Baylor moves to dismiss lawsuit alleging 52 rapes by football players in 4 years

Jasmin Hernandez was raped in 2012 by former Bears football player Tevin Elliott, who is serving a 20-year prison sentence for the crime.

Citinga two-year statute of limitations, Baylor University lawyers moved todismiss a lawsuit on Tuesday of an alleged gang rape victim who claims the school’s football programused sex as a recruiting pitchfor high school athletes.

A Baylor University graduate sued the school in January, alleging that31Baylor football players committed 52 acts of rape between 2011 and 2014.

“Baylor does not agree with or concede the accuracy of plaintiff’s 146-paragraph complaint and its immaterial and inflammatory assertions,” the motion read, viaThe Waco Tribune.

The woman, identified as "Elizabeth Doe" in the suit, claims she was gang raped by two then-football players, Tre’Von Armstead and Shamycheal Chatman, after a party in April 2013.

The two players were named as suspects in a police report at the time but were never charged. They have since been indicted.While the arrests are more than three years removed from the alleged incident,McLennan County District Attorney Abel Reyna said Thursday the two were taken into custody because of "newly discovered evidence and continued investigation."

According to Baylor's motion on Tuesday, the plaintiff's claim also fails because her allegations do not rise to the level of “deliberate indifference."

The lawsuit, which claims Title IX violations and negligence by Baylor, alleges the football program promoted a "show 'em a good time" policy that used sex as a recruiting pitchfor high school athletes. The suit claims one Texashigh school athlete said thatassistant coach Kendall Briles once asked him, "Do you like white women? Because we have a lot of them at Baylor and they love football players."

The sexual assault scandal at Baylor that exploded in late 2015 and unfolded in the news throughout 2016 has already led to the firing of coach Art Briles, the resignation of athletic director Ian McCaw and the demotionof university president Ken Starr.

MORE: Former Baylor LB Myke Chatman arrested on rape charges

An investigationfunded by Baylor's Board of Regents identified 17 women who had reported sexual or domestic assaults involving 19 Baylor football players, including four alleged gang rapes, since 2011.

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