Yale Sexual Misconduct Case: Expelled Basketball Player Says He'll Sue

NEW HAVEN, CT - The attorney representing former Yale University basketball captain Jack Montague says the former student will sue the school over his expulsion following a sexual misconduct allegation.

Montague was kicked out of school in February in connection with case, which involves a female student.

His attorney, Max D. Stern, said in a statement that "Jack has been pilloried as a 'whipping boy' for a campus problem that has galvanized national attention."

Mystery surrounds the case, according to The New York Times, which reports that a "preponderance" of evidence appears to back up the victim's claim of not consenting to the sexual encounter. Montague denies the allegation.

"We strongly believe that the decision to expel Jack Montague was wrong, unfairly determined, arbitrary, and excessive by any rational measure," said Stern in a statement. "Yale has been oblivious to the catastrophic and irreparable damage resulting from these allegations and determinations. 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."

ESPN reports that the female student said the nonconsensual sexual encounter occurred in October 2014, and she filed her allegation in November 2015.

Stern said Montague and the female student "developed a relationship that led to them sleeping together in Jack’s room on four occasions" during the fall of 2014.

"The sole dispute is as to the sexual intercourse in the fourth episode," said Stern. "She stated that she did not consent to it. He said that she did."

Patch reached out to the university's press secretary, Tom Conroy, for comment Monday but did not immediately receive a reply. He told the Times that in cases where witnesses credibility is questioned, all of the evidence - both sides - is thoroughly reviewed to determine who is being truthful.

Stern told ABCNews that he intends to file the lawsuit in Connecticut sometime within a month.

The Yale basketball team made the NCAA Tournament this month for the first in 54 years, and will play against Baylor on Thursday, March 17. Montague's last game with the team was on Feb. 6 in a victory against Cornell, according to ESPN.

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