The Lawsuit Named Coach Art Briles and Ian McCaw, Athletic Director as Defendants In the Civil Claim
San Diego, CA – The recently filed Title IX civil lawsuit against the Baylor University Board, Briles and McCaw on behalf of Jasmin Hernandez, a former Baylor University student who was raped by Tevin Elliott, a Baylor football player, has served as fuel for the Baylor Board of Regents action today to demote UniversityPresident Ken Starr and terminate head Football Coach Art Briles. The lawsuit claims that Baylor failed to comply with Title IX requirements to investigate and support students who are victims of campus sexual assault. The complaint was filed in March in the United States District Court, Western District of Texas, Waco Division. The lawsuit alleges that Football Coach, Art Briles, was well aware of prior sexual assaults by Elliot and failed to take any action to protect other students from this predator.
This week, as news of the Board of Regents actions to possibly terminate or demote President Starr came out, Jasmin has stepped forward to offer her comments to the news media about her case and what she endured as a sexual assault victim at Baylor.
“Jasmin Hernandez showed incredible courage by publicly stepping forward and filing this high profile complaint against the University,” said Irwin Zalkin, attorney for Hernandez. “As one of several victims of sexual assault by Baylor football players, her lawsuit added to the growing pressure on the University to take action. Ken Starr, of all people, should have taken action sooner to prevent sexual harassment and assault against female students, and Art Briles should have been terminated long ago.”
The civil complaint outlines the details of alleged sexual assault and rape suffered by the Plaintiff, Jasmin Hernandez, while she was a student at Baylor University. Ms. Hernandez was a Baylor freshman at the time she was raped by Tevin Elliott, at an off campus location in 2012. Elliott was eventually charged and convicted of the rape and is presently serving 20 years in prison. Ms. Hernandez was one of six women who reported that they were either raped or assaulted -- in incidents from October 2009 to April 2012 -- by Elliott, who was convicted on two counts of sexual assault in January 2014 for the incident involving Ms. Hernandez.
The civil complaint details how the Plaintiff reported the rape and sexual assault to university authorities who refused to investigate, and never offered any support or assistance to Jasmin. She also reported the sexual assault to Baylor Campus Police. She contacted the Baylor Student Health Center to seek counseling and was told there was no one who could help her.