U.S. Department of Education investigating Baylor Title IX cases

ByPAULA LAVIGNE AND MARK SCHLABACH
October 28, 2016, 5:50 PM

— -- The U.S. Department of Education Office for Civil Rights announced Wednesday that it had opened an investigation into Baylor University's handling of Title IX cases.

The investigation was prompted by a complaint filed Sept. 26 by the school's former Title IX coordinator Patty Crawford, who resigned Oct. 3 amid allegations she made that senior leaders at Baylor prevented her from adequately investigating Title IX cases and running the office.

Specifically, Crawford alleged in an interview with "CBS This Morning" earlier this month that a group of Baylor administrators "made sure that they were protecting the brand ... instead of our students." She declined to identify the Baylor officials during the interview.

The U.S. Department of Education typically does not identify those who file a complaint, but it made a rare move on Wednesday to issue a press release about Baylor's investigation and noted that Crawford gave her permission to be identified.?The investigation is one of 281 ongoing sexual violence cases among 215 postsecondary institutions.

The department also noted that it is a "neutral fact finder" that will collect and analyze all relevant evidence to develop its findings, but it does not typically release information to the public until it is done with its investigation, at which point it can release the date the complaint was resolved, dismissed or closed; the basic reasons for the agency's decision; and any suggestions for improvement, if warranted.

While the U.S. Department of Education does have the ability to terminate federal funds -- which Baylor, even though it is a private school, receives via student federal financial aid for tuition -- it typically resolves cases by coming up with agreed-upon actions to improve the school's handling of Title IX complaints and enforcement.

Crawford's attorney, Rogge Dunn of Dallas, told Outside the Lines that Crawford increased reporting of sexual assaults and sexual violence by 700 percent, and although Dunn did not have specific numbers, he said Crawford handled "hundreds" of cases. Crawford was hired in 2014 as the school's first full-time dedicated Title IX coordinator. In 2014, as part of Baylor's requirement to report crimes to the federal government, the school reported it had a total of four rapes involving students.

"I continued to work hard, and the harder I worked, the more resistance I received from senior leadership," Crawford told CBS. "That became clear that that was not something the university wanted, and in July, I made it clear and ready that I had concerns and that the university was violating Title IX, and my environment got worse."

For months, Baylor has been at the center of nationwide attention over the handling of sexual assault allegations and investigations, including several that involved athletes.

In May, law firm Pepper Hamilton released a scathing report about Baylor's handling of sexual assault allegations. That report, which was commissioned by the Baylor Board of Regents, led to the demotion and then resignation of former university president and chancellor Kenneth Starr; the firing of football coach Art Briles; the suspension and then resignation of athletic director Ian McCaw; and the firings of multiple athletic department employees.

Dunn said that Crawford believed Pepper Hamilton "vindicated some of the things that she'd been saying and trying to do" but that the university's actions to implement the law firm's recommendations fell short.

A statement from Baylor announcing Crawford's resignation stated: "Patty was disappointed in her role in implementing the recommendations that resulted from the Pepper Hamilton investigation." At the time, university spokeswoman Tonya Lewis told the Waco (Texas) Tribune that Crawford's "demand for $1 million was surprising and her request to retain book and movie rights was troubling, and we can't explain her motivation."

Dunn wouldn't confirm details of the mediation because it would be a violation of the law, but he told Outside the Lines that Crawford "never had any plans to pursue a book or movie deal."

The U.S. Department of Education has received at least two other complaints about Baylor this year. One was from a female Baylor graduate who had not been the victim of an assault but who said she was concerned about the culture at Baylor and wanted more oversight. And another was from Jasmin Hernandez, the woman who had reported being raped in 2012 by former football player Tevin Elliott, who would end up being criminally convicted for sexual assault and sentenced to 20 years in prison.

It's unclear what happened with the first complaint. Hernandez's complaint was dismissed in June, because more than 180 days had elapsed since her last reported allegation against Baylor stemming from her April 2012 assault.

Four federal Title IX lawsuits have also been filed against Baylor, including one filed by Hernandez in March. Two others involve allegations against football players. Despite being a private school, Baylor is required by the federal Title IX statute to investigate allegations of sexual assault and violence thoroughly and to provide security, counseling services and academic help to those who report assaults. Part of the law's goal is to help keep victims in school.