The plaintiff, former Baylor student Dolores Lozano, filed the lawsuit against Briles, McCaw and the university in 2016. He also noted that “the testimony of Art Briles and Ian McCaw is still admissible in this case.” Pitman also dismissed the gross negligence claims against Baylor, but the Title IX and negligence claims against Baylor still stand. Judge Robert Pitman dismissed former head football coach Art Briles and former athletic director Ian McCaw from the lawsuit Friday, saying the plaintiff did not prove their case against them and “no reasonable jury” could conclude the two men were negligent. His trial would reveal accusations by three other women that he raped them and a conviction of misdemeanor physical assault of another.Art Briles walks toward Waco's U.S. 24, 2014, Elliott was convicted of raping Hernandez and was sentenced to the maximum 20 years in prison and a $10,000 fine. When the assistant texted Briles later and told him that Elliott had been contacted by Waco police, Briles replied: "Dang it." He was with her and said when she said stop he did." "Wow - not good - I'll call you later," Briles replied. When the coaches learned of the allegation, an assistant coach texted Briles and told him that Elliott "firmly denies even knowing the girl." But, after interviewing Elliott the next day, the assistant told Briles that Elliott "admitted he lied to us. Two weeks later, on April 15, Jasmin Hernandez told police that Elliott raped her behind a pool house near one of his teammates' town homes. I'll get shill (Shillinglaw) to ck on Sibley." (Sibley was in reference to Waco attorney Jonathan Sibley.) It states McCaw responded, "That would be great if they kept it quiet."Īnother example cited in the ESPN report included former player Tevin Elliott: On April 1, 2012, a woman told Waco police that Elliott raped her at her apartment three days earlier. 20, 2013, quotes Briles in a text to McCaw, "Just talked to - he said Waco PD was there - said they were going to keep it quiet - Wasn't a set up deal. " In reference to a player who was arrested for assault and threatening to kill a non-athlete, a football operations staff member "tried to talk the victim out of pressing criminal charges," the document states. Just trying to keep him away from our judicial affairs folks. In a separate instance cited by ESPN: In one of the messages, dated April 8, 2011, the response notes that Briles sent a text message to an assistant coach, referencing a freshman defensive tackle who was cited for illegal alcohol consumption, "Hopefully he's under radar enough they won't recognize name - did he get ticket from Baylor police or Waco?. The mom also talked about Baylor protecting the guy because he is a Baylor football player and that he had an assault record before he was at Baylor." She mentioned that she lives in constant fear, 24 hours a day she is scared that or his friends will come beat her up. It states the specialist wrote, "I haven't seen a student as scared and upset as she was in a long time. In January 2015, the woman and her mom met with a learning accommodation specialist at Baylor who, upon hearing her story, immediately contacted judicial affairs, the Title IX office, student life and the office of general counsel. She returned to Baylor in the summer and fall sessions of 2013 but withdrew after more encounters with Oakman. Worse, when Pepper Hamilton questioned Shillinglaw about the incident and showed him evidence of his involvement, Shillinglaw insisted he did not recall anything about it." The woman, a Baylor student, declined to pursue the criminal case and left the state. From the ESPN report: She made a report to Waco police, and brought a copy of it to Shillinglaw and "two other people she believed to be assistant football coaches." The response to the lawsuit states, "There was no evidence that Shillinglaw or anyone in the football program shared the report with Baylor officials outside of the Athletics Department.
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