Austin American-Statesman

Gang rape allegation added to lawsuit against Baylor

Civil rights plaintiff Hernandez claims knowledge of 2011 incident involving victim ‘Jane Roe 4.’

- By Suzanne Halliburto­n shalliburt­on@statesman.com

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 Her- nandez’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 Tevin Elliott in 2012. Elliott was sentenced to 20 years in prison in 2014 after prosecutor­s said he sexually assaulted as many as five women.

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

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