Baylor University was found to be negligent and in violation of Title IX in a federal civil trial, resulting in the awarding of $270,000 to former female student Dolores Lozano.
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Jurors delivered the verdict Tuesday afternoon after starting deliberations mid-day Monday. They awarded Lozano $270,000 for the negligence claim but no financial award for the Title IX violation. According to Lozano's lawsuit, the football chaplain, an assistant football coach, counseling center staff, judicial affairs, the coach for the acrobatics and tumbling team for which Lozano worked as a team manager, and athletic department leadership, including McCaw, were each informed about the alleged assaults.
In her own testimony Tuesday, Lozano said she had received a business card with McCraw's name and phone number on it, but that she did not recall anyone telling her what her reporting options were under Title IX. Throughout Lozano's trial, attorneys for Baylor tried to draw distinctions between Lozano and the women whose reports of sexual violence had been part of the 2016 investigation by law firm Pepper Hamilton that found widespread institutional failures in complying with Title IX and responding to victims. The investigation resulted in the termination of Briles, suspension and eventual resignation of McCaw, and the demotion and later departure of President Ken Starr. Starr died in 2022.
Lozano's attorneys often invoked the overall findings of the Pepper Hamilton investigation to make their case that the climate at Baylor that discouraged reporting and responding to assaults, and specific issues with football player discipline, put Lozano at a"heightened risk" for assault and was discrimination under Title IX.
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