Court filing: Top BU officials 'concealed reports of serial sexual assault'

gobears20
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http://www.kwtx.com/content/news/Court-filing--Top-BU-officials-concealed-reports-of-serial-sexual-assault-490499971.html


WACO, Texas (KWTX) Documents produced by fired Baylor head coach Art Briles in response to a subpoena in a Jane Doe sexual assault lawsuit against the university show that "multiple senior Baylor administrators knew about a serial sexual assault assailant" in the fall of 2011, but failed to act, according to a court filing Thursday.

"After having engaged in four separate alleged sexual assaults, this predator went on to rape a final Baylor student on April 15, 2012, resulting in criminal conviction and a sentence of 20 years in prison," the 38-page motion filed by attorneys Jim Dunnam of Waco and Chad Dunn of Houston.

The motion, filed in an ongoing dispute over what the attorneys say is "Baylor's massive discovery obstruction," argues that the documents provided by Briles underscore the importance of non-party discovery to the Jane Doe plaintiffs' claims.

"The assertion that Baylor 'concealed' documents related to the Elliott case is false and completely absurd," the university said in a statement early Thursday evening.

The documents, which were provided to Briles' attorney during discovery in a separate lawsuit filed by the victim of the April 15, 2012 rape, Jasmin Hernandez, were included among the hundreds of pages that Briles turned over in response to a subpoena in the Jane Doe lawsuit.

"Baylor produced these materials as part of discovery in the Hernandez case involving (former Baylor football player Tevin) Elliott, which is precisely why third-party Art Briles had possession of them given that he was a named defendant in the Hernandez lawsuit," the university said.

"These documents have never been concealed or hidden by Baylor or outside counsel."

Hernandez of Orange County, Calif., filed the federal lawsuit against the school, Briles, and former athletic director Ian McCaw in March 2016, alleging officials were "deliberately indifferent" to sexual assault allegations against ex-football player Tevin Elliot, who's serving a prison sentence after he was found guilty of two counts of sexual assault

The suit was settled in mediation in August 2017.

The terms of the settlement weren't disclosed.

KWTX does not normally name rape victims, but Hernandez's attorney said Hernandez wanted to speak publicly to draw attention to the case.

Elliot, a former defensive end, was indicted on August 27, 2012 in connection with the sexual assault in the early morning hours of April 15, 2012, during a party at a South Waco apartment complex.

In January 2014, a Waco state district court sentenced Elliot to 20 years in prison and a $10,000 fine on each count.

The sentences are running concurrently.

Baylor suspended Elliot April 27, 2012 for unspecified team violations, two days after a meeting to discuss the sexual assault that sources with direct knowledge of the situation say included former Baylor General Counsel Charlie Bechenhauer, who has since died, Baylor and Waco police investigators, Judicial Affairs investigators and Executive Vice President Reagan Ramsower.

The Waco investigators said they were preparing to arrest Elliot and during the course of the discussion, then Baylor police Chief Jim Doak acknowledged that he knew about multiple assaults in which Elliot was accused, but didn't notify anyone in the athletics department.

Elliot was charged with sexual assault on April 30, 2012 and was freed on $10,000 bond.

He later transferred to Central Arkansas.

Clint Conque, head football coach at Central Arkansas, suspended Elliot a day after a McLennan County grand jury indicted Elliot on three counts of sexual assault.

Hernandez was one of five women who reported to police that they were either raped or assaulted by Elliot in incidents from October 2009 to April 2012.

The motion filed Thursday says that Baylor's Judicial Affairs office and Baylor Judicial Affairs Coordinator David Murdock, Associate Dean for Judicial Affairs Bethany McCraw and Associate Vice President for Student Life Martha Lou Scott became aware of Elliot's assaults as early as Nov. 7, 2011 and that Ramsower, who, as Baylor's senior vice president and chief operating officer, oversaw the university's administrative and financial operations including the Baylor Department of Public Safety, was aware that Elliot was "assaulting young women" as early as the week of Oct. 5, 2011.

"All of this should be put into the context that a Baylor student was ultimately sexually assaulted on April 15, 2012, meaning that had just one of Ramsower, Doak, Murdock, McCraw or Scott done even the minimum their job required, Elliot would not have had the opportunity to commit assaults in March and April of 2012," the motion says.

"In short, at least five key Baylor senior non-athletic administrators were aware of Elliot's predatorial behavior in the fall of 2011. They did nothing, with horrific consequences over the next five months," the motion says.

Baylor rejects the claim that Ramsower was aware of a March 2011 sexual assault.

"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," the school said.

The motion cites an email exchange on Oct 12, 2011 between Doak and Ramsower in which Doak wrote, "I mentioned to you about Tevin Elliot last week. He has denied everything (no surprise) and now Waco PD is looking at a polygraph for him. This is a case of 'he said-she said' but her story has never varied each time she has been interviewed. I'll keep you posted."

The motion cites another email sent on Nov. 7, 2011 by Murdock to McCraw and Scott about an allegation of "'unlawful restraint'" of a sexual nature against Elliot.

"I will be sending Tevin a student charge of misconduct as well," Murdock wrote.

The motion says Murdock received a message the next day about the referral of an assault reported by the "Police Dept." to "our office," the motion says.

The motion says handwritten notes dated later in November 2011 "show Murdock and Judicial Affairs changing course and burying the information, allowing Elliot to continue to walk unhindered on Baylor campus (and incidentally play in Baylor's victories over Kansas, Oklahoma, Texas Tech, and Texas to finish out the 2011 regular football season)."

The motion also claims that Ramsower lied in an interview with "60 Minutes Sports" for a story that aired on Nov. 11, 2016 on the Showtime network in which he said "unequivocally that he had no knowledge of the prior assaults and that Doak was solely responsible for hiding them.

In response to a question about how much responsibility he bears personally for what had happened at Baylor, Ramsower responded, "I had, I had no knowledge of any other reports. I had no knowledge of anything being reported to me,"

In response to a follow-up question about whether the sexual assault incidents weren't reported to him because of a breakdown in procedure, Ramsower replied, "I think that it was, and the, the people involved in that no longer employed by the university. that would be the chief of police, as well as some of the other folks, but particularly the chief of police."

Baylor, in its statement, said the portion of the interview to which the plaintiff's motion refers does not pertain to Elliott.

Ramsower, who was appointed to head a Sexual Assault Task Force created in response to recommendations from the Pepper Hamilton law firm, stepped down as the school's senior vice president and chief operating officer on May 31.

He continues to serve Baylor as a full professor in the Hankamer School of Business.
TV55
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gobears20 said:

http://www.kwtx.com/content/news/Court-filing--Top-BU-officials-concealed-reports-of-serial-sexual-assault-490499971.html


WACO, Texas (KWTX) Documents produced by fired Baylor head coach Art Briles in response to a subpoena in a Jane Doe sexual assault lawsuit against the university show that "multiple senior Baylor administrators knew about a serial sexual assault assailant" in the fall of 2011, but failed to act, according to a court filing Thursday.

"After having engaged in four separate alleged sexual assaults, this predator went on to rape a final Baylor student on April 15, 2012, resulting in criminal conviction and a sentence of 20 years in prison," the 38-page motion filed by attorneys Jim Dunnam of Waco and Chad Dunn of Houston.

The motion, filed in an ongoing dispute over what the attorneys say is "Baylor's massive discovery obstruction," argues that the documents provided by Briles underscore the importance of non-party discovery to the Jane Doe plaintiffs' claims.

"The assertion that Baylor 'concealed' documents related to the Elliott case is false and completely absurd," the university said in a statement early Thursday evening.

The documents, which were provided to Briles' attorney during discovery in a separate lawsuit filed by the victim of the April 15, 2012 rape, Jasmin Hernandez, were included among the hundreds of pages that Briles turned over in response to a subpoena in the Jane Doe lawsuit.

"Baylor produced these materials as part of discovery in the Hernandez case involving (former Baylor football player Tevin) Elliott, which is precisely why third-party Art Briles had possession of them given that he was a named defendant in the Hernandez lawsuit," the university said.

"These documents have never been concealed or hidden by Baylor or outside counsel."

Hernandez of Orange County, Calif., filed the federal lawsuit against the school, Briles, and former athletic director Ian McCaw in March 2016, alleging officials were "deliberately indifferent" to sexual assault allegations against ex-football player Tevin Elliot, who's serving a prison sentence after he was found guilty of two counts of sexual assault

The suit was settled in mediation in August 2017.

The terms of the settlement weren't disclosed.

KWTX does not normally name rape victims, but Hernandez's attorney said Hernandez wanted to speak publicly to draw attention to the case.

Elliot, a former defensive end, was indicted on August 27, 2012 in connection with the sexual assault in the early morning hours of April 15, 2012, during a party at a South Waco apartment complex.

In January 2014, a Waco state district court sentenced Elliot to 20 years in prison and a $10,000 fine on each count.

The sentences are running concurrently.

Baylor suspended Elliot April 27, 2012 for unspecified team violations, two days after a meeting to discuss the sexual assault that sources with direct knowledge of the situation say included former Baylor General Counsel Charlie Bechenhauer, who has since died, Baylor and Waco police investigators, Judicial Affairs investigators and Executive Vice President Reagan Ramsower.

The Waco investigators said they were preparing to arrest Elliot and during the course of the discussion, then Baylor police Chief Jim Doak acknowledged that he knew about multiple assaults in which Elliot was accused, but didn't notify anyone in the athletics department.

Elliot was charged with sexual assault on April 30, 2012 and was freed on $10,000 bond.

He later transferred to Central Arkansas.

Clint Conque, head football coach at Central Arkansas, suspended Elliot a day after a McLennan County grand jury indicted Elliot on three counts of sexual assault.

Hernandez was one of five women who reported to police that they were either raped or assaulted by Elliot in incidents from October 2009 to April 2012.

The motion filed Thursday says that Baylor's Judicial Affairs office and Baylor Judicial Affairs Coordinator David Murdock, Associate Dean for Judicial Affairs Bethany McCraw and Associate Vice President for Student Life Martha Lou Scott became aware of Elliot's assaults as early as Nov. 7, 2011 and that Ramsower, who, as Baylor's senior vice president and chief operating officer, oversaw the university's administrative and financial operations including the Baylor Department of Public Safety, was aware that Elliot was "assaulting young women" as early as the week of Oct. 5, 2011.

"All of this should be put into the context that a Baylor student was ultimately sexually assaulted on April 15, 2012, meaning that had just one of Ramsower, Doak, Murdock, McCraw or Scott done even the minimum their job required, Elliot would not have had the opportunity to commit assaults in March and April of 2012," the motion says.

"In short, at least five key Baylor senior non-athletic administrators were aware of Elliot's predatorial behavior in the fall of 2011. They did nothing, with horrific consequences over the next five months," the motion says.

Baylor rejects the claim that Ramsower was aware of a March 2011 sexual assault.

"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," the school said.

The motion cites an email exchange on Oct 12, 2011 between Doak and Ramsower in which Doak wrote, "I mentioned to you about Tevin Elliot last week. He has denied everything (no surprise) and now Waco PD is looking at a polygraph for him. This is a case of 'he said-she said' but her story has never varied each time she has been interviewed. I'll keep you posted."

The motion cites another email sent on Nov. 7, 2011 by Murdock to McCraw and Scott about an allegation of "'unlawful restraint'" of a sexual nature against Elliot.

"I will be sending Tevin a student charge of misconduct as well," Murdock wrote.

The motion says Murdock received a message the next day about the referral of an assault reported by the "Police Dept." to "our office," the motion says.

The motion says handwritten notes dated later in November 2011 "show Murdock and Judicial Affairs changing course and burying the information, allowing Elliot to continue to walk unhindered on Baylor campus (and incidentally play in Baylor's victories over Kansas, Oklahoma, Texas Tech, and Texas to finish out the 2011 regular football season)."

The motion also claims that Ramsower lied in an interview with "60 Minutes Sports" for a story that aired on Nov. 11, 2016 on the Showtime network in which he said "unequivocally that he had no knowledge of the prior assaults and that Doak was solely responsible for hiding them.

In response to a question about how much responsibility he bears personally for what had happened at Baylor, Ramsower responded, "I had, I had no knowledge of any other reports. I had no knowledge of anything being reported to me,"

In response to a follow-up question about whether the sexual assault incidents weren't reported to him because of a breakdown in procedure, Ramsower replied, "I think that it was, and the, the people involved in that no longer employed by the university. that would be the chief of police, as well as some of the other folks, but particularly the chief of police."

Baylor, in its statement, said the portion of the interview to which the plaintiff's motion refers does not pertain to Elliott.

Ramsower, who was appointed to head a Sexual Assault Task Force created in response to recommendations from the Pepper Hamilton law firm, stepped down as the school's senior vice president and chief operating officer on May 31.

He continues to serve Baylor as a full professor in the Hankamer School of Business.

And Baylor's response. Pretty clear they disagree with the "theories" in the plaintiff's filings. You have to give to whoever is filing all this stuff. A few weeks ago it was racial discrimination (whoops....that was wrong). Now it is suppression of information 7 years ago. What's next? Alien intervention? Zombie Apocalypse? Pathetic.

----

Following is the University statement re: today's news...

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.

###
DieUniversitaet
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I didn't think it was even in dispute that Baylor officials covered up rape.
FWBear
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DieUniversitaet said:

I didn't think it was even in dispute that Baylor officials covered up rape.
You freaking serious? #BanHammer
Booray
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What a typical chicken ****, hide the ball response. I don't really care whether the documents are legally relevant to Dunnam's current case. That is for him and his clients to worry about.

What is relevant to me is that the BOR cried out to God when they learned that Art Briles had not gone to the campus police, the title IX office or judicial affairs when confronted with reports of sexual assault. It turns out that those exact offices, all under the supervision of one Reagan Ramsower, chose not to act on accounts of Tevin Elliott's sexual assaults. To the point of not informing the coach the BOR turned into a pariah for keeping predators on his team. Seems obvious that the ones responsible for enabling predators were the ones who actually knew about it and did nothing.

I love Baylor University, but this makes me stick to my stomach.

BellCountyBear
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Mac Engel must be pissed that he didn't publish this first.
Dia del DougO
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Baylor suspended Elliot April 27, 2012 for unspecified team violations, two days after a meeting to discuss the sexual assault that sources with direct knowledge of the situation say included former Baylor General Counsel Charlie Bechenhauer, who has since died, Baylor and Waco police investigators, Judicial Affairs investigators and Executive Vice President Reagan Ramsower.


So it wasn't the football program covering up rapes, but the higher ups....that weren't fired.

Intradesting...
"The only true currency in this bankrupt world is what you share with someone else when you're uncool."
REX
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Drip drip drip
DieUniversitaet
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FWBear said:

DieUniversitaet said:

I didn't think it was even in dispute that Baylor officials covered up rape.
You freaking serious? #BanHammer


0 rapes reported for how many years?

JA sending alcohol police on women who reported things?

Patty Crawford remarking that Reagan Ramsower told her she was doing her job a little too well with all the title IX complaints she reported (once we finally got that office) ?

How about you go outside and play hide and go scheissen essen and, I don't know, get educated?
PartyBear
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The people high up who thought they got away with everything should perhaps start worrying about their freedom. Sounds like obstruction of justice is starting to be revealed.
bularry
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You don't have to quote all that, dumbass
bularry
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PartyBear said:

The people high up who thought they got away with everything should perhaps start worrying about their freedom. Sounds like obstruction of justice is starting to be revealed.


It actually doesn't sound like that at all
TellMeYouLoveMe
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What kind of "lady" needs a university to tell her not to answer a booty call?
Hmmmmm, Hmmmmmmmmmmmmmmmmmmm
Loaded4Bear
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bularry said:

You don't have to quote all that, dumbass
Dammit Larry. I am beginning to like you.
"It it ain't broke, get a bigger hammer!"
Loaded4Bear
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The truth is a beautiful thing. And it will set us ALL free. Hope it keeps seeing the sunlight.
"It it ain't broke, get a bigger hammer!"
BellCountyBear
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So what does any of this have to do with banning Baylor from a potential Bowl game???
ImwithBU
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Things done in the dark will come to the light. Like I said Briles will get another opportunity. S**t is starting to get real
Loaded4Bear
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BellCountyBear said:

So what does any of this have to do with banning Baylor from a potential Bowl game???
The thread is titled "Court filing: Top BU officials 'concealed reports of serial sexual assault'

Perhaps you stumbled upon the wrong thread?
"It it ain't broke, get a bigger hammer!"
BUbearinARK
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Loaded4Bear said:

BellCountyBear said:

So what does any of this have to do with banning Baylor from a potential Bowl game???
The thread is titled "Court filing: Top BU officials 'concealed reports of serial sexual assault'

Perhaps you stumbled upon the wrong thread?
Didn't realize the ncaa had jurisdiction on this.
#28 Henry Black
Stats: coming soon...
TV55
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ImwithBU said:

Things done in the dark will come to the light. Like I said Briles will get another opportunity. S**t is starting to get real


The only problem is gets darker earlier .... in Italy.
TV55
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bularry said:

You don't have to quote all that, dumbass


Okay, Larry. Sorry.
BUbearinARK
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TV55 said:

bularry said:

You don't have to quote all that, dumbass


Okay, Larry. Sorry.
You don't have to quote that dumbass.

The magic of the comma
#28 Henry Black
Stats: coming soon...
PartyBear
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bularry said:

PartyBear said:

The people high up who thought they got away with everything should perhaps start worrying about their freedom. Sounds like obstruction of justice is starting to be revealed.


It actually doesn't sound like that at all


If you put it in the context of other testimony that has come out about Baylor PD burying rape allegations at the request of Bor members and or administrators, those folks may face big problems. Just like if a city council person had the city police chief not refer some cases to the DA to evaluate for prosecution. It seems the more that comes out, the more problematic it is for some higher ups.
DieUniversitaet
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PartyBear said:

bularry said:

PartyBear said:

The people high up who thought they got away with everything should perhaps start worrying about their freedom. Sounds like obstruction of justice is starting to be revealed.


It actually doesn't sound like that at all


If you put it in the context of other testimony that has come out about Baylor PD burying rape allegations at the request of Bor members and or administrators, those folks may face big problems. Just like if a city council person had the city police chief not refer some cases to the DA to evaluate. It seems the more that comes out, the more problematic it is for some higher ups.


Unfortunately they have run out of football coaches to deflect blame on.
Eball
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Lack of institutional control
YoakDaddy
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Damm they're going to the mat for RR...the 20+ years of dirt he's got must be really good.
Illinois Bear2
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TV55 said:

ImwithBU said:

Things done in the dark will come to the light. Like I said Briles will get another opportunity. S**t is starting to get real


The only problem is gets darker earlier .... in Italy.
It also gets lighter earlier.....in Italy.
Illinois Bear2
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Charlie Beckenhuaer was worthless
PartyBear
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Eball said:

Lack of institutional control


It is but not as per NCAA violations which is what the NCAA has jurisdiction over. Ironically the football program would probably remain fine with the NCAA. This seems to be as to a blocking title 9 investigations and or prosecutions for campus wide issues as a policy to protect a non existing in the first place Howdy Doody era brand. Which is worse for the specific people accused of this activity.
Eball
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PartyBear said:

Eball said:

Lack of institutional control


It is but not as per NCAA violations which is what the NCAA has jurisdiction over. This seems to be as to blocking title 9 investigations and or prosecutions. Which is worse for the specific people accused of this activity.
Well...if you consider Elliot was a football player and it specifically shows RR and JA and BU police covering it up and not looping in Football....well maybe that is why Engel wrote the story he wrote about the NCAA investigation taking a turn...after testimony and records from Ian CAB and Patty? Can't remember for sure who all was mentioned but if there is strong evidence that the SR administration was covering up crimes for the football/Athletics dept then that is pretty much the definition of lack of institutional control?

You know BU self reported only minor infractions hence no self imposed penalties...sort of interesting isn't it We fire Briles and let everyone think he did bad things but we don't self report any major infractions to NCAA...now after the investigation NCAA is coming after not CAB but SR administration people who may or may not have been acting under direction of various BOR members...who succeeded in not allowing PH to do a report or make anything except what they wanted to come out in the public?

Wow...I would have said two years ago I need to go get my tin foil hat but now...it just keeps looking worse for BU Sr. leadership.
PartyBear
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This filing dealt with a football player. I'm guessing the 90% who weren't athletes I'm guessing actually got more preferential treatment from this policy. As Ian mentioned it probably wasn't black guys who were disproportionately benefitting from this policy.
Osodecentx
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Illinois Bear2 said:

Charlie Beckenhuaer was worthless
He didn't write the FoF. Did he travel to Philadelphia to talk to PH? Did he give interviews to WSJ, DMN and BS? Did he groan and cry out to God?
He defended Baylor as much as any regent, i.e. not at all, when our reputation was being ruined.

He was a lawyer with idiots as clients
xiledinok
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Those jock sniffing rogue regents, weaklingly Ian and Briles sure needed that edge rusher.
Oakman?
Sam?
Texas A&M whipped our asses recruiting pass rushing defensive ends over the past decade. They didn't have anything else except for CFL Johnny. The state of Texas had some talent at DE. "Not a defensive school" highest Big 12 defensive player drafted in 2018 NFL Draft.
Unbelievable it all unraveled when our discipline and Talibaptist governance had a mid air crash.
How did Drew pull off Lace Dunn? We should give a bogus assistant athletic director position to one of his assistants to help with assistant pay. He did a wonderful job. He had college basketball DNA in him.
He gets a token of appreciation for keeping the trash off the yard.
Baylor Pride
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Sickened. Mad.
xiledinok
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Osodecentx said:

Illinois Bear2 said:

Charlie Beckenhuaer was worthless
He didn't write the FoF. Did he travel to Philadelphia to talk to PH? Did he give interviews to WSJ, DMN and BS? Did he groan and cry out to God?
He defended Baylor as much as any regent, i.e. not at all, when our reputation was being ruined.

He was a lawyer with idiots as clients


It is really sad that Rev. Wiles is considered a big Baptist leader, or whatever is left of them. Most experienced people would have canned all three stooges with RR and idiot Doak. Look forward to police department getting exposed. Everyday students could sue them with their misdeeds for decades.

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