Baylor University, the world’s largest Baptist college, faces further upheaval and complications with regards to a Title IX claim filed in March 2016. Jasmin Hernandez had enrolled at Baylor when a former football player, Tevin Elliott, raped her at an off-campus party in 2012. In 2014, the court convicted Elliott of two counts of sexual assault and sentenced him to twenty years in prison.
In March 2016, Hernandez filed her Title IX lawsuit against Baylor, the former athletic director, Ian McCaw, and head football coach, Art Briles. Hernandez alleged negligence in how they handled her complaints, and she alleges their failures to assist amount “to deliberate indifference towards the unlawful sexual conduct and retaliatory conduct that had occurred, was occurring, or was likely to occur.”
Following the filing, Baylor released a statement addressing the claims. It stated, “[w]e provide interim remedies to support students who report sexual assault during the investigation and take immediate disciplinary action against students who are found responsible for acts of interpersonal violence.” However, the university did admit in an independent investigation reported a “fundamental failure” to obey federal laws and protect female students.
Most recently, the parties have been actively participating in mediation. However, McCaw, Briles, and Baylor advocate the Title IX claims should be dismissed based on the two-year window to bring such claims. According to the university, “dismissal is warranted because plaintiff has failed to state a claim for which relief can be granted. In particular, plaintiff’s claims are time-barred on their fact.” The motion also states “while Baylor is concerned for the welfare of all of its students, it is well settled that institutions of higher education may not be held liable in damages for criminal acts perpetrated by students against other students at a private, off-campus party unaffiliated with the institution.”