'I'm really sorry. I know you didn't want that': What disgraced ex-Yale basketball captain 'told his rape victim when they had sex even after she had told him NO'

• e-mail

Jack Montague is suing the school in federal court for his expulsion and has asked for an injunction so he can keep playing 

The former Yale University basketball captain who was expelled after being accused of rape apologized to his victim after sexually assaulting her, according to a court filing.

Lawyers for the Ivy League school have provided more details about the allegations that led to the expulsion of former point guard Jack Montague.

Montague is suing the school in federal court and has asked for an injunction that would allow him to return to finish his senior year.

Last year Yale apologized for supporting Montague. Though he was expelled, he he kept showing up to games. The Yale basketball team rallied behind Montague by wearing t-shirts in solidarity with their former captain.

His lawsuit alleges a Title IX officer brought a complaint against him in the fall of 2015 despite being told the woman did not believe Montague heard her when she tried to end their October 2014 sexual encounter.

Yale, in a filing opposing Montague's request for an injunction, said the woman — identified only as Jane Roe — made it clear she did not want to have intercourse.

The Bulldogs wore pregame shirts with a backwards 'Yale' on the front and 'Gucci,' Montague's nickname, on the back. It was the team's first public response concerning former captain Montague

'She told him, "Jack, no, I said I wanted to hook up but not have sex," but he penetrated Ms. Roe over her objection,"' according to the court filing. 'When the plaintiff was finished, he said to Ms. Roe, 'I'm really sorry. I know you didn't want that."'

The Ivy League school said the university panel that heard the complaint did not believe Montague's version of the encounter because of his 'selective memory and his shifting recollection with respect to how he obtained consent.'

Montague does not face criminal charges. Police and the local prosecutor say no criminal allegation was ever filed.

Jack Montague attended the games even after he was kicked off the team

The school claims that Montague (pictured playing in November, 2015) had two previous unrelated 'transgressions' that led to university discipline

His attorney did not immediately respond to an email Friday requesting comment.

The school notes that Montague had two previous unrelated 'transgressions' that led to university discipline.

One involved shoving a paper plate down the front of a woman's blouse. During another, the school said Montague became belligerent with a university police officer. Both involved alcohol, according to the court filing.

The school also responded to Montague's contention that the expulsion has caused him irreparable injury.

The lawyers wrote that six other students have been expelled since Yale created its University-Wide Committee on Sexual Misconduct in 2011. Each of those has continued his education, found full-time employment or both, the school said.

The judge has not issued a ruling on the request for an injunction. The larger lawsuit is scheduled to go to trial no earlier than February.

The lawyers wrote that six other students have been expelled since Yale created its University-Wide Committee on Sexual Misconduct in 2011