Judge dismisses negligence claims against Briles

• Paula Lavigne, ESPN Staff WriterOct 20, 2023, 12:53 PM ET

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  • Information analyst and reporter for ESPN’s Business and Investigative Unit.
  • Winner, 2014 Alfred I. duPont Columbia University Award; finalist, 2012 IRE broadcast award; winner, 2011 Gannett Foundation Award for Development in Guard Dog Journalism; Emmy nominated, 2009.

Former Baylor football coach Art Briles was not irresponsible in the event involving a female trainee who reported being physically assaulted by among his players in 2014, a federal judge ruled Friday.U.S.

District Judge Robert Pitman dismissed the gross neglect claims against Briles, together with previous athletic director Ian McCaw and Baylor University, stating “no reasonable jury can conclude” based upon the evidence provided at trial that the accuseds were “grossly irresponsible.”

The plaintiff, previous Baylor trainee Dolores Lozano, had declared that the 3 defendants’ negligence after she reported her very first attack in March 2014 made her subject to further abuse by football player Devin Chafin, whom she had been dating.

“This case was constantly about Ms. Lozano getting her day in court,” Pitman said Thursday, however after hearing the evidence, he said there merely wasn’t enough there to encourage a jury. That leaves a Title IX claim and one negligence claim against Baylor as the only matters to be offered to the jury, which reconvenes Monday. Lozano has actually declared that the school’s total failures to resolve and correctly respond to reports of sexual violence at that time put her at greater threat for attack and was a violation of Title IX.

“The judge said this has actually always been about Ms. Lozano having her day in court. We concur,” said Lozano’s attorney Sheila Haddock. “The judge approved Baylor’s motion entirely on the concern of gross neglect. He denied the remainder of Baylor’s movements and we look forward to providing our case to the jury on Monday.”

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McCaw and Briles testified Thursday. McCaw stated that when he got a report of Lozano’s allegations from among his staff members in 2014, he took suitable action and made certain she had actually been given details on how to additional report it. Briles stated he simply didn’t know anything about Lozano or her reports against Chafin up until she filed her claim in 2016. He stated he had actually never ever interacted with Lozano.Reid Simpson

, a lawyer for Briles, was on the court house steps standing before reporters Friday morning on the phone with Briles to share the news. “I appreciate you,” Briles might be heard stating over speakerphone.

“Everything that’s been stated about him is not real,” Simpson said. During the trial, Simpson’s questioning of witnesses typically returned to a series of concerns about whether there was any proof that Briles covered up sexual assault, hindered victims from reporting attacks or attempted to interfere with investigations, and the witnesses rejected understanding of any of those actions.When asked if Friday’s judgment would help Briles’ reputation in the wake of the examinations in 2016 that led to his firing, Simpson said,”I hope it helps. “McCaw’s attorney, Thomas Brandt, stated he was

pleased with the ruling, but he said the decision means” nothing” in regard to the larger sexual attack failings at Baylor and McCaw’s involvement.The law office Pepper Hamilton, which examined the school’s handling of sexual violence reports in 2015 and 2016, had access to lots of reports and used 5 of them– all including football players– in its discussion to the Baylor regents in May 2016. Lozano’s domestic violence case was not amongst them.In her opening declaration to jurors Monday, Baylor attorney Julie Springer acknowledged the

school’s history with sexual violence victims and the 2016 outcomes of the examination that uncovered failures in reacting to and reporting incidents of sexual violence throughout the university.” There is no concern that bad things happened and errors were made at Baylor. Baylor accepts and accepted responsibility for those failures, “she said.”This case is not one of the cases in the [investigation] findings. In Dolores Lozano’s case, Baylor got it right.”