Ex-student files Title IX lawsuit against Baylor over alleged sexual assault
The lawsuit said McCraw told Roe that she was â€œthe sixth female student to come in to McCrawâ€™s office to report that they had been sexually assaulted by Elliott.â€ The suit further stated that Baylor coach Art Briles â€œwas aware of the reports.â€
According to the suit, McCraw allegedly told Roe that there was â€œnothing the school could do for Roe unless there was a court determination that Elliott had indeed raped Roe. Otherwise McCraw said it would come down to a â€˜he said-she saidâ€™ situation, and the school could not act on it.â€
The lawsuit stated that Hernandez enrolled at Baylor in the fall 2011 and that on April 15, 2012, she was attending a party at a residence near campus. The suit says Elliott invited Hernandez and her friends to the party as he knew one of the friends.
The lawsuit stated that at one point in the evening, Hernandez became separated from her friends and that Elliott grabbed her by the wrist and led her outside. The suit states that as Hernandez continued to protest, the player picked her up over his shoulder and carried her behind a secluded shack on the property.
According to the lawsuit, one behind the shack, â€œElliott pushed Hernandez up against an embankment, ripped off her pants and began to rape her.â€ The suit says Hernandez began to pull her pants back up and Elliott grabbed her again, pulled her pants back down and raped her again.
Hernandez went back into the party and told her friends what had happened and they took her to a nearby hospital so a rape kit could be performed, according to the suit. The suit said Hernandez also gave an account of what happened to a Waco Police officer.
The lawsuit says Hernandezâ€™s mother arrived to help the next day and was turned away for help by: the Baylor Counseling Center, the psychology department at Baylorâ€™s Student Health Center, and Baylorâ€™s Academic Services Department which allegedly told the mother, â€˜If a plane falls on your daughter, thereâ€™s nothing we can do to help you.
According to the suit, Hernandezâ€™s mother and father both contacted Brilesâ€™ office multiple times to follow-up on the incident. The suit said the mother received a call saying the coach was looking into it and the father never received a return phone call.
The suit said despite Hernandezâ€™s report to several administrative offices, â€œBaylor did not take any action whatsoever to investigate Hernandezâ€™s claims."
The suit accuses Baylor of multiple failures to comply with federal law, Title IX, and that the school acted â€œwith deliberate indifference towards Hernandezâ€™s reports of rape to several different Baylor departments as reflected by Defendantsâ€™ actions and inaction alleged herein.â€
The lawsuit also alleged that a former member of Baylorâ€™s advisory board that â€œreviewed sexual assault response issues with community leaders has publicly stated that Baylor officials have known abou the larger problem of sexual assaults committed by student-athletes for years.â€ The suit said the former member is a nurse who â€œhas estimated that despite only making up 4% of the student population at Baylor, male student-athletes are responsible for 25% to 50% of all reported assaults that occur at Baylor.â€
Baylor had another player convicted of sexual assault last year. Defensive end Sam Ukwuachu was convicted of sexually assaulting a Baylor student following a football game against Iowa State in 2013. The victim in that case reached a settlement with the university late in 2015.