Statement in Response to Jane Doe 1-10

August 9, 2018
This case is not about former Baylor football player Tevin Elliott, who has already been convicted in a court of law and is currently serving in a state prison. None of the 10 Plaintiffs in this case are claiming they were assaulted by Elliott.

The Court has made it abundantly clear through prior rulings that this case is about whether Baylor created a "heightened risk of sexual assault" that actually caused the Plaintiffs' assaults or that Baylor was deliberately indifferent to the Plaintiffs' reports of their alleged assaults.

The assertion that Baylor "concealed" documents related to the Elliott case is false and completely absurd. Baylor produced these materials as part of discovery in the Hernandez case involving Elliott, which is precisely why third-party Art Briles had possession of them given that he was a named defendant in the Hernandez lawsuit. These documents have never been concealed or hidden by Baylor or outside counsel.

As for discovery in this lawsuit, the time span ordered by the Court stretches from 2003 through 2016 and involves millions of pages of documents. Consistent with the Court orders in this case, Baylor has been methodically and systemically producing all of the records as ordered by the Court. Baylor has been producing student records starting with the most recent records from the Title IX Office, which was created in 2014. The Elliott files predate the creation of the Title IX Office. These records, and many others, will be produced in accordance with the Court's orders and in accordance with the timetable set by the Court, which is currently set at Sept. 17, 2018.

Regarding the substance of the documents, there is no evidence to suggest that Reagan Ramsower was aware of a March 2011 alleged sexual assault involving Elliott, despite the conspiracy being spun by Plaintiffs' counsel. Also, the portion of the "60 Minutes" interview of Ramsower referred to in today's filing does not pertain to Elliott.

Additionally, evidence used during the recent Ian McCaw deposition shows that the police report involving the Sept. 2011 Class C misdemeanor allegation involving Elliott was sent by Judicial Affairs to the appropriate contact within the Athletics Department.

Many of these same documents – and others made available to the Pepper Hamilton independent investigators – informed the May 26, 2016 Findings of Fact, which outlined fundamental failures campus-wide in Baylor responding to reports of sexual violence and resulted in the subsequent departures of Ken Starr, Ian McCaw and Art Briles. In fact, the theory purported by the Plaintiffs' counsel in today's filing only reinforces the unprecedented actions taken by the Baylor Board of Regents related to leadership changes and the adoption of 105 recommendations to enhance the safety and security of Baylor's campus community.
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