Baylor’s motion to dismiss states that “although the University condemns Elliott’s reprehensible, criminal acts, dismissal is warranted because plaintiff has failed to state a claim for which relief can be granted.” The document also emphasizes Hernandez’s claims don’t meet time requirements.
“Further, while Baylor is concerned for the welfare of all of its students, it is well settled that institutions of higher education may not be held liable in damages for criminal acts perpetrated by students against other students at a private, off-campus party unaffiliated with the institution,” the document states.
“Thus, even if it were foreseeable that football players ‘could rape a fellow students after a party where alcohol was served,’ courts have been unwilling to make colleges liable for damages caused by third parties because the trade-off would be onerous restrictions on the freedom and privacy of students,” the document states.
http://www.wacotrib.com/news/higher...cle_8a34713b-585f-5108-865d-cefec90dcffb.html
yet they had no problem using the student code book to threaten victims with punishment
“Further, while Baylor is concerned for the welfare of all of its students, it is well settled that institutions of higher education may not be held liable in damages for criminal acts perpetrated by students against other students at a private, off-campus party unaffiliated with the institution,” the document states.
“Thus, even if it were foreseeable that football players ‘could rape a fellow students after a party where alcohol was served,’ courts have been unwilling to make colleges liable for damages caused by third parties because the trade-off would be onerous restrictions on the freedom and privacy of students,” the document states.
http://www.wacotrib.com/news/higher...cle_8a34713b-585f-5108-865d-cefec90dcffb.html
yet they had no problem using the student code book to threaten victims with punishment
