It’s not gonna be a good one for the Bears.
First off, the school is about to release a spreadsheet containing information behind every alleged sexual assault reported to Baylor University since 2003. This comes as as part of a Title IX lawsuit — one of six currently pending — against the school.
Sounds bad, but to make things worse, it’s not enough for plaintiffs’ counsel.
Waco attorney Jim Dunnam, who represents the plaintiffs, said neither the spreadsheet, nor Baylor’s previous efforts, go far enough.
“(The 13-page summary) just tells you what they failed at, but it doesn’t tell you how they failed and who failed,” Dunnam said. “Fundamental to accountability is knowing exactly what and who and when.”
Also, in a Friday brief, plaintiffs’ attorneys took aim at Baylor’s previous claim that the summary and recommendations were released in anticipation of litigation.
“ ‘Transparency’ is now indelibly a part of the Baylor lexicon,” the brief states. “Nowhere in these public statements do Baylor officials claim that PH was hired to help it defend against litigation. Indeed, a search thus far of over 1,500 relevant news citations by plaintiffs has yielded no mention of litigation purpose behind the PH report; instead, Baylor’s statements related to PH are repeated self-laudatory statements with Baylor consistently engaging in proverbially patting itself on the back for the ‘unprecedented,’ ‘independent,’ ‘extensive’ and ‘transparent’ review conducted by PH.”
Dunnam said he “nearly fell out of (his) chair” at a June 16 initial pretrial hearing when a Baylor attorney said the investigation’s primary purpose related to anticipation of lawsuits.
“(The Pepper Hamilton investigation was) not for transparency, not for all the things they’ve been espousing for over a year,” Dunnam said.
You know you’re in deep water when even the judge isn’t buying what you’re selling.
At the hearing attended by the Tribune-Herald, Judge Robert Pitman said it is “inevitable” that some form of discovery from the Pepper Hamilton investigation will be released. He said Baylor’s statement about anticipated lawsuits is like “wanting cake and eating it too” because the argument had not been made publicly.
It’s more than a year before this will see the inside of a courtroom. Drip, drip, drip, anyone?
Oh, and don’t miss that the other shoe has officially dropped.
Baylor University officials say the school is being investigated by the NCAA in the wake of a sexual assault scandal that led to the firing of football coach Art Briles and the departure of the school president.
Baylor officials acknowledged the investigation while asking a judge to protect the school’s communications with the NCAA from attorneys for several women who have sued the nation’s largest Baptist university.
Mark Emmert is on the mother… what could possibly go wrong? Although in this case, unlike the Penn State fiasco, the NCAA has the luxury of sitting back and letting the justice system run its due course.
It’s starting to look like this one may not end well.