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Message: [QUOTE="leftytg, post: 1455845, member: 2651"] I imagine it may be a straight forward tort claim of negligence. I'm not a tort lawyer specifically, so there may well be case law in this area I'm not aware of, but it seems the victim could argue that Baylor has a duty to provide a reasonably safe campus environment to its students. Baylor breached that duty when 1) it admitted a football player with a known history of violence toward women and 2) the way it handled the resulting investigation after the sexual assault (I don't have to use "alleged" in this case, as he has been convicted). Keep in mind, the school's "investigation" was so threadbare and insufficient, that the trial judge in the criminal case granted the prosecution's motion to bar the defense from even mentioning that he had been cleared by the school. This breach was the proximate cause to damages suffered by the victim - not only the assault itself, but the continued emotional distress that came with it. The victim was diagnosed with post traumatic stress disorder. Baylor refused to rearrange classes and tutoring sessions that Ukwuachu and the victim had in common, and ultimately Baylor reduced the victim's scholarship, which led her to transfer. The victim would be able to point to Baylor's similar handling of the Tevin Elliott case (another Baylor player convicted of sexual assault in 2012) and claim that Baylor has a pattern of behavior that is harmful to the sex assault victims of its football players. Given the conviction, which established beyond a reasonable doubt that the assault did take place, I bet that claim of action would survive summary judgment, and I'd think Baylor would settle long before exposing the football program to legal discovery. I'm going to go ahead and re-post the Texas Monthly article that raised the issue initially, as it contains a lot of detail of what makes this case so outrageous. [URL]http://www.texasmonthly.com/article/silence-at-baylor/[/URL] A quick timeline: - May 2013 Ukwuachu transfers to Baylor after being kicked off the team at Boise St because of violence against women (Briles denies knowing the specifics, Peterson state dthat Briles/Baylor knew and Ukwuachu said that Baylor "knew everything") - October 19, 2013 - Ukwuachu sexually assaulted the victim - October 20, 2013 - the victim goes to the hospital and gives a statement to the police - at some point, Baylor initiates its own investigation - the one that court found so insufficient that its mere mention at trial was barred. - June 25, 2014 Ukwuachu indicted for felony sexual assault - Ukwuachu is never suspended or removed from campus. - May 2015, Ukwuachu graduates from Baylor - early June 2015, Phil Bennett, defensive coordinator at Baylor, tells an audience at a luncheon for the Baylor Sports Network that the team expects Ukwuachu to be on the field in the fall. - August 17, 2015 - Ukwuachu trial begins - August 20, 2015 - Ukwuachu convicted of sexual assault in the second degree. [/QUOTE]

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