Hernandez v. Baylor University
274 F. Supp. 3d 602
W.D. Tex.2017Background
- Hernandez, a Baylor freshman, alleges she was sexually assaulted by Baylor football player Tevin Elliott in April 2012 and immediately reported the assault to police and Baylor offices.
- She alleges Baylor counseling/health/academic services declined or failed to assist, Baylor lacked a full-time Title IX coordinator until 2014, and Elliott remained on campus until summer 2012.
- Complaint relies on a Pepper Hamilton investigation finding systemic failures in Baylor’s handling of sexual-assault reports and athletics’ concealment of misconduct by football players.
- Plaintiff alleges Baylor, Coach Art Briles, and AD Ian McCaw had actual notice of Elliott’s prior misconduct (six prior reports and a misdemeanor citation) and were deliberately indifferent, creating a heightened risk of assault.
- Procedural posture: defendants moved to dismiss under Rule 12(b)(6). The court evaluates whether the complaint plausibly alleges Title IX and state-law claims and whether any claims are time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Viability of post-reporting Title IX claim (deliberate indifference after her report) | Hernandez: Baylor ignored her report, failed to investigate or protect her, causing concrete educational harms. | Baylor: Complaint only alleges noncompliance with DOE guidance and facts show claims accrued earlier; dismissal warranted. | Dismissed — court finds post-reporting Title IX claim time-barred (accrued in 2012) and grants dismissal as to that claim. |
| Viability of heightened-risk (pre-assault) Title IX claim (institutional notice and deliberate indifference prior to assault) | Hernandez: Baylor knew of Elliott’s history and athletics concealed misconduct, so deliberate indifference increased her risk. | Baylor: Allegations amount to regulatory noncompliance and are insufficient. | Allowed — court finds plaintiff plausibly alleged actual notice and deliberate indifference; claim survives. |
| Statute of limitations for Title IX claims (accrual/tolling) | Hernandez: Pre-assault claim accrued in 2016 upon Pepper Hamilton report; post-reporting claim tolled/equitable estoppel. | Baylor: Claims accrued in 2012 (or by 2014 trial) and are time-barred. | Mixed — pre-assault Title IX claim not time-barred (accrual plausibly 2016); post-reporting Title IX claim barred. |
| State-law negligence and IIED claims (duty, limitations) | Hernandez: Texas common law may impose duty given Baylor’s superior knowledge and affirmative acts; five-year statute applies for sexual-assault–related injuries. | Defendants: Universities generally owe no duty to control students; two-year limitations apply; IIED improper overlap. | Negligence claims survive — court finds duty plausible and five-year limitations apply. IIED dismissed as duplicative/gap not shown. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (explains pleading standard requiring plausibility)
- Ashcroft v. Iqbal, 556 U.S. 662 (clarifies plausibility review and scope of well-pleaded facts)
- Davis v. Monroe Cty. Bd. of Educ., 526 U.S. 629 (Title IX deliberate-indifference standard for student-on-student harassment)
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (requirements for institutional liability under Title IX; actual notice and opportunity to remedy)
- King-White v. Humble Indep. Sch. Dist., 803 F.3d 754 (5th Cir. rule on accrual/awareness for Title IX actions)
- Cuvillier v. Taylor, 503 F.3d 397 (5th Cir. on Twombly pleading standard application)
- Golden Spread Council, Inc. v. Akins, 926 S.W.2d 287 (Tex. 1996) (duty created by affirmative acts and superior knowledge; factual analogy)
- Otis Eng’g Corp. v. Clark, 668 S.W.2d 307 (Tex. 1984) (voluntary undertaking creates duty to act with reasonable care)
- Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2001) (elements and analysis for negligence; duty threshold)
- Hoffmann-La Roche Inc. v. Zeltwanger, 144 S.W.3d 438 (Tex. 2004) (elements for intentional infliction of emotional distress)