By Kalyn Story | Staff Writer
Baylor filed a motion on Friday for the dismissal of a Title IX lawsuit against the school.
Baylor attorneys Lisa Brown and Holly McIntush argued in the motion that the plaintiff has not stated a viable Title IX claim, nor did she state an arguable negligence theory, according to the Waco Tribune-Herald.
“In particular, she has not alleged that Baylor had substantial control over either the alleged offender or the context which the assault occurred,” the motion stated.
In the lawsuit, the plaintiff claims that “Baylor and the Baylor regents had created a hunting ground for sexual predators to freely prey upon innocent, unsuspecting female students, with no concern of reprisal or consequences.”
Baylor has also filed similar motions in two other Title IX lawsuits against the school, according to the Associated Press.
Baylor’s motion claims that in Texas there is no “special relationship” between the university and its students. Therefore, Baylor has no legal duty to protect students from criminal acts conducted by a third party.
Baylor, the Baylor Board of Regents and former Title IX Coordinator Patty Crawford are all listed as defendants in the lawsuit.
The Waco-Tribune Herald reported that the plaintiff’s attorney, Paula Elliott Estefan, is considering removing Crawford as a defendant after she saw Crawford’s interview on “CBS This Morning.”
“When we filed that lawsuit, Patty Crawford wasn’t talking,” Estefan said to the Waco-Tribune Herald. “And we now know that Patty and the Title IX employees were not only being used by Baylor, but they were being victimized as well. Baylor ought to be ashamed. They ought to be damned ashamed of what they’re doing, and I’m sure they’re going to try to smear her up — God bless her heart — because she’s kicking them in the ass.”
Crawford alleged in her interview with “CBS This Morning” that Baylor did not allow her to fulfill her job as Title IX coordinator and retaliated against her.
“I never had the authority, the resources or the independence to do the job appropriately, which the Department of Education writes in its guidance for Title IX coordinators in universities,” Crawford said.
Crawford said she filed a federal complaint to the Office of Civil Rights and human resources.
At the time of publication, Baylor Media Communications has not responded to a request for comment.