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Judge Rules Baylor Sexual Assault Lawsuit Involving Football Team Will Proceed

Mar 7, 2017
WACO, TX - AUGUST 31:  A general view of play between the Southern Methodist Mustangs and the Baylor Bears at McLane Stadium on August 31, 2014 in Waco, Texas.  (Photo by Ronald Martinez/Getty Images)
WACO, TX - AUGUST 31: A general view of play between the Southern Methodist Mustangs and the Baylor Bears at McLane Stadium on August 31, 2014 in Waco, Texas. (Photo by Ronald Martinez/Getty Images)

A federal judge allowed 10 women to continue pursuing legal action against Baylor University for alleged Title IX violations, ESPN.com's Paula Lavigne reported Tuesday.

U.S. District Judge Robert Pittman ruled each of the 10 women "has plausibly alleged that Baylor was deliberately indifferent to her report(s) of sexual assault, depriving her of educational opportunities to which she was entitled."

According to Lavigne, the incidents occurred between 2004 and 2016, and the women said Baylor didn't follow Title IX legislation in response to reports of sexual assault:

Each woman has said that she reported her assault to someone at Baylor, such as the counseling center, Baylor police, university medical personnel or another campus office, and was met with "indifference and inadequate response." They say they were denied their rights under Title IX, the federal gender equity law that requires universities to investigate and address complaints of sexual violence.

One of the women, Jane Doe No. 1, alleged a member of the Baylor football team assaulted her in a university dorm room on April 26, 2014. Doe said her school performance declined, resulting in the loss of her scholarship after she received little reaction from Baylor's advocacy center once she reported the alleged assault.

Pittman threw out some the plaintiffs' claims, per KWTX in Waco, Texas.

Four of the women argued Baylor "deprived them of educational opportunities and benefits provided by the school" by their poor response to sexual assault allegations. Pittman determined their cases fell outside the statute of limitations.

Pittman also declined to allow the plaintiffs to argue Baylor was at fault for failing to adequately train school employees on how to handle sexual assault allegations, among other administrative issues from the university.

In allowing all 10 women to proceed with their lawsuits, Pittman determined that Baylor's inability to properly police sexual violence on campus prior to the alleged assaults put the women at increased risk to be sexually assaulted.

Baylor Women's Basketball Coach Kim Mulkey Apologizes for Sexual Assault Remarks

Mar 2, 2017
WACO, TX - DECEMBER 18: Baylor Bears head coach Kim Mulkey looks on against the Mississippi Lady Rebels on December 18, 2013 at the Ferrell Center in Waco, Texas.  (Photo by Cooper Neill/Getty Images)
WACO, TX - DECEMBER 18: Baylor Bears head coach Kim Mulkey looks on against the Mississippi Lady Rebels on December 18, 2013 at the Ferrell Center in Waco, Texas. (Photo by Cooper Neill/Getty Images)

Baylor women's basketball coach Kim Mulkey has issued an apology after comments made last week regarding the school's sexual assault scandal. 

On Thursday, Mulkey offered this response to her statement from February 25 after she won her 500th game with the Bears, per ESPN.com:

I'm sorry for those choice of words, timing wasn't good, poor analogy as well, because if you know me, I'm an emotional person, coached and coached with emotion. It all got the best of me, because I love this place. A lot of bad things happened here, but I've always thought about the victims.

Per John Elizondo of ABC 25 in Waco, Texas, Mulkey said this to the crowd in attendance at the Ferrell Center following Baylor's win over Texas Tech:

Mulkey previously expressed regret for those comments in an interview with Mechelle Voepel of espnW.com Tuesday. 

"I hate that I used the remark about punching them in the face," Mulkey said. "That was not literal. I was trying to make a point, to be firm in what you are saying back at them. I'm not a violent person. I apologize for the very poor choice of words."

Mulkey's initial comments came after a January lawsuit filed by a former student alleged 31 different Baylor football players committed 52 "acts of rape" between 2011 and 2014, per CBS Sports.

In addition to the lawsuit, Ralph D. Russo of the Associated Press reported last month that the Big 12 Conference will withhold 25 percent of Baylor's revenue share "until an outside review determines the university and athletic department are complying with Title IX guidelines and other regulations in the wake of a campus sexual assault scandal." 

Art Briles Denies Covering Up Accusations of Sexual Violence at Baylor

Mar 2, 2017
WACO, TX - OCTOBER 17:  Head coach Art Briles of the Baylor Bears looks on as the Bears take on the West Virginia Mountaineers in the second half at McLane Stadium on October 17, 2015 in Waco, Texas.  (Photo by Tom Pennington/Getty Images)
WACO, TX - OCTOBER 17: Head coach Art Briles of the Baylor Bears looks on as the Bears take on the West Virginia Mountaineers in the second half at McLane Stadium on October 17, 2015 in Waco, Texas. (Photo by Tom Pennington/Getty Images)

Former Baylor University head football coach Art Briles released a statement Wednesday defending his reputation and denying he covered up sexual assault allegations involving the team.

Phillip Ericksen of the Waco Tribune-Herald passed along details of a letter released by the former Bears coach concerning his role in the school's sexual assault scandal and the need for more transparency from the Baylor Board of Regents:

Let me be clear. I did not cover up sexual violence. I had no contact with anyone that claimed to be a victim of sexual or domestic assault. Anyone well-versed in my work as a coach knows that I strove to promote excellence but never at the sacrifice of safety for anyone. I did not obstruct justice on campus or off.

Briles stated his response to being alerted of any alleged assault involving a member of the roster was to suggest the accuser contact police, according to the Waco Tribune-Herald. The former coach also said he "never knowingly played anyone with a sexual assault allegation against him."

The 61-year-old Texas native was fired by Baylor last May amid widespread leadership changes at the school in the wake of the scandal. In a statement at the time, Board of Regents chairman Richard Willis commented on the systematic breakdown of reported sexual assaults:

We were horrified by the extent of these acts of sexual violence on our campus. This investigation revealed the University's mishandling of reports in what should have been a supportive, responsive and caring environment for students. The depth to which these acts occurred shocked and outraged us. Our students and their families deserve more, and we have committed our full attention to improving our processes, establishing accountability and ensuring appropriate actions are taken to support former, current and future students.

Dan Wolken of USA Today reported the sides reached an agreement to formally terminate the remaining portion of his contract last June.

Briles later filed a libel lawsuit against three Baylor officials for comments about his role in the situation that "likely ended his profession and career," but he dropped the suit in early February, per Sarah Mervosh of the Dallas Morning News.

That decision came days after Mervosh provided the details from a lawsuit filed by a Baylor graduate, who said she was raped by two football players in 2013. The documents included an allegation that members of the football team committed 52 acts of rape involving 31 players from 2011 through 2014.

In addition, Mervosh's report noted the lawsuit said Briles created a "culture of sexual violence" during his time leading the program and the "school implemented a 'show 'em a good time' policy that 'used sex to sell' the football program to recruits."

Ernest Cannon, Briles' lawyer, told the outlet the former coach had "absolutely no knowledge" of those alleged figures.

"Art Briles does not have an idea what they're talking about," Cannon said. "He knows about those two that got convicted and he knows that no player who ever got charged with any kind of a crime ever played for them."

The Waco Tribune-Herald pointed out Briles wrote in his letter Wednesday that he "could remain silent no longer" about the allegations made against him and urged the Baylor Board of Regents to "remember the importance of thorough investigations with full transparency."

Texas Ranger Division to Investigate Baylor's Handling of Sexual Assault Claims

Mar 1, 2017
ARLINGTON, TX - NOVEMBER 26:  A Baylor Bear helmet before a game against the Texas Tech Raiders at Cowboys Stadium on November 26, 2011 in Arlington, Texas. The Baylor Bears defeated the Texas Tech Raiders 66-42.  (Photo by Sarah Glenn/Getty Images)
ARLINGTON, TX - NOVEMBER 26: A Baylor Bear helmet before a game against the Texas Tech Raiders at Cowboys Stadium on November 26, 2011 in Arlington, Texas. The Baylor Bears defeated the Texas Tech Raiders 66-42. (Photo by Sarah Glenn/Getty Images)

Baylor University's handling of high-profile sexual assault allegations has been under the microscope over the past year, and the Texas Rangers investigative agency has now opened a review of the school's response, according to ESPN.com's Max Olson and Mark Schlabach

"The Texas Rangers are working with the local prosecutor to conduct a preliminary investigation to determine if further action is warranted," Texas Department of Public Safety press secretary Tom Vinegar said.

In the fall of 2015, Baylor hired Philadelphia-based law firm Pepper Hamilton LLP to conduct a comprehensive review of the school's response to sexual assault allegations. 

In May 2016, the school released the findings of that investigation.

Among them were "specific failings within both the football program and athletics department leadership, including a failure to identify and respond to a pattern of sexual violence by a football player and to a report of dating violence" and "significant concerns about the tone and culture within Baylor's football program as it relates to accountability for all forms of student-athlete misconduct."

Baylor also announced the dismissal of head football coach Art Briles at the time, as well as sanctions against former athletic director Ian McCaw.

And while the Wall Street Journal's Brad Reagan reported in November that Baylor wouldn't face sweeping NCAA sanctions a la Penn State for the Jerry Sandusky case, the school was notified of damning allegations two months later. 

On Jan. 27, a plaintiff listed as Elizabeth Doe filed a lawsuit against Baylor that included "an allegation that 31 Baylor football players committed at least 52 acts of rape, including five gang rapes, between 2011 and 2014—an estimate that far exceeds the number previously provided by school officials," per the Dallas Morning NewsSarah Mervosh

The allegations also highlighted systemic issues within the football program that "used sex to sell" Baylor to prospective recruits. 

"What has happened here in Waco, what happened at Baylor, is so far different from any university in the state," Texas state representative Roland Gutierrez said on ESPN's Capital Games podcast, per Olson and Schlabach. "We can't stop bad things from happening, but we sure as hell can demand accountability. We sure as hell can demand that people protect our children."

Baylor Suspends DB Travon Blanchard After Protective Order Issued

Feb 28, 2017
Baylor defensive back Travon Blanchard (48) during the Cactus Bowl NCAA college football game against Boise State, Tuesday, Dec. 27, 2016, in Phoenix. (AP Photo/Rick Scuteri)
Baylor defensive back Travon Blanchard (48) during the Cactus Bowl NCAA college football game against Boise State, Tuesday, Dec. 27, 2016, in Phoenix. (AP Photo/Rick Scuteri)

Baylor University suspended defensive back Travon Blanchard indefinitely after a judge issued a protective order against him following domestic abuse allegations.

"Immediately upon notification on Feb. 7, the appropriate campus student-conduct process was initiated and Blanchard was suspended indefinitely from all team related activities, pending the outcome of the investigation," Baylor director of athletic communications David Kaye said, per John Carroll and Mikel Lauber of KWTX.

Blanchard has been accused of multiple acts of abuse, dating back to at least last July. The protective order paints a picture of an “increasingly violent” relationship, which allegedly saw Blanchard push, grab and slam a woman he previously dated during four recorded incidents. 

On Wednesday, Blanchard’s attorney Michelle Tuegel released a statement regarding the accusation, per David Smoak of ESPN Central Texas:

We are investigating the allegations made against Travon Blanchard by his ex-girlfriend. It is important that people not rush to judgment in this situation. Travon is hopeful that this matter will be resolved and that he will have the opportunity to move forward as a student and as an athlete.

Police were involved on two different occasions, but Blanchard was not arrested. In July 2016, Blanchard allegedly tried to force the woman into her apartment after an argument that became physical but backed down when threatened with arrest by police. 

On Feb. 4, Blanchard allegedly broke the woman's finger and left her bleeding from the hand after attempting to grab her car keys. He had allegedly followed her from a restaurant following an incident with another man. A police officer was contacted but was unable to find Blanchard.

The two other incidents saw Blanchard allegedly slam the woman into walls at an apartment and slam her into a car. The affidavit also says he “damages the applicant’s property when she tries to break up with him, as well as [places] a joker card, otherwise known as the killer card, on her car." The order also noted there is a "threat of family violence in the future."

This is just the latest incident in a series of concerning events at Baylor which also called into question its handling of student-athlete conduct, specifically in regard to women. An investigation uncovered widespread cover-ups of sexual assaults and other crimes on campus. The result has been a totally revamped football program, with former coach Art Briles and multiple other athletic administrators being fired or resigning from the university.

Former Baylor Asst. AD Heath Nielsen Cleared After Alleged Sportswriter Assault

Feb 15, 2017
WACO, TX - OCTOBER 24: The swollen Brazos River runs just behind the playing field before the Iowa State Cyclones take on the Baylor Bears at McLane Stadium on October 24, 2015 in Waco, Texas. (Photo by Ron Jenkins/Getty Images)
WACO, TX - OCTOBER 24: The swollen Brazos River runs just behind the playing field before the Iowa State Cyclones take on the Baylor Bears at McLane Stadium on October 24, 2015 in Waco, Texas. (Photo by Ron Jenkins/Getty Images)

A grand jury in McLennan County, Texas, decided against indicting Heath Nielsen, former associate athletic director at Baylor University, KWTX's John Carroll reported Wednesday.

Nielsen was charged with a misdemeanor after he allegedly assaulted a sportswriter following the Bears' 62-22 defeat to the TCU Horned Frogs last November. The affidavit from the arrest warrant claimed Nielsen grabbed James McBride of the Texas Blaze News by the throat and pushed him away from a Baylor football player. 

The grand jury reached its decision after viewing video of the incident captured by cameras inside McLane Stadium.

"We are not surprised, but we are grateful that the video evidence revealed the truth and innocence of Heath Nielsen regarding the recent accusations made against him," said Michelle Tuegel, Nielsen's attorney.

Carroll reported Nielsen received internal punishment following his altercation with McBride. He's no longer listed in the athletic department's employee directory and left the school Feb. 3, per Carroll.

Nielsen had previously gotten in hot water with the Big 12, which fined him $1,000 in 2014 after he made critical comments on Twitter about the officiating in the Bears' 41-27 loss to the West Virginia Mountaineers.

Baylor to Have 25 Percent of Revenue Payments Withheld by Big 12, Pending Review

Feb 8, 2017
WACO, TX - SEPTEMBER 12:  A general view of McLane Stadium before a game between the Lamar Cardinals and the Baylor Bears on September 12, 2015 in Waco, Texas.  (Photo by Ronald Martinez/Getty Images)
WACO, TX - SEPTEMBER 12: A general view of McLane Stadium before a game between the Lamar Cardinals and the Baylor Bears on September 12, 2015 in Waco, Texas. (Photo by Ronald Martinez/Getty Images)

The Big 12 announced Wednesday it will withhold 25 percent of the future revenue distributed to Baylor University until the conference can have a third party determine whether appropriate changes have been made to the school's internal governance.

"By taking these actions the board desires to ensure that the changes that were promised are actually made and that systems are in place to avoid future problems," said University of Oklahoma President David Boren, who serves as the chairman of the Big 12's board of directors. "The proportional withholding of revenue distribution payments will be in effect until the board has determined that Baylor is in compliance with conference bylaws and regulations as well as all components of Title IX."

David E. Garland, Baylor's interim president, said in a statement he welcomes the third-party oversight: "This third-party review at the request of the Big 12 Conference will provide an opportunity for us to demonstrate our progress to date and our ongoing commitment in establishing Baylor as a leading institution in athletics compliance and governance and for preventing and addressing sexual assaults on college campuses."

ESPN.com's Jake Trotter noted a 25 percent share of Baylor's Big 12 revenue would've equaled $7.6 million last year.

The conference's announcement comes as a result of the sexual assault scandal that saw the school fire head football coach Art Briles.

Law firm Pepper Hamilton produced a findings of fact that didn't provide specifics but concluded Baylor failed to follow Title IX legislation and inadequately investigated allegations of sexual assault against members of the football team.

Last Thursday, the Houston Chronicle's Jenny Dial Creech reported on a lawsuit filed by former assistant athletic director Colin Shillinglaw. As part of the lawsuit, text message and email exchanges purportedly showed Briles was made aware of specific allegations and attempted to downplay or cover them up.

Creech shared copies of some of Briles' text exchanges (warning: NSFW language included):

The San Antonio Express-News' Mike Finger and SoonerScoop.com's Eddie Radosevich questioned whether the Big 12's withholding of revenue is an appropriate punishment:

USA Today's Dan Wolken argued the Big 12 wanted to give the impression of bringing the hammer down on Baylor without actually doing so:

The school may have bigger problems down the road, however. 

Paula Lavigne and Mark Schlabach reported for ESPN's Outside the Lines on Friday the NCAA has begun interviewing people connected to the sexual assault scandal. In addition to any potential Title IX infractions, the NCAA is looking into whether the Bears committed any recruiting violations or provided improper benefits to players.

Baylor Strength Coach Brandon Washington Fired After Prostitution Charge Arrest

Feb 6, 2017
BUFFALO, NY - SEPTEMBER 12:  A Baylor Bears helmet on the sidelines during the game against the Buffalo Bulls at UB Stadium on September 12, 2014 in Buffalo, New York.  (Photo by Vaughn Ridley/Getty Images)
BUFFALO, NY - SEPTEMBER 12: A Baylor Bears helmet on the sidelines during the game against the Buffalo Bulls at UB Stadium on September 12, 2014 in Buffalo, New York. (Photo by Vaughn Ridley/Getty Images)

Baylor Bears strength and conditioning coach Brandon Washington was arrested Saturday morning on a solicitation of prostitution charge and subsequently fired, per a report Monday by Tommy Witherspoon of WacoTrib.com.

Baylor said in a statement Washington was fired immediately from his position as an assistant football coach after the school learned of the arrest.

"When we arrived at Baylor, we made a commitment to character and integrity in our program," head coach Matt Rhule said, per Witherspoon. "Brandon's actions are completely unacceptable. We will not tolerate conduct that is contradictory to these values."

Washington was a member of Rhule's staff at Temple before Baylor hired its new head coach in December.

According to Witherspoon, Washington was arrested when he arrived at a hotel to meet a prostitute. The charge is a Class B misdemeanor, and Washington was released from McLennan County Jail on Saturday after he posted a $1,000 bond.

This is just the latest news for a program mired in scandal.

Jenny Dial Creech of the Houston Chronicle reported Thursday that Baylor officials provided documentation alleging former head coach Art Briles and former athletic director Ian McCaw were aware of and tried to cover up various infractions by football players.

"There are other examples of players who were doing drugs, selling drugs, pulling a gun on another student, assaulting another student," Creech wrote. "Briles' responses via text and e-mail all show he was allowing his players to act above the law. He never pursued proper disciplinary actions against any of them.

"Briles and McCaw allegedly discussed a gang rape that involved five football players. Rather than go through proper channels to report the incident, McCaw kept it in house and went to Briles and his staff."

In May, the school passed along the findings of fact from an investigation conducted by Pepper Hamilton, which led to Briles' dismissal. The investigation found the school didn't properly follow Title IX legislation and failed to investigate allegations of sexual assault by players in the football program.

Art Briles' Alleged Texts Regarding Baylor Football Scandals Revealed in Lawsuit

Feb 2, 2017
WACO, TX - OCTOBER 24: Baylor Bears head coach Art Briles applauds his team as the Bears take on the Iowa State Cyclones in the second half at McLane Stadium on October 24, 2015 in Waco, Texas. (Photo by Ron Jenkins/Getty Images)
WACO, TX - OCTOBER 24: Baylor Bears head coach Art Briles applauds his team as the Bears take on the Iowa State Cyclones in the second half at McLane Stadium on October 24, 2015 in Waco, Texas. (Photo by Ron Jenkins/Getty Images)

Art Briles has attempted to distance himself from the scandal that ended his tenure with the Baylor Bears, but the former head coach will be under renewed scrutiny after correspondence that allegedly came from Briles was released as part of an ongoing lawsuit. 

The Houston Chronicle's Jenny Dial Creech reported Thursday that texts and emails purportedly show Briles' being made aware of and attempting to cover up infractions committed by football players.

"There are other examples of players who were doing drugs, selling drugs, pulling a gun on another student, assaulting another student," Creech wrote. "Briles' responses via text and email all show he was allowing his players to act above the law. He never pursued proper disciplinary actions against any of them."

On Friday, Mark Schlabach of ESPN provided a statement from former athletic director Ian McCaw's attorney regarding the report:

Last May, Baylor shared a findings of fact conducted by Pepper Hamilton that found the school failed to properly follow Title IX legislation and investigate allegations of sexual assault. The report led to Briles' dismissal.

In an interview with ESPN's Tom Rinaldi in September, Briles acknowledged his and his coaching staff's mistakes but shifted the blame when pressed on specific allegations: "The way the chain usually works is the head coach is last to know. Head coaches are sometimes protected, in certain instances, from minor issues. Now, major issues I was always made aware of."

The lawsuit, which former Baylor assistant athletic director Colin Shillinglaw filed, gives a different picture of Briles.

"Hopefully he's under radar enough they won't recognize name," Briles texted to an assistant coach regarding an underage player who was cited for illegal alcohol consumption, per Creech. "Just trying to keep him away from our judicial affairs folks."

In another example, Briles seemingly played down allegations of a gang rape involving five football players. The court filing claims he received a list of the players from McCaw. Briles then allegedly called the players "some bad dudes" and asked why the victim was around the players in the first place.

According to the Dallas Morning NewsSarah Mervosh, Briles also allegedly said the victim should inform the appropriate authorities about the incident.

Briles filed a libel lawsuit against Baylor officials in December and was seeking more than $1 million in damages. He dropped the lawsuit Wednesday, per Julie Hays and Mikel Lauber of KWTX in Waco, Texas.

Art Briles Drops Libel Lawsuit Against Baylor

Feb 2, 2017
FORT WORTH, TX - NOVEMBER 27:  Head coach Art Briles of the Baylor Bears during the second half against the TCU Horned Frogs at Amon G. Carter Stadium on November 27, 2015 in Fort Worth, Texas.  (Photo by Ronald Martinez/Getty Images)
FORT WORTH, TX - NOVEMBER 27: Head coach Art Briles of the Baylor Bears during the second half against the TCU Horned Frogs at Amon G. Carter Stadium on November 27, 2015 in Fort Worth, Texas. (Photo by Ronald Martinez/Getty Images)

Former Baylor Bears head coach Art Briles dropped a libel lawsuit against his former employer Wednesday after he alleged members of the school's board of regents made claims that damaged his reputation.

According to KWTX's Julie Hays and Mikel Lauber, Briles initially filed the suit in December and said "false information and defamatory statements" threatened to prevent him from getting hired again in a head coaching capacity.

Briles filed the lawsuit after members of Baylor's board of regents told the Wall Street Journal's Brad Reagan he did not report an alleged sexual assault by members of the football team.

According to Reagan, the regents disclosed that Briles "knew about an alleged incident and didn't alert police, the school's judicial-affairs staff or the Title IX office in charge of coordinating the school's response to sexual violence."

"There was a cultural issue there that was putting winning football games above everything else, including our values," regents member J. Cary Gray, who was named in the lawsuit, told Reagan. Gray added that "we did not have a caring community when it came to these women who reported that they were assaulted. And that is not OK."

Baylor moved to fire Briles in May, when law firm Pepper Hamilton LLP disclosed the findings of an investigation that did not paint the former head coach in a positive light.

According to the school's statement, there were "specific failings within both the football program and athletics department leadership, including a failure to identify and respond to a pattern of sexual violence by a football player and to a report of dating violence."

Last Friday, the Dallas Morning News' Sarah Mervosh reported a Baylor graduate filed a lawsuit against the school that alleged "31 Baylor football players committed at least 52 acts of rape, including five gang rapes, between 2011 and 2014."

When Reagan's piece ran in October, regents disclosed that 17 women had reported sexual assaults, including four gang rapes, involving 19 members of the football team dating back to 2011.