Whether or not he committed assault that night is next to irrelevant, his actions that night show very poor judgment and evince questionable character, and this is in addition to his prior incident when he was disciplined for selling team equipment on eBay.
Everyone can stop with the "innocent until proven guilty", this isn't a courtroom You don't need to be guilty beyond a reasonable doubt for a coach to conclude that you don't have the values he's looking for.
I say pass. As much as I criticize him, Lavin is a good enough recruiter to find a player of similar caliber, but who conducts himself more appropriately.