Baylor

The plaintiff in a Title IX lawsuit against Baylor has requested former head football coach Art Briles and former Athletics Director Ian McCaw be removed as defendants.

Staff photo — Rod Aydelotte

Jasmin Hernandez, a plaintiff in a Title IX lawsuit filed last year against Baylor University, requested in a filing Tuesday to remove former head football coach Art Briles and former Athletics Director Ian McCaw as defendants. The case was also settled with the uni versity, according to Hernandez’s lawyer.

Briles and McCaw were accused of negligence in the suit. The case will close pending a judge’s signature.

Hernandez’s lawyer, Irwin Zalkin, said the matter has been “resolved with all parties.”

“We’re moving on,” Zalkin said. “Jasmin is very happy with that and pleased to be moving on with her life.”

When asked if Hernandez received settlement money, Zalkin said, “I can’t talk about the terms of the agreement, but I’ll let you guess.”

A Baylor spokesman declined comment.

Though the Tribune-Herald does not normally name rape victims, Hernandez agreed to be named in the lawsuit. She was raped by former football player Tevin Elliott in 2012. Elliott is serving a 20-year prison sentence.

Mark Lanier, Briles’ attorney, said schools have contacted his client about coaching again, and he expects Briles to be coaching in 2018. Briles was fired in May 2016 amid the school’s sexual assault scandal.

“There’s no question this is one step toward him getting back into coaching,” Lanier said. “He did not want to get back into coaching until he finished through the legal system.”

Lanier said Hernandez dropped the suit against Briles and did not request money or an apology from him.

Lanier said Briles feels “a measure of vindication” by Tuesday’s filing.

“He does feel bad for anybody who was hurt at all,” Lanier said of Briles. “Whether through Baylor or otherwise, he’s still got a soft heart for a victim of any crime at all. He’s cognizant of that.”

McCaw is athletics director at Liberty University. An attempt to reach his attorney Tuesday evening was unsuccessful.

Hernandez filed the lawsuit in March 2016, two months before Briles was fired and McCaw resigned. It was the first Title IX lawsuit filed against the school related to the sexual assault scandal. Ken Starr was also removed as president amid the scandal and later resigned from his other roles.

In April, U.S. District Judge Robert Pitman moved the lawsuit forward under Hernandez’s claim that Baylor created a heightened risk for sexual assault.

Baylor now faces four Title IX lawsuits with 13 plaintiffs. Seven suits had been filed.

The school reached a settlement in July with a former student who alleged she was raped at an off-campus party. It settled another Title IX suit in May that was filed by a former financial aid staffer.

The school has reached out-of-court settlements with at least three other alleged victims of sexual assault. One of those former students is the alleged victim of Sam Ukwuachu, whose trial led regents to commission an independent investigation of Baylor’s handling of sexual assault reports.

Phillip has covered higher education for the Tribune-Herald since November 2015.

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