By Jenna Fitzgerald | Editor-in-Chief
Jurors heard from former Baylor football player Devin Chafin Wednesday as the husband and father of two denied allegations that he ever physically assaulted his ex-girlfriend, former Baylor student Dolores Lozano.
Lozano, who alleges that Chafin physically assaulted her on three separate occasions in March and April 2014, filed the lawsuit against Baylor, former head football coach Art Briles and former athletic director Ian McCaw in 2016. She claims the university’s campus culture created a heightened risk for her assault and that Baylor employees failed to properly respond to her reports.
Chafin was not present in the courtroom Wednesday, and his testimony was played via a previously recorded video deposition. Near the beginning, Chafin admitted he was “a bit flustered” as well as “overwhelmed” and “anxious.” He also prefaced with the fact that “some things are kind of a blur” because he suffered concussions while playing football at Baylor.
When Baylor attorney Leila Gary asked him about the beginning of his relationship with Lozano, Chafin said she introduced him to “the way of college life,” parties and alcohol. He also said she “was a big drinker” and “liked to go out.”
Then, when Gary questioned him about Lozano’s pregnancy and abortion, Chafin began to tear up and grabbed a tissue. He said neither he nor Lozano wanted to terminate the pregnancy and that they “were going to figure it out.” Ultimately, though, Chafin said he thought Lozano’s mother made her get the abortion.
According to Lozano, the first alleged assault happened soon after she returned from having the procedure in Houston. However, Chafin gave a different account of what happened between the two in his apartment on March 6, 2016.
“We were just going to talk to each other about what had taken place, be there for each other, console each other,” Chafin said. “I do not recall becoming enraged or violent.”
Chafin said the tone of the conversation shifted when Lozano began saying that he “should have stood up to her mother or father” and “was responsible for the abortion.”
“That’s when the conversation turned from empathetic and grieving to, ‘Just please, if this is the way it’s going to be, you need to go,’” Chafin said.
According to Chafin, Lozano refused to leave his apartment, started pushing him and struck him two times. In response, he grabbed her wrists and pushed her before going over to his window to start crawling out. However, she pulled him back inside and said she would leave instead.
“I remember my teammates commenting on the scratches I had on my face,” Chafin said.
Chafin said “the dumbest thing [he] could have ever done was not going to the police that day” — all because of “the pride of a football player not wanting to be seen beaten up by his girlfriend.” He said he had no recollection of the second or third alleged assaults and was unaware Lozano filed a complaint with Waco PD.
Athletic director Mack Rhoades
In the afternoon, the plaintiff called athletic director Mack Rhoades to the stand. Rhoades, who assumed the position in August 2016 after McCaw resigned, was among those who made the decision to allow Chafin to return and finish his degree in summer 2020 — four years after he was dismissed from the football team due to an arrest for marijuana possession.
Rhoades said he was contacted by Gale Galloway — a Baylor alumnus in his 90s who has been a frequent donor to the university — about allowing Chafin to finish the 10 remaining hours he needed for his degree.
“I let him know that he could not write a check, pay for Devin Chafin, give him any financial assistance for him to finish his degree,” Rhoades said. “Mr. Galloway could, however, make a donation to the Bear Foundation, which was our scholarship foundation.”
Rhoades said he did three things upon receiving this inquiry: He looked into the rules regarding Galloway’s contribution, called general counsel to get an understanding of Chafin’s status at the university and organized a video conference with Chafin. In the video conference, Rhoades said he wanted “to ascertain the sincerity of him wanting to complete that degree” and “to make sure that we communicated clear expectations.”
“I did think it was the right thing to do,” Rhoades said. “When we did the video interview with Devin, I found him to be very sincere, genuine. He talked about his grandfather — that he promised his grandfather that he would finish out his degree and that this was something that he needed to do for his family.”
Under cross-examination from Baylor attorney Julie Springer, Rhoades echoed these statements and said he also learned Chafin was married with a child and “wanted to be able to provide.”
“He completely knew and understood that if we gave him this opportunity, he needed to make the most of it,” Rhoades said. “And he did. He completed his degree.”
Rhoades said Chafin did his 10 remaining hours online, as it was during the COVID-19 pandemic. Baylor paid for the classes, and it came from the athletic department budget.
Under cross-examination from attorneys for Briles and McCaw, Rhoades confirmed he didn’t talk to either man in the course of making this decision.
Clinical psychologist Dr. Julia Babcock
On the third day of testimony, the plaintiff also presented an expert witness: Dr. Julia Babcock. Babcock — who is a clinical psychologist and a professor at the University of Houston specializing in intimate partner violence — was hired to evaluate Lozano in 2021. She met with her once in person and once virtually for a total of 6.25 hours.
In the course of this process, which occurred seven years after the alleged assaults, Babcock diagnosed Lozano with PTSD. She also said Lozano was in the “severe range” in her evaluation.
“Flashbacks, nightmares, memories, unpleasant thoughts, intrusive anger — all of these are symptoms of post-traumatic stress disorder,” Babcock said.
Babcock noted that people only meet the criteria for a PTSD diagnosis if they suffer a life-threatening incident or a sexual assault. According to Babcock, “the violent relationship with Mr. Chafin” is “the only thing that qualifies” Lozano for that diagnosis because he allegedly choked her in the first assault.
“People can die from strangulation within 59 seconds,” Babcock said.
During the evaluation, Babcock also conducted a standard assessment to confirm Lozano was not “malingering,” or faking, the situation. Babcock said Lozano passed, and she believes the situation was truthful.
Under questioning from Lozano’s attorney, Zeke Fortenberry, Babcock discussed the prevalence of “institutional betrayal” in Lozano’s case. Although the trauma itself was allegedly caused by Chafin, Babcock said Baylor’s response — or lack thereof — “adds to the trauma” and “exacerbates the trauma.”
“When you go to report sexual assault or physical abuse, you may be met with denials … or minimization … or ‘We’ll pray for you’ without action,” Babcock said. “Not only did the violent events happen, but they continue to be triggered with repeated run-ins, denials, accusations from the institution.”
Of the 12 forms of institutional betrayal that were part of a test, Babcock said Lozano endorsed 10 — including that the institution “failed to prevent the abuse,” “normalized the abuse” and “created an environment in which the abuse seemed more likely.”
Fortenberry also asked about Baylor’s decision to allow Chafin to return to Baylor and finish his degree, which Babcock described as “just another example of Baylor sweeping under the rug, saying it’s not that big of a deal.”
Fortenberry then inquired about the medical care Lozano may need as a result of the trauma. Babcock said Lozano may need up to 30 years of individual therapy, some amount of group therapy with survivors of intimate partner violence, hospitalization and psychiatric aid. In total, her estimate of the cost of such medical care was between $175,000 and $220,000.
Under cross-examination from Baylor attorney Lisa Brown, Babcock confirmed she had “no knowledge or opinions” of Lozano’s current state.
Brown also challenged whether there could be other sources of Lozano’s PTSD beyond the alleged assaults by Chafin. Babcock maintained that nothing else fulfilled the requirement of a life-threatening incident or a sexual assault.
Brown then brought up a January 2015 incident in which Lozano got into a fight with Chafin’s new girlfriend, who threatened to kill her. When asked if this could be considered a life-threatening incident, Brown said “being threatened with death by another person is probably not an everyday event for most of us.” In response, Babcock said there is a distinction between a woman threatening Lozano and a “physically built man” assaulting her.
Brown finally questioned the reliability of Babcock’s report. She confirmed Babcock did not have access to academic records, medical records from the Health Center or two years worth of therapist records representing more than 50 therapy sessions. Babcock said her assessment could have changed if she had had access to such records — although “in every legal case [she’s] been involved in, [she’s] never gotten 100% of the records.”
“Yes, if I was given faulty information by Ms. Lozano or her attorneys, … it would be inaccurate,” Babcock said.
Under cross-examination from Briles’ attorney David Green and McCaw’s attorney Thomas Brandt, Babcock confirmed the two men were not listed in her report, and she never heard them mentioned by name.
Babcock closed by praising Lozano for her progress since the events.
“Some attorneys say, ‘Don’t get a job. Look pathetic. You’ll get more money,’” Babcock said. “I give her credit for going on with her life, being so successful. It’s impressive. I think she’s good at compartmentalizing, especially when she’s got her work face on. I think she’s good at putting trauma symptoms on the back burner.”
Proceedings will resume at 9 a.m. Thursday.
