AUSTIN, TEXAS -- A federal judge ruled Wednesday that attorneys for a woman suing Baylor University can start interviewing sources and requesting documents pertaining to the school's mishandling of sexual assault complaints, including records relating to the school's own review of its Title IX compliance.
Former Baylor student Jasmin Hernandez filed the federal Title IX lawsuit in March, claiming that Baylor did not adequately respond to her report of being sexually assaulted by former Bears football player Tevin Elliott, who was later convicted in a criminal trial of raping Hernandez. The suit alleges that Baylor should have known Elliott was a threat due to prior instances of alleged assault.
Attorney Alexander Zalkin said the documents he'll request likely would include materials related to the report done by law firm Pepper Hamilton, whom the school hired last year to review its response to sexual assaults.
"They have covered up information for so long. What [Baylor] essentially did was ask the court to allow them to continue to cover up this information, and the court said no," Zalkin said. "And now, hopefully we'll get to learn what they knew and what they did, not just for Jasmin's sexual assault but for sexual assaults on campus in general."
In May, Pepper Hamilton issued a summary of its findings that stated that the university failed to follow Title IX procedures and noted that within the football program specifically there was "a failure to identify and respond to a pattern of sexual violence by a football player, to take action in response to reports of a sexual assault by multiple football players and to take action in response to a report of dating violence."
The judge also dismissed former Baylor football coach Art Briles and athletic director Ian McCaw from being sued in their official capacity as Baylor employees; Briles' attorneys argued that the men could not be sued as individuals under the federal gender discrimination law. Zalkin said he will refile to name them personally as defendants within the same federal case but under state negligence laws instead.
Lawyers for Briles and Baylor did not immediately respond to requests for comment.
In July, a former Baylor athletic department employee who was fired in connection with the release of the Pepper Hamilton findings filed a motion in state court to allow his attorney to interview regents and request documents, including the Pepper Hamilton materials, to determine whether he had grounds for a wrongful termination lawsuit. Thomas Hill, former assistant athletic director for community relations and special projects, withdrew his motion earlier this month.
Baylor's motion to dismiss Hernandez's Title IX case is still pending a judge's ruling. The parties are scheduled to meet Oct. 18 to set a trial date.
The Associated Press contributed to this report.