Defendant's Attorney: Holly Gene McIntush, James E. Byrom, Lisa Ann Brown, Elizabeth Lillian Humphrey, Julie A. Springer, Kenneth adam Rothey, Leila Henderson Gary and Sara E. James for Baylor University

Darrell L. Barger, Ernest H. Cannon, Thomas A. Nesbitt, Colin L. Powell, David W. Green, J. Reid Simpson, Laura J. Goodson, and Scott DeShazo for Art Briles

Thomas Phillip Brandt and Stephen D. Henninger for Ian McCaw

Charles Alfred Mackenzie, Michael W. Dixon, and Joshua J. White for the City of Waco, Texas

Description: Waco, Texas civil rights lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories.

Plaintiff Dolores Lozano (“Lozano”) brought claims against Baylor University (“Baylor”), Briles, Ian McCaw (“McCaw”), Art Briles (“Briles”), and the City of Waco.[1] (Second Am. Compl., Dkt. 50). Lozano's second amended complaint alleges violations of Title IX of the Education Amendments Act of 1972 (“Title IX”), 20 U.S.C. § 1681, et seq., the Fourteenth Amendment pursuant to 42 U.S.C. § 1983, as well as various state law claims, including negligence. (Id. at 32-46). Her claims stem from multiple alleged assaults by Devin Chafin (“Chafin”), then a student-athlete and member of Baylor's football team. Lozano alleges that Baylor, its former football coach Briles, and former Athletic Director McCaw knew about the abuse but did nothing to help her, in large part because Chafin was a member of the football team. (See id. at 3-4, 10, 35).

In 2014, when Lozano and Chafin were dating, Chafin assaulted Lozano in Baylor housing-he pushed Lozano down several times, slapped her, kicked her in the stomach, and choked her until she could not breathe. (Lozano Decl., Dkt. 214-1, at 4).[2] Lozano reported the assault to a Baylor tumbling coach who discussed Lozano's injuries with Baylor's Associate Athletics Director and Senior Women's Administrator Nancy Post. (Id.); (Williams Aff., Dkt. 214-8, at 2). Baylor football coach Jeff Lebby, who was aware of the assault, responded the assault report by having Chafin do extra weightlifting activities. (Lozano Decl., Dkt. 214-1, at 5). Briles and then-Baylor president Ken Starr (“Starr”) also knew of the assault and simply told Chafin to stay away from Lozano. (Id.). In April 2014, McCaw learned of the assault when he attended a regular meeting with Post. (McCaw Aff., Dkt. 200-1, at 4). He was told that a Baylor football player named Devin Chafin had grabbed and pushed his girlfriend. (Id.).

Within weeks, Chafin assaulted Lozano again-two more times. (Lozano Decl., Dkt. 214-1, at 5-6). Lozano's mother contacted Baylor about her daughter's injuries and was assured that “the football coaches would handle it.” (Id. at 5). Lozano sought medical treatment for her physical injuries, counseling from the Baylor clinic, and academic assistance from the student life office. (Id. at 5-6). Chafin was not disciplined and remained on the Baylor football team for more than two years. (Id. at 5).

B. Baylor's Findings of Fact in 2016

Two years later, Baylor released its Findings of Fact that outlined “specific failings within both the football program and Athletics Department leadership” and identified “significant concerns about the tone and culture within Baylor's football program as it relates to accountability for all forms of athlete misconduct.” (Findings, Dkt. 212-2, at 3). The Findings of Fact implicated the Athletic Department leadership and the football program overseen people like McCaw oversaw. Related to athletics, the Findings of Fact stated:

• “Leadership challenges and communication issues hindered enforcement of rules and policies, and created a cultural perception that football was above the rules.”

• “The University and Athletics Department failed to take effective action in response to allegations involving misconduct by football staff.”

• “The choices made by football staff and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the University.”

• “In certain instances, including reports of a sexual assault by multiple football players, athletics and football personnel affirmatively chose not to report sexual violence and dating violence to an appropriate administrator outside of athletics.”

• “Football staff conducted their own untrained internal inquiries, outside of policy, which improperly discredited complainants and denied them the right to a fair, impartial and informed investigation, interim measures or processes promised under University policy.”

• “The football program's separate system of internal discipline reinforces the perception that rules applicable to other students are not applicable to football players, improperly insulates football players from appropriate disciplinary consequences, and puts students, the program, and the institution at risk of future misconduct.”

• “The football program failed to identify and maintain controls over known risks, and unreasonably accepted known risks.”

• “Leadership in football and the athletics department did not set the tone, establish a policy or practice for reporting and documenting significant misconduct.”

• “The lack of reporting expectations resulted in a lack of accountability for player misconduct and employee misconduct.”

(Findings, Dkt. 212-2). Following the Findings, Baylor published Pepper Hamilton's 105 recommendations. (PH recommendations, Dkt. 212-3). Baylor then took personnel action which ultimately resulted in the resignation or termination of Starr, McCaw, Briles, and Director of Football Operations Collin Shillinglaw.

Outcome: 10/16/2023 309 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial begun on 10/16/2023. OPENING STATEMENTS OF CNSL FOR PLAINTIFF / DEFENDANT HEARD, RULE INVOKED, TESTIMONY HEARD ON BEHALF OF PLAINTIFF / DEFENDANT, WITNESS(ES) SWORN, EVIDENCE SUBMITTED ON BEHALF OF PLAINTIFF / DEFENDANT, COURT EXHIBIT(S) FILED, JURY RECESSES, RETURNING 10/17/2023 09:00 AM before Judge Robert Pitman (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lad) (Entered: 10/17/2023)
10/17/2023 310 NOTICE Plaintiff's Amended Deposition Designation by Dolores Lozano (Haddock, Sheila) (Entered: 10/17/2023)
10/17/2023 312 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial held on 10/17/2023. WITNESS(ES) SWORN, EVIDENCE SUBMITTED ON BEHALF OF PLAINTIFF / DEFENDANT, TESTIMONY CONTINUED ON BEHALF OF PLAINTIFF. COURT RECESSES UNTIL 10/18/2023 08:30 AM. (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lad) (Entered: 10/18/2023)
10/18/2023 311 NOTICE of Second Amended Deposition Designations for Trial by Baylor University (Rothey, Kenneth) (Entered: 10/18/2023)
10/18/2023 313 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial held on 10/18/2023. TESTIMONY CONTINUED ON BEHALF OF PLAINTIFF, WITNESS(ES) SWORN, EVIDENCE SUBMITTED ON BEHALF OF PLAINTIFF / DEFENDANT. COURT RECESSES UNTIL 10/19/2023 09:00 AM (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lad) (Entered: 10/19/2023)
10/19/2023 314 MOTION for Judgment as a Matter of Law Brief in Support by Art Briles. (Attachments: # 1 Proposed Order)(Green, David) (Entered: 10/19/2023)
10/19/2023 317 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial held on 10/19/2023. TESTIMONY CONTINUED ON BEHALF OF PLAINTIFF, WITNESS(ES) SWORN, EVIDENCE SUBMITTED ON BEHALF OF PLAINTIFF / DEFENDANT, PLAINTIFF RESTS. COURT RECESSES UNTIL 10/20/2023 11:00 AM, 9am (attys). (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lad) (Entered: 10/20/2023)
10/20/2023 315 Memorandum in Opposition to Motion, filed by Dolores Lozano, re 314 MOTION for Judgment as a Matter of Law Brief in Support filed by Defendant Art Briles (Haddock, Sheila) (Entered: 10/20/2023)
10/20/2023 316 MOTION for Judgment as a Matter of Law Pursuant to FRCP 50(a) by Baylor University. (Attachments: # 1 Proposed Order)(Springer, Julie) (Entered: 10/20/2023)
10/20/2023 318 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial held on 10/20/2023. TESTIMONY HEARD ON BEHALF OF PLAINTIFF / DEFENDANT, WITNESS(ES) SWORN, EVIDENCE SUBMITTED ON BEHALF OF PLAINTIFF / DEFENDANT, ORAL MOTIONS FILED FOR JUDGMENT AS A MATTER OF LAW BY ALL DEFTS, MOTION FOR JUDGMENT AS A MATTER OF LAW GRANTED IN PART/DENIED IN PART, WRITTEN ORDER TO FOLLOW, DEFENDANT RESTS, PLAINTIFF / DEFENDANT CLOSES, CHARGE CONFERENCE HELD. (Minute entry documents are not available electronically.) COURT RECESSES UNTIL 10/23/2023 attys at 9am; jury at 10am before Judge Robert Pitman,). (Court Reporter Lily Reznik.)(lad) (Entered: 10/23/2023)
10/23/2023 319 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial held on 10/23/2023. CHARGE CONFERENCE HELD, COURT CHARGES JURY, CLOSING STATEMENTS OF COUNSEL HEARD, JURY RETIRES TO DELIBERATE, JURY NOTE(S) FILED, JURY RECESSES, RETURNING 10/24/2023 09:00 AM before Judge Robert Pitman (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lad) (Entered: 10/24/2023)
10/23/2023 321 Court's Charge to Jury. (lad) (Entered: 10/24/2023)
10/23/2023 322 JURY NOTE 1 SEALED pursuant to E-Government Act of 2002. (lad) (Entered: 10/24/2023)
10/23/2023 323 Redacted Copy of 322 Jury Note 1 (Sealed). (lad) (Entered: 10/24/2023)
10/23/2023 324 JURY NOTE 2 SEALED pursuant to E-Government Act of 2002. (lad) (Entered: 10/24/2023)
10/23/2023 325 Redacted Copy of 324 Jury Note 2 (Sealed). (lad) (Entered: 10/24/2023)
10/23/2023 333 ORDER SEQUESTERING JURY. Signed by Judge Robert Pitman. (lad) (Entered: 10/25/2023)
10/24/2023 320 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial completed on 10/24/2023. JURY NOTE(S) FILED, JURY DELIBERATIONS CONTINUE, JURY RETURNS VERDICT IN OPEN COURT, VERDICT IN FAVOR OF Plaintiff, VERDICT FORM FILED, JURY DISCHARGED. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(lad) (Entered: 10/24/2023)
10/24/2023 326 JURY NOTE 3 SEALED pursuant to E-Government Act of 2002. (lad) (Entered: 10/24/2023)
10/24/2023 327 Redacted Copy of 326 Jury Note 3 (Sealed). (lad) (Entered: 10/24/2023)
10/24/2023 328 JURY NOTE 4 SEALED pursuant to E-Government Act of 2002. (lad) (Entered: 10/24/2023)
10/24/2023 329 Redacted Copy of 328 Jury Note 4 (Sealed). (lad) (Entered: 10/24/2023)
10/24/2023 330 JURY VERDICT (Redacted Version) for Dolores Lozano filed. Unredacted Jury Verdict Sealed pursuant to E-Government Act of 2002.. (lad) (Entered: 10/24/2023)
10/24/2023 334 Exhibit List (Redacted to show exhibits used in trial). # 1 Unredacted copy, # 2 Pla-1 Findings of Fact, # 3 Pla-2 PH Recommendations, # 4 Pla-5 Baylor Statement in Response to Briles, # 5 Pla-8 FINAL67 redacted, # 6 Pla-10 McCaw July 2014 emails re Sam 71 arrest, # 7 Pla-14 McCaw April 10, 2013 email to Bradshaw, # 8 Pla-15 McCaw August 26 2015 email to Crawford, # 9 Pla-16 McCaw August 27 2015 email to Starr, # 10 Pla-17 Odell James Written Warning, # 11 Pla-18 Briles April 27, 2012 email to Whittington, # 12 Pla-21 Scott April 10, 2013 email to McCraw, # 13 Pla-22 Scott McCraw Dorrell emails April 22, 2014, # 14 Pla-23 Scott McCraw Dorrell emails April 17-24 2014, # 15 Pla-24 2013-2014 41 Athletes JA Data, # 16 Pla-25 2013-2014 FFRS JA Data, # 17 Pla-43 Margolis Healey Report, # 18 Pla-56-A Lozano written statement, # 19 Pla-56-B Lozano police report, # 20 Pla-61 McCraw Scott July 7 2011 emails re DCL, # 21 Pla-62 Final Draft Student Conduct Code Nov 2011, # 22 Pla-63 April 25 2013 email re NACUA training, # 23 Pla-81 McCraw email re Lozano FFR., # 24 Pla-89 Lebby Character Reference for Chafin, # 25 Pla-92 Emails re Baylor Way April 23 2014, # 26 Pla-93 Text Msgs between Shillinglaw and Briles 2011, # 27 Pla-94 Text Msgs between Shillinglaw and McCaw, # 28 Pla-99 Text Msgs between Shillinglaw and Briles Jan 2014, # 29 Pla-100 Text Msgs between Shillinglaw and Briles June 2015, # 30 Pla-103 Text Msgs between Shillinglaw and Briles Sept 2015, # 31 Pla-104 Text Msgs between Shillinglaw and Lillian Lozano, # 32 Pla-115 Email from Beckenhauer to Executive Council re Task Force May 2, 2013, # 33 Pla-119 Regents Announce Leadership Changes Baylor Press Release May 26, 2016, # 34 Pla-126 Lozano photos with date time, # 35 Pla-127 Msgs between Lozano and Chafin April 28, 2014, # 36 Pla-131 Briles email to Barnes April 10 2013, # 37 Pla-132 Text Msgs between Shillinglaw and Briles Sept Oct 2013, # 38 Pla-133 Text Msgs between Shillinglaw and Briles June 2011, # 39 Pla-134 Chafin email to Jackson re NCAA appeal Aug 2013, # 40 Pla-136 External Review Power Point, # 41 Pla-138 Notice of Sanctions Chafin Sept 19 2013, # 42 Pla-143 Emails between Lozano and Raiver April 27 2014, # 43 Pla-144 Emails between Lozano and Whipple April 15 2014, # 44 Pla-145 Emails between Lozano and Caviness April 30 2014, # 45 Pla-146 Emails between Lozano and Webster May 5 2014, # 46 Pla-148 Lozano Baylor Counseling Center Records, # 47 Pla-155 Email from McCraw re Chafin disciplinary record Aug 11 2016, # 48 Pla-158 Message from Ron Murff Chairman Board of Regents Our Commitment Nov 10 2016, # 49 Pla-161 Questions & Answers Our Commitment Our Response Nov 2016, # 50 Pla-163 Statement to Dallas Morning News Nov 11 2016, # 51 Pla-164 Statement to KCEN-TV re WSJ report Oct 31 2016, # 52 Pla-165 Baylor roster photo of Chafin, # 53 Pla-166 Chafin photo looking up, # 54 Pla-169 The Baylor Way power point, # 55 Pla-175 Campus Security Report Sept 27 2013, # 56 Pla-371 Dear Colleague Letter, # 57 Pla-374 Amended Exhibit A - Baylors Responses to Briles Interrogatories 09-30-2021, # 58 Pla-375 Future medical costs) (lad). (Additional attachment(s) added on 10/26/2023: # 59 Def-29 Baylor Community Expectations, # 60 Def-32 2012-2013 Campus Security Report and Annual Student Life Notification Email to Current Students, # 61 Def-33 Oct 10, 2012 K. Kazadi Email to A. Briles and C. Shillinglaw, # 62 Def-39 2013-2014 Report It Folder, # 63 Def-52 Email from K. Jackson to senior Baylor administrators circulating January 2014 White House Report on sexual violence, # 64 Def-53 Seven color photographs of female person, # 65 Def-56 2014 Updates to Judicial Affairs disciplinary procedures website, # 66 Def-57 Baylor University Health Services Clinic Notes for D. Lozano, # 67 Def-58 Baylor University Counseling Center Records for D. Lozano, # 68 Def-60 Facebook Messages between D. Lozano and J. Hollingsworth, # 69 Def-63 Email from M. L. Scott to J. Doak regarding D. Lozano, # 70 Def-64 Student Conduct Administration Filed for Future Reference form regarding Devin Chafin, # 71 Def-65 Student Conduct Administration file copy of M. Scott emails to B.McCraw April 10, 2014 regarding an altercation involving Lozano and Chafin, # 72 Def-71 S. Dorrell email to D. Lozano regarding missed 4.17.2014 appointment, # 73 Def-72 Business Card with handwritten contact information for B. McCraw, # 74 Def-73 S. Dorrell`s case manager notes regarding D. Lozano_Redacted, # 75 Def-74 Email thread between B. McCraw, S. Dorrell, and M. L. Scott regarding encouraging D. Lozano to make appointment with Judicial Affairs, # 76 Def-76 Email thread between B. McCraw and B. Howell regarding Waco PD needing to speak to D. Lozano with B. McCraw handwritten notes, # 77 Def-83 D. Lozanos Official Baylor University Transcript, # 78 Def-88 Text messages between D. Lozano and J. Lebby, # 79 Def-94 D. Lozanos Statement to Municipal Court, # 80 Def-141 Dolores Lozano Social Media Post dated May 16, 2016. Sealed Exhibits # 81 Court-1, # 82 Court-2, # 83 Court-3) (lad). (Entered: 10/26/2023)

Plaintiff's verdict for $270,000.

Plaintiff's Experts:

Defendant's Experts:

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