WACO, Texas - Lawyers for Baylor University have filed a motion to dismiss a Title IX lawsuit filed by a former student who says she and dozens of other women were raped by members of the school's football team. However, most of the the arguments presented in the motion can easily be taken down by Title IX protections and other legal precedents.
It's Not Baylor's responsibility
In the motion to dismiss, lawyers for the University state, "As a general rule, universities do not have a legal duty to protect their students from harm caused by other students. However, under Title IX, schools are required to address situations that create hostile environments for students.
The statute of limitations has passed
Lawyers claim that the lawsuit cannot move forward because the woman who filed the suit waited more than two years to report the rape to the school, during which time, the statute of limitations expired. Title IX lawsuits have to be filed within two years, but in a previous ruling a judge said that the clock didn't start ticking for the woman until last spring, when the public learned just how badly the school was handling sexual assault cases.
Lawsuit claims are "immaterial and inflammatory"
The school went after the student who filed the lawsuit herself, calling her accusations "immaterial and inflammatory." The motion also stated that the school does not "agree with or concede the accuracy of the plaintiff's 146 paragraph complaint," such as the claim that 52 women were raped by members of the football team over a four-year period. There may be no easy way to confirm that, but the woman who filed the lawsuit is hardly the only one to come forward with a rape accusation.
Since the scandal broke, Baylor has made strides to address the issue on campus, but if the school's defensive stance against the lawsuit is any indication it still has a long way to go.