Attorneys mum on terms of BU rape victim’s lawsuit settlement

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WACO, Texas (KWTX) Attorneys aren’t talking about the terms of the settlement of a Title IX lawsuit filed by a Baylor rape victim.

(Baylor University photo/file)

The suit, filed in March 2016 by Jasmin Hernandez against former football coach Art Briles, ex-athletic director Ian McCaw and university regents, was resolved in mediation on Saturday, Hernandez’s attorney, Irwin Zalkin of San Diego, confirmed Wednesday.

KWTX doesn’t ordinarily name sexual assault victims, but Hernandez has gone public to draw attention to the case.

As part of the resolution Briles and McCaw were dropped from the suit and Zalkin filed a federal court motion Tuesday seeking to dismiss the two from the action.

The settlement does involve a payment from the university, but Zalkin isn’t saying how much.

“I’ll let you guess,” he said Wednesday.

“I can’t tell you how much but of course.”

“She is extremely pleased with the result and she is looking forward to moving on with her life,” he said.

Briles’ attorney, Mark Lanier, says Briles “was glad to be dismissed from the suit.”

“I think this is a first step toward Coach Briles returning to football to coach again,” he said.

McCaw, who is now athletic director at Liberty University in Lynchburg, Va., was also pleased with the outcome, his attorney, Tom Brandt, said Wednesday.

In the suit Hernandez of Orange County, Calif., alleged that officials were "deliberately indifferent" to sexual assault allegations against ex-football player Tevin Elliott, who’s serving a prison sentence after he was found guilty of two counts of sexual assault

Hernandez, who was sexually assaulted by Elliott in April 2012, contends Baylor knew Elliott had a history of assaults and failed to protect her and others.

She was one of five women who reported to police that they were either raped or assaulted by Elliott in incidents from October 2009 to April 2012.

(Julie Hays contributed to this story)