A woman who has filed a civil rights lawsuit against Baylor, saying the school failed to protect her, now is alleging another student was gang raped by football players in 2011.
Jasmin Hernandez’s lawsuit,
which was filed in March and amended last week, offered few details of the incident and identified the woman only as “Jane Roe 4.”
Meanwhile, former coach Art Briles, who is a defendant in Hernandez’s lawsuit,
filed a motion last week asking a judge for a protective order to keep Hernandez’s lawyers from trying the case in public. Briles contends that Hernandez’s lawyer lied to the media when he said that Briles had broken a promise to apologize to Hernandez during a mediation session in June.
Hernandez filed her lawsuit against Briles, the school and former athletic director Ian McCaw. Earlier this month, Baylor
asked a judge to dismiss the case because it’s past the statute of limitations and that schools can not be held responsible for damages at off-campus functions.
In her suit, Hernandez details what happened to her when she was raped by Elliott in 2012. Elliott was sentenced to 20 years in prison in 2014 after prosecutors
said he sexually assaulted as many as five women.
Baylor and former coach Art Briles have asked a judge to dismiss a lawsuit filed by former student Jasmin Hernandez.
Hernandez’s original suit also had references to the experiences of three other women. Jane Roe I said she was raped by Elliott. Jane Roe 2 said that
she was raped by football player Tre’Von Armstead. No charges were filed. Armstead was expelled from school in 2015.
Jane Roe 3 has settled with Baylor after she was sexually assaulted by Boise State transfer Sam Ukwuachu,
who was sentenced to 180 days in jail last August. The amended lawsuit added Jane Roe 4, who was identified as a Baylor female athlete.
The suit said: “Plaintiff is informed, believes and on that basis alleges that a female student athlete, Jane Roe 4, was gang raped by Baylor football players in 2011. Baylor had actual knowledge of Jane Roe 4’s gang rape but failed to respond promptly and equitably. As a result of Baylor’s inequitable response, Jane Roe 4 transferred out of Baylor to another university.”
Baylor had a mediation session with Hernandez last month. But sides are at an impasse. Baylor wants the case dismissed. Hernandez wants a jury trial.
Afer the mediation session, Hernandez’s lawyer blasted Briles, saying the former coach no-showed after promising to apologize.
Briles’s motion said Hernandez’s lawyers “calculated to damage Coach Briles’ credibility and reputation with the public by falsely accusing Coach Briles of breaking promises and pledges to attend a mediation Coach Briles knew nothing about.”