Analysis Of The Article Jasmin Hernandez - 1028 Words

Jasmin Hernandez (Plaintiff) states that she was sexually assaulted by Tevin Elliott on April 15, 2012. At the time of the alleged assault, Hernandez was a freshman at Baylor University and Elliott was a student as well as a member of the Baylor football team. Three Defendants Hernandez filed suit against Baylor University, Art Briles (Baylor’s former head football coach) and Ian McCaw (Baylor’s former athletic director) all three of which are considered Defendants in this case. Hernandez seeks to hold these three Defendants liable because she states that they all knew Elliott had six previous sexual assault allegations and did nothing to discourage his actions or protect her from him. Furthermore, following the assault, the university†¦show more content†¦Defendants Request a Dismissal The Defendants ask the court to dismiss all four of the Plaintiff’s claims. The Court grants two of the Defendants dismissal requests: Intentional infliction of emotional distress - the Court states that because Texas law places a duty on Briles and McCaw, the Plaintiff s negligence claim will fill any gaps. Post-reporting - the Plaintiff alleges that the staff at Baylor neglected to assist her when she reported the sexual assault; however, the Court dismisses this claim due to the expiration of its statute of limitations (amount of time an individual has to file a claim). The Plaintiff cannot seek damages on either of the claims listed above. The Plaintiff will be able to move forward with her suit against the Defendants in the areas of heightened-risk and negligence, here is why: Heightened-Risk of Sexual Harassment and Assault The Plaintiff contends that Baylor’s knowledge of the potential threat Elliott and other student-athletes posed as well as their deliberate lack of concern subjected her to an increased risk of being sexually assaulted. Specifically, Hernandez alleges that the university failed to address and intentionally concealed the sexual violence committed by football players for several years; the Plaintiff also states that Baylor’s staff was directly and repeatedly told about the sexual assaults committed