As Baylor looks to dismiss Title IX lawsuits, lawyers seek relevant documents
January 7, 2017
In a move consistent with Baylor University’s responses to recent Title IX lawsuits, the school filed a motion to dismiss a suit claiming it did not adequately respond to allegations of physical violence against a football player.
Former student Dolores Lozano filed the suit against Baylor and its board of regents in October. She said Devin Chafin, a member of Baylor’s football team from 2012 to 2015, assaulted her at least three times, and alleges university officials did not investigate.
Title IX is not a general student safety statute and does not require universities to manage students’ private interactions, Baylor attorneys Lisa Brown and Holly McIntush argue.
“Plaintiff’s negligence claims likewise fail due to the absence of a legal duty,” the motion states. “Universities do not owe a legal duty to protect students from harm from fellow students.”