Doe v. Baylor Univ.

• Decision Date: 29 September 2018
• Docket Number: 6:17-CV-236-RP
• Citation: 336 F.Supp.3d 763
• Parties: Jane DOE 12, Jane Doe 13, Jane Doe 14, and Jane Doe 15, Plaintiffs, v. BAYLOR UNIVERSITY, Defendant.
• Court: U.S. District Court — Western District of Texas

336 F.Supp.3d 763

Jane DOE 12, Jane Doe 13, Jane Doe 14, and Jane Doe 15, Plaintiffs,

v.BAYLOR UNIVERSITY, Defendant.

6:17-CV-236-RP

United States District Court, W.D. Texas, Waco Division.

Signed September 29, 2018

Chad W. Dunn, Brazil & Dunn, Austin, TX, James R. Dunnam, Dunnam, Dunnam, et al., Waco, TX, for Plaintiffs.

James E. Byrom, Lisa Ann Brown, Thompson & Horton LLP, Houston, TX, Julie A. Springer, Sara E. Janes, Weisbart Springer Hayes LLP, Holly Gene McIntush, Thompson & Horton, LLP, Austin, TX, for Defendant.

JURY TRIAL DEMANDED

ORDER

ROBERT PITMAN, UNITED STATES DISTRICT JUDGE

Each of the four plaintiffs in this case allege that while they were students at Baylor University they were sexually assaulted by another student, but when they sought assistance and protection from Baylor, the school did nothing (or almost nothing) in response to their reports. Plaintiffs allege that Baylor's failure to promptly and appropriately investigate and respond to student sexual assaults substantially increased the risk of sexual assault for Plaintiffs and for all female students at Baylor. They further allege that Baylor's own policies and selective conduct code enforcement created a discriminatory environment for female students that fostered sexual harassment and sexual assault and denied educational opportunities to Plaintiffs and other female students. Plaintiffs seek to hold Baylor liable under Title IX of the Education Amendments of 1972 ("Title IX"). Title IX provides that "[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." 20 U.S.C. § 1681(a). (Am. Compl., Dkt. 14).

Baylor moves to dismiss each Plaintiffs' claims. (Dkts. 20, 21, 22, 23). Baylor attempts to disclaim liability by arguing that Plaintiffs' alleged assaults were outside of their control, (Def.'s Mot. Dismiss Doe 12, Dkt. 20, at 6), that Baylor's investigations were not "clearly unreasonable," (id. at 12), and that Baylor's written policy prohibiting sex discrimination protects the university from certain claims under Title IX, (id. at 8). The Court disagrees.

At this stage of litigation, the Court considers only whether Plaintiffs' Complaint contains sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Among their claims, Plaintiffs allege that Baylor discouraged them from reporting their assaults, failed to adequately investigate each of the assaults, misled and lied to Plaintiffs about their options for reporting and accommodations, and obstructed Plaintiffs' access to medical and mental health treatment. They also allege that these practices chilled other students from reporting sexual harassment. Plaintiffs assert that Baylor's practices in handling their reports reflect the school's widespread practice of mishandling reports of peer sexual assault. They allege that Baylor and its highest officers permitted the creation of a campus environment "rife with sexual assault," (Am. Compl., Dkt. 14, at ¶ 23), that "substantially increased Plaintiffs' chances of being sexually assaulted," (id. at 1), and ultimately created a hostile educational environment that deprived Plaintiffs of a normal college education, educational opportunities, and future earning capacity, (id. at 45–46).

What Plaintiffs allege—a widespread pattern of discriminatory responses to female students' reports of sexual assault permitted by high-ranking, policy-setting Baylor officials—presents a serious and plausible claim to relief under Title IX. Even those Supreme Court justices who expressed skepticism regarding holding institutions liable under Title IX for sexual assaults of individual students have suggested that "a clear pattern of discriminatory enforcement of school rules could raise an inference that the school itself is discriminating." Davis v. Monroe Cty. Bd. Educ. , 526 U.S. 629, 683, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999) (Kennedy, J., dissenting). In particular, they noted that a "school's failure to enforce its rules when the boys target the girls on a widespread level, day after day, may support an inference that the school's decision not to respond is itself based on gender" and thereby be actionable under Title IX. Id.

I. STANDARD OF REVIEW

Pursuant to Rule 12(b)(6), a court may dismiss a complaint for "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). "To survive a Rule 12(b)(6) motion to dismiss, a complaint ‘does not need detailed factual allegations,’ but must provide the [plaintiffs'] grounds for entitlement to relief—including factual allegations that when assumed to be true ‘raise a right to relief above the speculative level.’ " Cuvillier v. Taylor , 503 F.3d 397, 401 (5th Cir. 2007) (citing Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). That is, "a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ " Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly , 550 U.S. at 570, 127 S.Ct. 1955 ). "[A] motion to dismiss under 12(b)(6) ‘is viewed with disfavor and is rarely granted.’ " Turner v. Pleasant , 663 F.3d 770, 775 (5th Cir. 2011) (quoting Harrington v. State Farm Fire & Cas. Co. , 563 F.3d 141, 147 (5th Cir. 2009) ).

II. FACTUAL BACKGROUND

Plaintiffs are four women who were students at Baylor at the time of the events at issue in this lawsuit. (Am. Compl., Dkt. 14, ¶¶ 1–4). Each Plaintiff alleges one or more sexual assaults by fellow Baylor students between 2012 and 2016, including assaults committed by members of the Baylor football team and one member of the Baylor rugby team. (Id. ¶¶ 85, 107–08). Each Plaintiff also alleges that she reported her assault to—and was met with an indifferent and inadequate response from—the Baylor Counseling Center, the Baylor police department, the Title IX office, or another student services office. (Id. ¶¶ 54, 80, 86, 96, 110, 140–43). Plaintiffs allege that "high-level, policy-setting" Baylor employees and officials "did not cause any change in the sexually hostile environment at the University" even after receiving numerous, detailed reports of sexual assault. (Id. ¶ 38–39). Instead, Plaintiffs allege that Baylor discouraged them from reporting their assaults, (id. ¶¶ 55–57, 81, 111, 180), failed to adequately investigate each of the assaults, (id. ¶¶ 31–32), misled and lied to Plaintiffs about their options for reporting and accommodations, (id. ¶ 40), and obstructed Plaintiffs' access to medical and mental health treatment, (id. ¶¶ 44, 61–62, 81, 88, 158–61). Plaintiffs allege that Baylor's actions caused Plaintiffs profound psychological damage and distress and negatively affected their future relationships. (Id. ¶¶ 43–44).

Plaintiffs assert that Baylor's practices in handling their reports reflect the school's widespread practice of mishandling reports of peer sexual assault. They allege that Baylor permitted the creation of a campus condition "rife with sexual assault," (id. ¶ 23), that "substantially increased Plaintiffs' chances of being sexually assaulted," (id. at 1), chilled student reporting of sexual assault and harassment, (id. ¶ 36), and ultimately created a hostile educational environment that deprived Plaintiffs of a normal college education, educational opportunities, and future earning capabilities, (id. ¶¶ 45–46).

Specifically, each Plaintiff makes the following individual allegations:

Jane Doe 12 (or "Doe 12"), who enrolled at Baylor in 2014, alleges she was raped by another Baylor student in March 2016. (Id. ¶¶ 50, 69). She first reported to a friend shortly after the assault and then reported the assault to a professor approximately two weeks later. (Id. ¶¶ 51–52). After her professor reported the assault to the department head, "ultimately an email was sent informing Title IX." (Id. ¶¶ 52–53). She alleges that when she met with Baylor's Title IX office, the office staff misinformed her and concealed information about additional reporting options, accommodations available under Title IX, and the availability of investigatory actions that could be undertaken by the university. (Id. ¶¶ 54–56, 75). The office staff advised her that "reporting to the police would mean a 5 year investigation," which "could possibly derail per plans to study abroad," and that "if her assailant graduated prior to the conclusion of a police investigation, the University would not be able to punish him." (Id. ¶ 56). As a result, Jane Doe 12 "chose to go through Title IX only" and did not file a police report. (Id. ¶ 57). After she made this choice, her assigned Title IX investigator went on vacation, and her case went "untouched" for a week even after she contacted the office multiple times. (Id. ¶ 58). Jane Doe 12 requested academic support and counseling through the Title IX office. (Id. ¶ 60). For several months following her assault, she experienced panic attacks and anxiety and was unable to be by herself. (Id. ¶ 59). She attempted to avoid her assailant, but fear of running into him caused her anxiety in public at all times. (Id. ). The Title IX office referred her to "an outside counselor that did not take her insurance." (Id. ¶ 61). When she explained this, the Title IX office did not offer alternatives, and instead encouraged her "to keep the appointment to see ‘if it worked out.’ " (Id. ). Jane Doe 12 could not afford the appointment and "had no choice but to cancel." (Id. ). Baylor's Title IX office did not refer her to the Advocacy Center, which offered free counseling. (Id. ¶ 62). The Title IX office also communicated inaccurate information to her professors, which required Jane Doe 12 to meet with professors to explain her situation, causing embarrassment. (Id. ¶ 63). Before the...