents say the court “will not interfere with the private university’s right to make regulations, establish requirements, set scholastic standards and enforce disciplinary rules absent a clear abuse of discretion.”
The court found the judiciary case was fair.
Pierre claims the suspension has caused him to suffer irreparable injury. The court says that claim is without merit because Pierre had been suspended from school for one month before filing suit.
The court also found that the damage is not irreparable, because his suspension is temporary, lasting until December 20.
After the suspension ends, Pierre will be permitted to petition for re-enrollment to the University of Dayton.
Pierre was never charged with a crime. Prosecutors declined to bring charges against Pierre citing a lack of evidence.