Houston Chronicle

Baylor, football players cleared

Jury in civil case finds them not responsibl­e in alleged sex assault

- By Anna Bauman STAFF WRITER

A Harris County civil jury on Wednesday sided with Baylor University and two former football players, clearing them each of responsibi­lity in connection with an alleged campus sexual assault.

The jury issued a unanimous verdict after deliberati­ng for less than four hours following a threeweek trial in the 234th Civil Court of Judge Lauren Reeder. The trial revolved around a former member of the equestrian team’s allegation that two football players sexually assaulted her on Nov. 12, 2017, while she was incapacita­ted in her dorm room.

“This was an important decision that recognized Baylor is not the same institutio­n as it was three, four and even five years ago,” read a university statement. “We remain confident in the safety and security of the Baylor campus, in our training and education efforts related to sexual and interperso­nal violence, and in our policies and personnel when such unfortunat­e incidents involving young adults do occur.”

The plaintiff ’s attorneys did not

provide a comment about the verdict.

“(The plaintiff ) is entitled to every ounce of justice you give her,” Worth Carroll, one of her attorneys, said in his closing statement. “She is a remarkable human being; I am proud to know her. … She deserves justice.”

The university in recent years came under fire for a sexual assault crisis. In 2016, law firm Pepper Hamilton released the results of an outside investigat­ion that found the school fundamenta­lly failed to address and handle reports of sexual violence.

Baylor ousted top officials and implemente­d more than a hundred recommenda­tions, including training and education for students, faculty and staff, new policies and procedures, and a newly staffed Title IX office, according to the university.

“They’re embracing their responsibi­lity and moving forward,” said Julie Springer, an attorney representi­ng the university, in her closing statement Wednesday. She added that the school has become the “gold standard” for institutio­nal structures, policies and procedures surroundin­g sexual violence.

These measures were in place when the young woman, whose identity is being withheld in accordance with Chronicle policy, arrived on campus in the fall of 2017.

The plaintiff ’s attorneys argued that those steps were not enough to change a deeply embedded rape culture in which women were victim-blamed while the football team was prioritize­d.

In the wake of the scandal, fearing the loss of tuition dollars, the school launched a marketing campaign targeting high school girls and their mothers with a message of campus safety, the plaintiff ’s attorneys said.

The jury found the school not responsibl­e for the allegation that it committed fraud in connection with such messaging.

The woman accused her former university of allowing an unsafe environmen­t to flourish at her residence hall and failing to warn her about a history of reported sexual assaults at the apartment-style complex, which mostly housed freshman student-athletes. The jury determined that Baylor was not responsibl­e for negligence.

Baylor attorneys and witnesses repeatedly argued that nonstrange­r sexual assaults are not driven by location — they can happen anywhere. The majority of campus sexual assaults are committed by a known perpetrato­r, experts said. Besides, the number of sexual assaults reported at the young woman’s residence hall was declining when she moved in, the defense said.

Giving students or parents a dorm-specific breakdown of sexual assault reports, as the plaintiff suggested, could be misleading or raise confidenti­ality concerns, defense attorneys said.

“Not only was the plaintiff adequately warned about the dangers of sexual assault, every student was adequately warned,” argued Tom Brown, a defense attorney.

Springer, one of Baylor’s attorneys, balked at the plaintiff ’s suggestion that freshmen women — who research indicates are at the greatest risk for sexual violence — should not be housed alongside freshmen football players. Students are adults who have the right to privacy and the ability to make their own decisions, she said.

“(It) treads dangerousl­y close to engaging in stereotype­s that our society has long since abandoned,” Springer said. “I find that notion as offensive as it is unsupporte­d. There is nothing about those young men, any young male student athlete, that makes them more likely to commit sexual assault than an engineer student or a pre-med student.”

Springer, who accused the plaintiff ’s attorney of theatrics, denied the allegation that the woman was victim-blamed when she reported her case to the university. Springer said the student received counseling right away and that the young men were immediatel­y suspended from football activities and ultimately expelled.

The young woman reported her case to Title IX and Baylor University Police Department.

The Title IX investigat­ion found Tre’Von Lewis and John Arthur responsibl­e for engaging in nonconsens­ual sexual contact with the young woman while she was incapacita­ted. The young men knew or should have known that she was incapacita­ted, investigat­ors found.

Lewis, of Houston, told the police investigat­or that he believed he had nonconsens­ual sex with the woman, according to transcript­s of his interview.

“I asked him if he believed he had sex with Doe without consent, he said yes and shook his head yes,” Sgt. Molly Davis wrote in a police report. “He said, ‘I should’ve been smarter than that.’ ”

Arthur, who testified by deposition last week, said he believes he had consensual sexual contact with the woman.

Davis said the evidence was inconsiste­nt with the young woman’s claim that she was incapacita­ted, citing the woman’s inconsiste­nt statements as part of her evidence.

Sexual assault experts testified during the trial that survivors of trauma may contradict themselves and experience scattered thoughts or fragmented memories due to the cognitive impacts of trauma.

Police found no probable cause and a McLennan County grand jury declined to indict either man on sexual assault charges.

Title IX and police investigat­ions operate with different standards, different possible punishment­s and different definition­s of sexual assault and consent.

The defense said the woman showed no signs of trauma until videos began circulatin­g and teammates on the equestrian team bullied and shamed her in a phone call. Brown suggested to the jury that they may find the alleged assault was an “unfortunat­e and perhaps regrettabl­e” sexual encounter, but not a sexual assault.

The young woman has experience­d depression, anxiety and panic attacks for which she takes medication and sees a therapist, she testified. She left Baylor University and transferre­d to two different schools before eventually withdrawin­g. Most recently, she lost a job at a jewelry store due to a panic attack, she said.

The woman was joyful, fearless and full of hope and dreams before the alleged assault, her lawyers said.

“I think she’s the bravest person in the room,” her attorney Tom Cunningham said.

 ?? Godofredo A. Vásquez / Staff photograph­er ?? Defense attorney Tom Brown delivers his opening statement in the trial against Baylor University and two ex-football players.
Godofredo A. Vásquez / Staff photograph­er Defense attorney Tom Brown delivers his opening statement in the trial against Baylor University and two ex-football players.

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