Big 12 levies $2 million fine, says school has made progress

Baylor is now in full compliance with the Big 12 following a third-party review of recommendations implemented in the wake of its sexual assault scandal.

But Baylor was hit with a $2 million fine from the Big 12 for “reputational damage to the conference and its members” and will pay $1.65 million in legal fees.

Baylor will also have to wait 48 months to possibility receive the 25 percent in financial distributions that the Big 12 has withheld since February 2017 following the scandal that rocked the football program and brought down coach Art Briles. The amount totals $14.25 million. Minus the fine and legal fees, that would be about $10.6 million.

Overall, it was a mixed bag for Baylor, which also is facing notice of allegations from the NCAA, several federal victim lawsuits and a federal Office of Civil Rights investigation.

Baylor's 105 reforms were verified by Big 12 appointed attorney Janet P. Judge, an expert in Title IX and illustrates progress moving forward. And the school is back in full compliance with the Big 12 receiving full funding.

The $2 million fine was new. And while there’s a path toward reclaiming the $10.6 million in 48 months, it's not guaranteed by any stretch and will likely be considered by a vastly different Big 12 board of presidents and chancellors. Already five of the 10 members of the board have changed since the Baylor sanctions were applied.

“We’re very pleased that the board unanimously voted to affirm the report that indicated we had completed the 105 recommendations and that we were also in full compliance of the bylaws of the conference,” Baylor President Dr. Linda Livingstone said.

Livingstone said the Big 12 findings are consistent with other outside audits Baylor has done. She said they first became aware of the $2 million fine on Friday when looking at a summary of the proposed Big 12 actions.

“With regard to the $2 million fine and withholding, certainly there could have been ways that played out that were more favorable to us in the short run,” Livingstone said. “But we recognize what happened at Baylor had a significant impact on the individual members of our conference and the conference overall. So I think it's understandable that they might choose to move in this direction.”

The approximately $12.6 million remaining in withheld funds — including Baylor's fine — will be invested for 48 months, the Big 12 said, with earnings distributed to campus members to be used in funding campuswide and athletics prevention efforts on sexual and relationship harassment and violence, the Big 12 said.

At the end of the 48 months, the board of directors will determine how much of the withheld funds — minus the $2 million fine — will be returned to Baylor.

The school received a notice of allegations in September following an NCAA investigation. Among the allegations is a "lack of institutional control" by the school, a major violation. Baylor has until December to respond to the NCAA.