By Jenna Fitzgerald | Editor-in-Chief
Following almost 10 hours of deliberation across two days, a federal jury awarded former Baylor student Dolores Lozano $270,000 for her negligence claims against the university. Although the jury found that Baylor had also committed Title IX violations, it didn’t award her any money for those claims.
Lozano, her family and her attorneys hugged one another after the verdict was read. Her mother, Lillian Lozano, cried as she thanked the attorneys profusely. One of her attorneys, Zeke Fortenberry, said a couple jurors even came out afterward, hugged them and said “to keep on fighting.”
“We are so happy with the verdict,” Fortenberry said. “We are so proud of Dolores and her bravery through this whole time. We know that this Waco jury found that Baylor University was responsible for a Title IX violation as well as being negligent, and it’s just been years of fighting. They affirmed everything that we were asking them to do, and we are so thankful for that.”
In a statement, Baylor noted that the verdict finally concludes all litigation from the 2015-16 era.
“We are obviously disappointed in the decision in this case, as we continue to contend that Baylor coaches and employees in Athletics and across the campus reported and handled these incidents in the correct, legally and clinically prescribed manner.
“We sincerely regret that the plaintiff in this case had a difficult experience while a student at Baylor, and our prayers remain with her now and into the future. The safety and security of our students continues to be our top priority as we fulfill our Christian mission to provide a safe and caring environment for all members of the University community.”
Sheila Haddock, another one of Lozano’s attorneys, said the verdict is a huge win for Title IX because it’s the first Title IX case they’re aware of that has gone to verdict.
“One of the messages is that through all of the seven years of press releases and finger-pointing with Baylor and with the program and with the Regents back and forth, I think this was the first time that a jury of eight regular people got to see the evidence and pull it all together,” Haddock said. “And we’re happy that they took the time that they did and the care that they did and the commitment to really sifting through … to find the truth.”
On the negligence claims, the jury determined that, due to its negligence regarding the reports of Lozano’s first assault, Baylor played a role in her second and third assaults. It awarded her $0 for physical impairment; $0 for disfigurement; $40,000 for physical pain and mental anguish sustained in the past; $190,000 for physical pain and mental anguish that she will likely sustain in the future; and $40,000 for health care expenses that she will likely incur in the future.
When asked about the award afterward, Lozano, Fortenberry and Haddock all said in unison, “It was never about the money.” Rather, Lozano said it was about justice, and Fortenberry said it was about the cause.
“I would like to say to all the women out there: This was not just about me or Baylor,” Lozano said. “It’s for all of us, for women across all universities, and it’s great to get a win in Waco. I’m grateful for my team. I couldn’t have done it without them. After some victim-blaming, we got a win.”
On the Title IX claims, the jury determined that Baylor maintained “a policy of deliberate indifference to reports of sexual harassment” that created a heightened risk for Lozano’s assaults. However, it awarded her no money for the loss of educational opportunities as a result.
“We are pleased that despite the finding of the Title IX violation, the jury found that Ms. Lozano did not suffer any loss of educational opportunities at Baylor,” Julie Springer, one of Baylor’s attorneys, said. “That was significant to us, and we think it should be significant to the public as well.”
Springer also said this trial closes the chapter of Baylor’s sexual assault scandal.
“The one thing I think it shows at least — and this is one person’s opinion — it wasn’t as bad, at least in this case, as I think it had been reported in the media,” Springer said. “And I know that the jury saw the caring attention that people like [former associate vice president for student life] Dr. Martha Lou Scott and [associate dean for student conduct administration] Bethany McCraw showed when they were responding to Ms. Lozano.”
However, Fortenberry said Baylor still needs to apologize for its role in Lozano’s suffering.
“Particularly for Dolores, they never apologized,” Fortenberry said. “I mean, one of the Pepper Hamilton recommendations was to go back and make apologies to the victims that had been forgotten and overlooked. That never happened. It didn’t happen in that courtroom, that’s for sure. And so this is a wake-up call that they need to apologize to her for their violations and their negligence.”
Looking forward, Fortenberry said they will be filing a proposed judgment for payment of case expenses because “those add up over seven years.”
“The judgment can include the case expenses — the money it cost us to get here from depositions, mediations, subpoenas,” Fortenberry said. “Additionally, the court would award interest over the time that the lawsuit was pending. The expenses and interests will add up, and that will be all included on the proposed judgment.”
When asked if Baylor was going to appeal, Springer said, “We’re going to look at all those options.”
Sports Editor Michael Haag contributed to this report.
