BU rapist remained enrolled after he was kicked off football team, arrested

(TDCJ photo)
(TDCJ photo)(KWTX)
Published: Aug. 13, 2018 at 11:32 PM CDT
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Convicted rapist and former Baylor football player Tevin Elliott was allowed to remain on the Baylor campus and enrolled in school for 25 days after the football team suspended him indefinitely, 21 days after Waco Police arrested him, and nearly a month after a meeting between Waco PD and top university officials concerning the starting linebacker, according to documents obtained by KWTX.

Elliott, 27, is currently at the Allred Prison Unit in Iowa Park serving a 20 year sentence on two counts of sexually assaulting Jasmin Hernandez on April 15, 2012 and is one of two Baylor football players whose convictions sparked the Pepper Hamilton investigation which led to the firing of Head Football Coach Art Briles, the reassignment of President Ken Starr, and the probation of Athletic Director Ian McCaw who was also sanctioned.

Elliott’s case was brought back into the spotlight Friday when documents produced by Briles in response to a subpoena in a Jane Doe sexual assault lawsuit against the university, said that “multiple Baylor administrators knew about a serial sexual assault assailant” in the Fall of 2011, but failed to act.

Briles only had access to the documents after being named as a defendant in separate case from which he was later dropped.

The plaintiffs lawyers are arguing Baylor should have provided them with the same documents sooner, accusing the university of concealing pertinent material.

Briles “indefinitely suspended” Elliott from the football program on April 26, 2012, (a decision made public the next day in a press release which cited “unspecified team violations”) following a meeting the day before to discuss the sexual assault, a meeting sources with direct knowledge of the situation say included former Baylor General Counsel Charlie Bechenhauer, who has since died, Baylor and Waco police investigators, Judicial Affairs investigators, and Executive Vice President Reagan Ramsower.

When Waco investigators said they were preparing to arrest Elliott and during the course of the discussion, then-Baylor Police Chief Jim Doak acknowledged that he knew about multiple assaults in which Elliott was accused, but didn’t notify anyone in the athletics department, sources say.

Although the athletics department was apparently advised in November, 2011 of an incident with Elliott involving “unwanted contact,” Briles was never given a police report, sources say.

On April 30, 2012 Elliott was arrested by Waco police, however, he wasn’t expelled from Baylor University until May 21, according to the official notice of expulsion obtained by KWTX.

“Effective today Monday, May 21, 2012, you are immediately expelled from Baylor University,” the notice reads.

It goes on to explain, the reason is based upon a report by the BUPD charging him with misconduct saying “on or about April 15, 2012, you committed two acts of sexual assault against another student.”

In 2012, the last day of Spring semester classes was April 27, a university spokesperson pointed out.

However, that doesn’t include two weeks of finals, during which Elliott would have been on campus around other students, and some would argue, more potential victims.

Elliott was notified of his expulsion via email and given a three-day window to appeal the school’s decision.

However, Baylor officials declined to say if Elliott fought the expulsion, citing FERPA rules.

"Baylor University is not able to address the specifics in this matter as they relate to confidential student records protected by the Federal Educational Rights and Privacy Act,” a spokesman said in a statement. “However, on May 26, 2016, the Baylor Board of Regents disclosed fundamental campus-wide failures as part of the Findings of Fact, which ultimately led to new University and Athletics leadership and the adoption of 105 recommendations to enhance the safety and security of our campus community."

The spokesman declined to answer whether or not the Findings of Fact resulted in new leadership in Judicial Affairs, however, according to KWTX sources and research, there were no personnel changes in the department which is still overseen by Kevin Jackson, the Vice President for Student Life.

According to documents obtained by KWTX, the day after Elliott’s expulsion, his summer faculty members to-be were notified in an email from David Murdock with Judicial Affairs.

“I am writing to inform you that Tevin Sherard Elliott has been expelled from Baylor University by the Judicial Affairs office,” writes Murdock. “For the moment, Tevin is still currently enrolled in Summer I and Summer II classes; however, he should not be attending any of his classes this summer, nor should he be on the Baylor campus or Baylor property without authorization from the Judicial Affairs office.”

After Elliott was charged with sexual assault on April 30, 2012 he posted a $10,000 bond and later transferred to Central Arkansas.

According to court documents, senior BU administrators knew of at least one other accusation of sexual assault against Elliot in the Fall of 2011, six months prior to his arrest, however, the defensive lineman from Mount Pleasant went on to play every single regular season game that year, which ended up being one of Baylor football’s most successful seasons ever, before committing the rape for which he was convicted.