By Jenna Fitzgerald | Editor-in-Chief
Jury selection will take place Friday in a Title IX and negligence lawsuit filed by a former Baylor student against the university, former head football coach Art Briles and former athletic director Ian McCaw. Following jury selection, the case will be tried in Waco’s U.S. District Court starting Oct. 16.
Dolores Lozano, a 2014 Baylor graduate, filed the lawsuit in 2016. Her complaint centers on three alleged instances of physical assault by former Baylor football player Devin Chafin, with whom she was romantically involved from 2012 to 2014.
At the final pre-trial conference on Oct. 3, U.S. District Judge Robert Pitman said he is “aware of the potential issues” regarding jury selection in the case.
“Because of the nature of this litigation, the jury pool that we have and the potential sensitivities around some of the issues involved, I’m going to conduct all of the jury voir dire myself,” Pitman said.
Voir dire is the preliminary questioning of potential jurors and is used to expose possible biases as grounds for their dismissal.
Waco attorney Jim Dunnam said it is “within the discretion of the judge” to choose between attorney-led and judge-led voir dire. He said he is not surprised Pitman will be conducting it.
“I’ve seen in federal court, the federal judge having a very active role, having a sort of passive role. There’s not really a common practice,” Dunnam said. “Most of my career, the federal judge has played a very active role himself or herself in the voir dire, so I don’t see anything unusual about it.”
Lozano’s 2016 lawsuit closely followed the eruption of the university’s sexual assault scandal, which resulted in the firing of Briles and the probation and eventual resignation of McCaw. Then-Baylor President Ken Starr was also removed as president, but he kept his roles as chancellor and a chair at Baylor Law School before fully separating from the university later that year.
After Baylor football players Tevin Elliott and Sam Ukwuachu were convicted of sexual assault in 2014 and 2015, respectively, Baylor enlisted the Pepper Hamilton law firm to conduct an independent investigation into the university’s Title IX compliance. According to the Baylor Board of Regents’ Findings of Fact, the ensuing Pepper Hamilton Report revealed “a fundamental failure by Baylor to implement Title IX.”
“In addition to broader University failings, Pepper found specific failings within both the football program and Athletics Department leadership, including a failure to identify and respond to a pattern of sexual violence by a football player, to take action in response to reports of a sexual assault by multiple football players, and to take action in response to a report of dating violence,” the Findings of Fact reads. “Pepper’s findings also reflect significant concerns about the tone and culture within Baylor’s football program as it relates to accountability for all forms of athlete misconduct.”
Armed with a series of 105 recommendations from Pepper Hamilton, Baylor created the Sexual Assault Task Force to address the institutional problems by implementing structural and administrative changes over the course of 16 months.
Lozano is accusing Baylor of discrimination on the basis of gender and all three co-defendants of negligence, claiming that the campus environment created a heightened risk for her assault and that coaches and employees failed to properly respond to her reports. She initially included the City of Waco in her lawsuit due to the Waco Police Department’s alleged failure to investigate her reports, but she has since dropped those claims.
Lozano enrolled at Baylor in fall 2010 and met Chafin in spring 2012 while he was a prospective football player on a recruiting visit. The two began their on-again, off-again relationship when Chafin enrolled at Baylor the following fall.
The alleged incidents that form the basis of the case occurred on three separate occasions in March and April 2014. Chafin, who was never charged, disputes the allegations.
According to the lawsuit, the first alleged incident followed an argument over Lozano’s decision to get an abortion. The lawsuit states that Chafin “slapped Lozano so hard she fell over the toilet,” “repeatedly kicked her in the stomach” and “began to choke her until she could not breathe.”
Lozano, who was working as a manager for the Baylor acrobatics and tumbling team at the time, said she reported the incident to team coach LaPrise Williams, who then reported it to associate athletic director Nancy Post. Lozano also said she shared the details with sports chaplain Wes Yeary.
Meanwhile, according to the lawsuit, Chafin informed running back coach Jeff Lebby of the incident. Following this, Briles and Starr were reportedly made aware.
According to the lawsuit, the second alleged incident happened when “Chafin slammed Lozano’s hand and arm against an open car window” in the Scruffy Murphy’s parking lot, while the third alleged incident happened when “Chafin grabbed Lozano and forcibly slammed her to the ground” in his apartment. The lawsuit states that the Health Center referred her to the Counseling Center “to assist her in her spiritual self-worth and preservation,” and when she used up her free sessions there, she was not offered any other resources.
Baylor spokesperson Jason Cook said in a statement that Baylor coaches and employees responded properly.
“Baylor is prepared to present evidence and testimony to the jury as we seek a fair resolution in this matter,” Cook said. “The lawsuit involves allegations of physical assaults within the context of a dating relationship between two young adults — not sexual assault. Baylor coaches and employees — in Athletics and across the campus — did the right things in this case by offering and providing resources and support services to the plaintiff.”
The trial closely follows Baylor’s Sept. 18 settlement in the sexual assault lawsuit involving 15 women from the same time period. The women, who were called Jane Doe 1-15 in the lawsuit, all reported sexual assault during their time at the university, and two of the cases involved three Baylor football players. Waco attorney Jim Dunnam represented the women, along with Austin attorney Chad Dunn.
While the Lozano lawsuit deals with domestic violence rather than sexual assault, it is the last remaining lawsuit tied to Baylor’s scandal.
On Oct. 5, Baylor President Linda Livingstone alerted the Baylor community to the upcoming trial in her Presidential Perspective, echoing that the allegations are from more than nine years ago.
“Under my administration, we have continued to work tirelessly to ensure that survivors of sexual assault or dating violence are provided with the processes and resources they deserve,” Livingstone said.
