A former Baylor University student and her attorneys filed an amendment this week to a federal Title IX lawsuit, adding a reference to a 2011 gang rape of another woman by university football players and adding findings of a Pepper Hamilton LLP investigation into Baylor’s failures in handling sexual assault reports.
The lawsuit names former Baylor head football coach Art Briles, former athletics director Ian McCaw and the university as defendants.
Jasmin Hernandez, who originally filed the lawsuit in March, was sexually assaulted in 2012 by Tevin Elliott while both were Baylor students. Elliott, who was on the football team at the time, was sentenced in 2014 to 20 years in prison.
The original suit outlines Baylor mishandling the cases of three women other than Hernandez who had reported sexual assaults or rapes by football players. The suit identifies the women as Jane Roe, Jane Roe 2 and Jane Roe 3.
In the amended suit, Hernandez’s attorneys Susan Hutchison and Alex Zalkin add a fourth woman, saying Jane Roe 4 “was gang raped by Baylor football players in 2011.”
The lawsuit states Baylor had knowledge of the gang rape but “failed to respond promptly and equitably.”
Attempts to reach Zalkin on Friday evening were not successful.
Hernandez’s lawsuit alleges Baylor officials knew of Elliott’s proclivity toward sexual violence and were indifferent and insensitive after she reported the sexual assault.
The lawsuit states Jane Roe 4 transferred out of Baylor to another university as a result of Baylor’s inequitable response.
The Tribune-Herald typically does not publish names of sexual assault victims, but Hernandez has given permission for her name to be used and has publicly raised awareness of her case.
The motion also states Baylor made it a practice to ignore sexual violence committed by football players, including Elliott, who had multiple sexual assault complaints filed against him before he raped Hernandez.
Another former football player, Sam Ukwuachu, a Boise State University transfer, was convicted last year of sexually assaulting a Baylor female athlete. Ukwuachu is pushing for a new trial.
In addition to Jane Roe 4, the amended lawsuit adds findings of the Pepper Hamilton investigation.
It says former Baylor President Ken Starr responded to mounting public pressure in August 2015 when the school commissioned the law firm to conduct and independent investigation. The lawsuit states that the investigation outlined Baylor’s failures in addressing and responding to sexual misconduct on campus.
Amid Baylor’s national sexual assault scandal, Starr was removed as president and later resigned as chancellor after the investigation’s findings were announced. McCaw resigned after the school sanctioned him and placed him on probation in June.
Baylor officials have said they are adopting Pepper Hamilton’s recommendations as mandates as they work to ensure the university has the policies, personnel and infrastructure in place to properly address and respond to sexual assaults.
Baylor spokeswoman Lori Fogleman said the university has no comment because officials have not yet reviewed the amended lawsuit.