BAYLOR UNIVERSITY BOARD OF REGENTS
FINDINGS OF FACT
Summary
In August 2015, Baylor University engaged Pepper Hamilton to conduct an
independent and external review of Baylor University’s institutional response to Title IX and
related compliance issues through the lens of specific cases. Following an intensive
investigation, Pepper provided the Board of Regents with a detailed and comprehensive
presentation of its findings and recommendations. Pepper’s findings of fact, as set forth in
greater detail in this statement, reflect a fundamental failure by Baylor to implement Title IX of
the Education Amendments of 1972 (Title IX) and the Violence Against Women Reauthorization
Act of 2013 (VAWA). Pepper found that Baylor’s efforts to implement Title IX were slow, ad
hoc, and hindered by a lack of institutional support and engagement by senior leadership. Based
on a high-level audit of all reports of sexual harassment or violence for three academic years
from 2012-2013 through 2014-2015, Pepper found that the University’s student conduct
processes were wholly inadequate to consistently provide a prompt and equitable response under
Title IX, that Baylor failed to consistently support complainants through the provision of interim
measures, and that in some cases, the University failed to take action to identify and eliminate a
potential hostile environment, prevent its recurrence, or address its effects for individual
complainants or the broader campus community. Pepper also found examples of actions by

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 University administrators that directly discouraged complainants from reporting or participating
in student conduct processes, or that contributed to or accommodated a hostile environment. In
one instance, those actions constituted retaliation against a complainant for reporting sexual
assault. In addition to broader University failings, Pepper found specific failings within both the
football program and Athletics Department leadership, including a failure to identify and respond
to a pattern of sexual violence by a football player, to take action in response to reports of a
sexual assault by multiple football players, and to take action in response to a report of dating
violence. Pepper’s findings also reflect significant concerns about the tone and culture within
Baylor’s football program as it relates to accountability for all forms of athlete misconduct.
Overview of Engagement
In August 2015, Baylor University engaged Pepper Hamilton LLP (Pepper) to
conduct an independent and external review of Baylor University’s institutional response to Title
IX and related compliance issues through the lens of specific cases. A Special Committee of the
Board of Regents, on behalf of the University, accepted the President and Chancellor’s
recommendation to engage Pepper in order to ensure objectivity, and Pepper was provided with
unfettered access to personnel and data. Pepper’s review was detailed, thorough and rigorous.
While keeping within the scope of the engagement, Pepper engaged in an open exploration of the
issues with no limitation by the University. Pepper conducted document-based interviews to
ensure accuracy, integrity and efficiency, and Pepper’s findings and recommendations are based
on the law, related authority, facts and reasonable inferences from the facts.
Pepper reviewed emails, mobile device data, and documents from current and
former Baylor employees. Pepper’s review of documents included current and prior policies and
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 procedures, Judicial Affairs and Title IX files related to specific reports and investigations,
relevant trial transcripts, personnel files, student records, training and educational materials, prior
internal and external audits, Title IX Task Force materials, and other relevant and available
information. In addition to an exhaustive review of data, Pepper interviewed more than 65
individuals, including current employees, former employees, current students, and former
students. The current and former students included individuals who identified as
victims/survivors of sexual assault or dating violence. Pepper interviewed witnesses across
multiple departments, including the President’s Office, Executive Council, Student Life, Judicial
Affairs (now called Student Conduct Administration), the Office of General Counsel, the
Athletics Department, the football program, Athletics Compliance, Risk Management, Human
Resources, the Counseling Center, Health Services, Baylor University Police Department, the
Title IX Office, Faculty Athletic Representatives, the Admissions Office and outside counsel.
Many individuals were interviewed more than once to allow for a full and fair opportunity to
reconcile and synthesize information in the context of documents and available information from
other interviews.
Over the course of the engagement, Pepper provided the Special Committee with
detailed and specific information and regular updates. Earlier this month, Pepper provided the
full Board of Regents with a detailed and comprehensive presentation outlining Pepper’s
findings of fact and recommendations. This statement contains the salient findings, which are
being shared publicly to reflect transparency and accountability. The findings discussed below
occurred in one or more of the cases reviewed. This statement also contains Pepper’s
recommendations, which have been adopted by the Board.

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 Failure to Prioritize, Recognize, Implement and Resource Title IX
Baylor failed to effectively implement Title IX in the wake of the U.S.
Department of Education’s Office for Civil Rights (OCR) April 4, 2011 “Dear Colleague
Letter,” the passage of the Violence Against Women Reauthorization Act of 2013 (VAWA), and
related authority and guidance. While individual administrators identified emerging and
evolving Title IX and VAWA requirements, the University as a whole failed to prioritize Title
IX implementation. Implementation efforts were slow, ad hoc, diffuse, and uncoordinated.
Senior leadership failed to recognize the significance of the national context, including evolving
guidance from OCR and high profile examples of institutional failures at peer institutions. As a
result, Baylor lacked the sufficient infrastructure and an informed policy. The administration
instead relied upon existing personnel until November 2014, and existing processes (the Student
Code of Conduct and Civil Rights Policy) until August 2015, when Baylor’s Sex Discrimination,
Sexual Violence, and Sexual Harassment Policy was adopted. The administrators tasked with
implementing Title IX prior to November of 2014 had a limited understanding of the dynamics
of sexual violence and existing barriers to reporting on Baylor’s campus, including the impact of
other campus policies regarding the prohibition of alcohol and extra-marital sexual intercourse.
The insufficient dedication of resources and support to the University’s Title IX function led to
limited visibility of Title IX on campus.
Baylor’s institutional response failed to integrate Title IX and VAWA
requirements. Prior to the 2014-2015 academic year, Baylor failed to provide training and
education to students; failed to identify and train responsible employees under Title IX; failed to
provide clear information about reporting options and resources on campus; failed to have a
centralized process for ensuring that all reports reached the Title IX Coordinator; failed to
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 impose appropriate interim measures in many cases; failed to appropriately evaluate and balance
institutional safety and Title IX obligations against a complainant’s request for anonymity or that
no action/investigation be pursued against; failed to conduct prompt, equitable, adequate, and
reliable investigations; failed to give complainants access to full range of procedural options
under the policy; and failed to take sufficient action to identify, eliminate, prevent and address a
potential hostile environment in individual cases. Institutional failures at every level of Baylor’s
administration directly impacted the response to individual cases and the Baylor community as a
whole.
Many Factors Impeded Effective Implementation of Title IX
Baylor’s senior leadership lacked consistent or meaningful engagement in the
University’s Title IX functions. The composition and functioning of the Executive Council did
not provide effective leadership for integration of Title IX compliance responsibilities across all
University functions. The University lacked a proactive compliance function that would have
identified the nature of the risks attendant to sexual and gender-based harassment and violence
and interpersonal violence, the likelihood of occurrence, and the adequacy of existing controls to
ensure an informed and effective institutional response. In addition to their many other
responsibilities, administrators assumed elements of the Title IX function on an ad hoc basis,
which impeded timely implementation of rapidly evolving Title IX and VAWA mandates. The
University did not maintain systems or protocols to coordinate information or keep centralized
records necessary to fulfill compliance mandates, and the University did not carefully review
roles and responsibilities of Title IX implementers to assure that there was no actual or perceived
conflict within the assigned multiple roles held by many Title IX administrators.

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 The University did not provide sufficient institutional support for Title IX
functions. Prior to November 2014, the Title IX Coordinator position was assigned to senior
administrators, each of whom already had a full profile of professional responsibilities. The
administrators in those roles lacked the necessary training, experience and frame of reference to
meaningfully implement Title IX responsibilities. They also lacked the necessary time,
resources or infrastructure to meaningfully implement Title IX responsibilities. Moreover, when
the University hired a full-time Title IX Coordinator in November 2014, the University
underestimated the level of infrastructure and resources that would be necessary for successful
implementation. The Title IX Coordinator did not have sufficient institutional support from
senior leadership, or experienced and trained supervision, necessary to promote timely and
effective implementation. Despite the hiring of two full-time investigators, Baylor’s Title IX
Coordinator did not have sufficient or qualified support within the Title IX Office. Because of
the overwhelming need for education and training, the Title IX Coordinator and staff did not
have sufficient time or resources to focus on building the infrastructure of the office, drafting
internal operating procedures and template communications, or managing the influx of new
reports. In addition, as of the spring of 2015, there were no clear protocols for documentation or
consistency in practice across implementers.
Inadequate Institutional Response to Sexual Violence under Title IX/VAWA
A high-level audit was conducted of all known reports of sexual harassment and
sexual assault reported through Baylor’s student conduct processes for three academic years:
2012-2013, 2013-2014, and 2014-2015. The overwhelming majority of cases did not move
forward to an adjudicative hearing, with only an extremely limited number of cases resulting in a
finding of responsibility or significant sanction. Many complainants did not move forward with
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 the University’s Title IX process, and the University failed to appropriately weigh a request not
to move forward against the University’s Title IX obligation to investigate or otherwise
determine what occurred. The University failed to conduct sufficient inquiry into individual
barriers to participation, which in some instances were directly related to barriers created by
conversations with University personnel that discouraged, rather than encouraged, participation
in the University’s Title IX processes. Even in those cases where a complainant did choose to
move forward, Baylor did not pursue hearings in the majority of reports, sometimes because of
an erroneous determination that Baylor did not have jurisdiction in off campus matters or
because the investigator in Judicial Affairs improperly determined that there was not a
preponderance of the evidence based on an inadequate or uninformed investigation. As a
consequence, in some cases, the University failed to take action to identify and, as needed,
eliminate a potential hostile environment, prevent its recurrence, or address any effects on the
individual complainant or broader campus community.
With respect to sexual assault investigations conducted by Judicial Affairs, staff
members in Judicial Affairs applied a very “by the book” student conduct approach that treated
all respondents equally, regardless of their status as a student-athlete. However, this rigid
approach was not trauma-informed and was overly reliant on the perceived consistency or
inconsistency of complainant’s statements to the exclusion of other relevant considerations. The
investigations reviewed were wholly inadequate to fairly and reliably evaluate whether sexual
violence had occurred. While individual administrators sought professional training
opportunities, they were not adequately trained in the dynamics of sexual and gender-based
harassment and violence, dating violence, domestic violence, stalking, the neurobiological
impacts of trauma, the evaluation of credibility, consent and the role of alcohol as it relates to
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 consent and alcohol-facilitated sexual assault. In addition, the investigations were conducted in
the context of a broader culture and belief by many administrators that sexual violence “doesn’t
happen here.” Administrators engaged in conduct that could be perceived as victim-blaming,
focusing on the complainant’s choices and actions, rather than robustly investigating the
allegations, including the actions of the respondent. In many instances, student conduct
investigators conducted cursory investigations and failed to identify and interview readily
apparent witnesses or gather relevant evidence. Student conduct investigators also applied the
preponderance of the evidence standard of proof in an inconsistent manner, and in many
instances, required a far greater level of proof than preponderance.
Prior to the 2014-2015 academic year, Baylor failed to conduct adequate training
and education for its students and employees, and Baylor had not created an atmosphere that
fostered reporting and participation in the Title IX process. Baylor’s students lacked awareness
of the range of conduct prohibited under Title IX and of University policies, resources or
reporting options. A lack of clearly identified reporting mechanisms, combined with insufficient
training and attention to sexual and gender-based harassment and violence and other forms of
interpersonal violence, may have led to significant underreporting by students and missed
opportunities by administrators to respond appropriately to reports. The University’s approach
to issues related to alcohol or other drug use by students created barriers to reporting. In
addition, prior to August 2015, the University did not have a written amnesty policy for alcohol
or other drug violations when reporting misconduct. Perceived judgmental responses by
administrators based on a complainant’s alcohol or other drug use or prior consensual sexual
activity also discouraged reporting or continued participation in the process.

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 Prior to the creation of the Title IX office in November 2014, once reports were
received, Baylor failed to consistently identify or impose appropriate interim protective
measures. In many instances, Baylor’s responses to the needs of individual complainants were
uncoordinated and ad hoc, and complainants received inconsistent and inadequate support. In
some instances, the burden was placed on complainants to identify and obtain appropriate
interim measures. Administrators failed to exercise appropriate oversight of interim measures,
think holistically about the needs of complainants, follow through and follow up with
complainants, provide complainants with continued access to educational opportunities, and take
sufficient steps to retain complainants as University students.
Baylor did not have a system or protocol for either the consistent coordination of
information between and among implementers, or for consistent, centralized sharing of
information and documentation that would have allowed the University to track, identify,
investigate or address a pattern of sexual violence at the earliest opportunity. Once aware of a
potential pattern of sexual violence, the University failed to take prompt and effective action to
protect campus safety and protect future victims from harm. Further, Baylor failed to consider
patterns, trends or climate-related concerns that would enable the University to take prompt and
responsive action to individual and community concerns. Baylor failed to identify, eliminate,
prevent or address a potential hostile environment in individual cases, and took insufficient steps
with respect to both individual complainants and broader community remedies.
In some instances, administrative responses and campus processes caused
significant harm to complainants. Actions by an University administrator within BUPD and an
administrator within an academic program contributed to, and in some instances, accommodated
or created a hostile environment, rather than taking action to eliminate a hostile environment.
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 Barriers to Implementation of Title IX within Baylor’s Football Program
Baylor failed to maintain effective oversight and supervision of the Athletics
Department as it related to the effective implementation of Title IX. Leadership challenges and
communications issues hindered enforcement of rules and policies, and created a cultural
perception that football was above the rules. In addition to the issues related to student
misconduct, the University and Athletics Department failed to take effective action in response
to allegations involving misconduct by football staff. Further, despite the fact that other
departments repeatedly raised concerns that the Athletics Department’s response to student or
employee misconduct was inadequate, Baylor administrators took insufficient steps to address
the concerns.
Baylor failed to take appropriate action to respond to reports of sexual assault and
dating violence reportedly committed by football players. The choices made by football staff
and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the
University. In certain instances, including reports of a sexual assault by multiple football
players, athletics and football personnel affirmatively chose not to report sexual violence and
dating violence to an appropriate administrator outside of athletics. In those instances, football
coaches or staff met directly with a complainant and/or a parent of a complainant and did not
report the misconduct. As a result, no action was taken to support complainants, fairly and
impartially evaluate the conduct under Title IX, address identified cultural concerns within the
football program, or protect campus safety once aware of a potential pattern of sexual violence
by multiple football players.

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 In addition, some football coaches and staff took improper steps in response to
disclosures of sexual assault or dating violence that precluded the University from fulfilling its
legal obligations. Football staff conducted their own untrained internal inquiries, outside of
policy, which improperly discredited complainants and denied them the right to a fair, impartial
and informed investigation, interim measures or processes promised under University policy. In
some cases, internal steps gave the illusion of responsiveness to complainants but failed to
provide a meaningful institutional response under Title IX. Further, because reports were not
shared outside of athletics, the University missed critical opportunities to impose appropriate
disciplinary action that would have removed offenders from campus and possibly precluded
future acts of sexual violence against Baylor students. In some instances, the football program
dismissed players for unspecified team violations and assisted them in transferring to other
schools. As a result, some football coaches and staff abdicated responsibilities under Title IX
and Clery; to student welfare; to the health and safety of complainants; and to Baylor’s
institutional values.
In addition to the failures related to sexual assault and dating violence, individuals
within the football program actively sought to maintain internal control over discipline for other
forms of misconduct. Athletics personnel failed to recognize the conflict of interest in roles and
risk to campus safety by insulating athletes from student conduct processes. Football coaches
and staff took affirmative steps to maintain internal control over discipline of players and to
actively divert cases from the student conduct or criminal processes. In some cases, football
coaches and staff had inappropriate involvement in disciplinary and criminal matters or engaged
in improper conduct that reinforced an overall perception that football was above the rules, and
that there was no culture of accountability for misconduct.
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 The football program also operates an internal system of discipline, separate from
University processes, which is fundamentally inconsistent with the mindset required for effective
Title IX implementation, and has resulted in a lack of parity vis-à-vis the broader student
population. This informal system of discipline involves multiple coaches and administrators,
relies heavily upon individual judgment in lieu of clear standards for discipline, and has resulted
in conduct being ignored or players being dismissed from the team based on an informal and
subjective process. The ad hoc internal system of discipline lacks protocols for consistency with
University policy and is wholly undocumented. The football program’s separate system of
internal discipline reinforces the perception that rules applicable to other students are not
applicable to football players, improperly insulates football players from appropriate disciplinary
consequences, and puts students, the program, and the institution at risk of future misconduct. It
is also inconsistent with institutional reporting obligations.
The football program failed to identify and maintain controls over known risks,
and unreasonably accepted known risks. Leadership in football and the athletics department did
not set the tone, establish a policy or practice for reporting and documenting significant
misconduct. The lack of reporting expectations resulted in a lack of accountability for player
misconduct and employee misconduct. Further, no attempt was made to understand the root
causes of behavior or steps necessary to prevent its recurrence. In addition, in one instance, in
response to concerns about misconduct by football players that could contribute to a hostile
environment, an academic program that required interaction with the football program
improperly restricted educational opportunities for students, rather than take steps to eliminate a
potential hostile environment.

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 Failure to Implement or Follow Consistent Transfer Protocols
Baylor did not consistently conduct due diligence with respect to potential
transfers. In at least one identified instance, the process reflected a failure to conduct appropriate
due diligence and assessment of risk regarding past criminal or student conduct and an
affirmative decision not to seek additional information about an athlete’s prior criminal or
student conduct records. Baylor did not adhere to a consistent protocol regarding transfers and
importantly, Baylor did not consistently follow previously implemented processes regarding
criminal background checks, request for records of any prior college disciplinary actions, and
character reference screening forms.
Conclusion
The University has taken and will take additional steps to address the deficiencies
noted in the findings of fact. The Board has already adopted Pepper’s recommendations, which
are set forth in a separate document.

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 BAYLOR UNIVERSITY
REPORT OF EXTERNAL AND INDEPENDENT REVIEW
RECOMMENDATIONS
I.

Broad Recommendations

I.1.

Establish Title IX obligations as an institutional priority.

I.2.

Take swift and certain action consistent with these recommendations.

I.3.

Offer institutional and personal apologies and appropriate remedies.

I.4.

Consider necessary personnel action for accountability and effective implementation of
Title IX.

I.5.

Engage in measures that will instill a consistent institutional understanding of Title IX
obligations.

I.6.

Take measures to ensure that the level of engagement by board members supports
effective oversight of Title IX.

I.7.

Structure senior leadership to ensure appropriate and informed administrative oversight
and effective implementation of Title IX and related compliance requirements.

I.8.

Commit sufficient infrastructure and resources for effective Title IX implementation.

I.9.

Create a culture within the football program that ensures that the reporting, investigation,
and disciplinary actions involving student-athletes and athletics department staff are
managed in the same manner as all other students and staff on campus, and that studentathletes are held accountable to the same standards as all Baylor students.

I.10.

Identify leadership for the Athletics Department and football program to set a strong and
consistent tone regarding Title IX and conduct issues and set expectations for required
actions in response to all forms of student misconduct, harassment and discrimination.

I.11.

Make appropriate external reports to enforcement authorities.

I.12.

Consider the importance of forthright communication to the effective implementation of
Title IX.

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 II.

Restorative Remedies

II.1.

Develop protocols to address the restorative and ongoing needs of victims of reported
sexual assault between 2011 and 2015.

II.2.

Contact known victims in the specific cases identified in this review to determine if there
are appropriate remedies consistent with the goals of Title IX.

II.3.

Conduct review of past cases from 2011 to 2015 to consider pattern, trends, climate.

II.4.

Identify victims who are still at Baylor who made reports that did not move forward to
determine if the following exist:
•
•
•
•

any current conduct of concern
any current need for support
any appropriate restorative actions
any need for additional investigative steps

II.5.

Identify victims who made reports, but later withdrew from Baylor, to understand if the
withdrawal was connected to Title IX concerns.

III.

Governance, Leadership, and Compliance

III.1.

Resolve current governance issues at the Executive Council and board levels.

III.2.

Empower board committees to take active role in education, oversight, and enforcement
of governance issues and fiduciary responsibilities:
•
•
•

•

Provide Association of Governing Boards training for Board of Regents
Evaluate and make recommendations regarding board size and composition
Review considerations and standards for new board membership, including actual
or perceived conflicts of interest, and implement due diligence standards in the
selection of board members
Educate and train board members to remain within appropriate reporting protocols
and lines of communication when addressing members of the administration and
the Athletics Department (consistent with employment contracts)

III.3.

Expand representation of departments on the Executive Council in order to integrate Title
IX across university functions (e.g., human resources).

III.4.

Restructure reporting lines for the Title IX and Clery (VAWA) Coordinators to ensure
that each position has the power and authority necessary to implement responsibilities.

III.5.

Hire a full-time, dedicated, and qualified Chief Compliance Officer responsible for
identifying risk, the likelihood of occurrence, the effectiveness of existing controls, the
action needed to address gaps in compliance, and the consequences of failure to comply.

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 III.6.

Develop oversight system of checks and balances to recognize non-compliance and hold
administrators accountable for failures to comply.

III.7.

Properly resource general counsel’s office and the chief compliance officer to track key
legal developments in Title IX law and guidance, proactively identify risks associated
with Title IX and related compliance requirements, and provide appropriate legal advice.

III.8.

Train senior leadership to understand current federal law and guidance to support the
University’s Title IX function and set an informed tone at the top that reinforces Baylor’s
commitment to Title IX.

III.9.

Identify a special oversight committee of the board to work in conjunction with
leadership to ensure that these recommendations are properly resourced, completed in a
timely manner, and effectively implemented.

III.10. Provide detailed periodic reports to the Board regarding the implementation of these
recommendations.
III.11. Provide detailed continuing quarterly reports to the Board on Student Conduct issues,
Title IX compliance, and athletics compliance.
IV.

Title IX Infrastructure, Resources and Internal Protocols

IV.1. Properly resource (personnel and funding) Title IX office to implement policies,
procedures, and practices:
•
•
•
•
•
•

Add Deputy Title IX coordinators for intake, support, and case management
Add prevention and education coordinator
Evaluate current investigative functioning to ensure thorough, adequate, reliable
investigations
Assess the need for additional trained and experienced investigators (internal or
external)
Provide trained and effective administrative support
Identify personnel for all positions based on level of training and experience to
ensure effective implementation and removal of conflict in roles and reporting
structure

IV.2. Restructure the Title IX office to improve the implementation of policy, procedure and
practices:
•
•
•
•

Develop specific intake protocol
Use case management approach to track and monitor interim measures and
student success
Separate investigations from the provision of resources and support
Develop investigative templates and protocols for consistent documentation and
evaluation
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 •

Review internal operating protocols to assure compliance, consistency, and follow
up on all reports

IV.3. Develop structured protocols and systems for the coordination of information between
and among implementers, including internal case management and documentation that
tracks timelines, regular and ongoing internal and external communications, and
documents investigative steps, interim measures and steps taken to eliminate sexual
harassment or violence, prevent its recurrence and address its effects.
IV.4. Develop consistent protocols for application to critical decisions that identify decisionmaking authority, outline the applicable law and guidance, establish a template list of key
considerations, and maintain appropriate documentation of the factual foundation for
each decision.
IV.5. Review and standardize existing template communications for regular stages of the
process to assure consistency, the use of trauma-informed language, adherence to policy
requirements and compliance with federal law regarding required written
communications.
IV.6. Conduct an initial assessment in every case and ensure contemporaneous documentation
of steps taken and information considered. The initial review should proceed to the point
where a reasonable assessment of the safety of the individual and of the campus
community can be made, and the Title IX Coordinator and/or Title IX Management Team
has sufficient information to determine the best course of action, which may include an
investigation or steps to otherwise determine what occurred.
IV.7. As part of the initial assessment of a report, develop a standardized process for evaluating
a complainant’s request for anonymity, determining the appropriate course of action
when balancing individual autonomy with broader campus safety obligations, and
documenting the facts and circumstances that inform the University’s determination. This
process, which must be supportive of a complainant’s needs and iterative in nature, can
involve the Title IX Coordinator, the Title IX Management Team, or a separate entity
specially designated to assist or evaluate a request for anonymity. The Title IX
Coordinator should document the information gathered, the factors considered, the
determination reached, and any additional steps taken to eliminate, prevent, and address
the effects of the misconduct. Initial assessment protocols should vet whether a potential
pattern of sexual violence is present.
IV.8. Ensure that all forms of informal resolution are clearly documented to demonstrate the
actions that are taken to meet the University’s Title IX obligation to take action to
eliminate a hostile environment, prevent its recurrence and address its effects on the
complainant and the community.
IV.9. Maintain appropriate documentation and records of all reports and steps taken to
eliminate, prevent and address the effects of the prohibited conduct.

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 IV.10. Review and revise protocols to incorporate patterns, trends and climate assessment for
consistent broad remedy analysis and investigation of potential serial offenders.
IV.11. Evaluate appropriateness and availability of facilities to effectively implement Title IX
responsibilities.
IV.12. Explore the use of available technology for reporting, responding, and tracking cases.
V.

Title IX Policy

V.1.

Revise Title IX policy, procedure, and practices consistent with law, guidance, and most
effective models from around the country. Incorporate the following considerations:
•
•
•
•
•

The findings of this review
Lessons learned from implementation during the 2015-2016 year
Compliance-related required updates
Effective and promising practices/solutions
Baylor’s institutional values and mission

V.2.

Revise Baylor’s Title IX policy to include a clear amnesty provision for violation of the
Sexual Conduct Policy.

V.3.

Revise the Title IX policy appeals process.

V.4.

Revise the Title IX policy to ensure that both parties may be present for, or otherwise
participate in, the other party’s presentation to adjudicator.

V.5.

Revise policies, procedures, and practices to ensure consistent access to interim remedial
measures and consistent use, as appropriate, of interim protective measures.

V.6.

Review policy regarding informal resolution process.

V.7.

Commit to conducting an annual review and assessment of Title IX policies, procedures,
and practices to incorporate changes in the law and lessons learned from the current year
(through student and administrator input).

VI.

Centralized Reporting and Resolution of Reports

VI.1. Ensure that relevant policies, procedures, and protocols clearly outline all Title IX, Clery,
and any other reporting responsibility (e.g., mandatory child abuse reporting).
VI.2. Provide training and annual updates for clear implementation of reporting responsibilities
and centralized reporting expectations.
VI.3. Ensure accountability for all failures to report by University employees. Amend “for
cause” language in all prospective contracts to specifically include the failure to report

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 misconduct as required by policy or law. Make clear in existing policies that violation of
reporting obligations could be cause for discharge.
VI.4. Ensure that all reports of sexual or gender-based harassment or violence or other forms of
interpersonal violence are reported to the Title IX office.
VI.5. Ensure that all reports of sexual or gender-based harassment or violence or other forms of
interpersonal violence are evaluated under the Title IX policy.
VI.6. Develop a centralized system for all reporting and a database and protocols for consistent
record-keeping.
VII.

Resources and Support

VII.1. Expand resources and support functions to augment the steps taken by the Board of
Regents in February 2016.
VII.2. Review whether additional resources are needed within student life, Title IX, counseling,
or health service to provide an optimal level of care for victims. Add resources as soon
as practicable if there are remaining gaps.
VII.3. Confirm availability of after-hours crisis hotline.
VII.4. Ensure counseling resources currently provided to students adequately address their
needs.
VII.5. Ensure that what is communicated to students in need who present to the counseling
center is caring and helpful.
VII.6. Ensure there is adequate space for the counseling center.
VII.7. Ensure that information about the range of interim measures is widely disseminated and
accessible to all community members.
VII.8. Train all implementers to effectively communicate availability of resources, interim
measures, and all process options. Develop and provide a written resource guide and
process chart.
VII.9. Provide dedicated victim-advocacy services on campus through full-time confidential
advocate or contracted services with community agencies.
VIII. Training, Education, and Communication of Efforts
VIII.1. Designate one individual with oversight responsibility for coordination and review of all
University training and educational programming related to and required by Title IX,
Clery and VAWA.

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 VIII.2. Consider integrated multi-disciplinary programming to address issues of sexual and
gender-based harassment and violence, gender equity, tolerance, diversity, inclusion,
intersectionality, alcohol and substance abuse, consent, social media, bullying and
hazing, classism, racism, and other issues that impact campus culture and the
development and education of students.
VIII.3. Until further study demonstrates otherwise, continue to prioritize annual education and
training consistent with federal law and guidance for all community members and
implementers, including:
•

•

•
•

Students – undergraduate and graduate
• All student groups
• Fraternities and sororities
• Athletes
Administration and Staff
• All athletics personnel including coaches
• Baylor Police
• Faculty
• Student Affairs/Student Conduct
• Title IX Staff
• Counseling
• General Counsel
• Executive Leadership
Board
Alumni

VIII.4. Ensure that all implementers, investigators and adjudicators have trauma-informed
training.
VIII.5. Ensure that all training is informed by effective practices and experienced practitioners
and is consistent with Baylor University’s mission and values.
VIII.6. Communicate all efforts (training, education, policies, procedures, reporting options,
resources, and programs) through a user-friendly centralized website and other ongoing
and effective means.
IX.

Culture and Climate

IX.1. Conduct appropriate climate surveys or assessments to evaluate the effectiveness of
campus procedures, identify challenges in the current campus climate that affect the
educational or employment environment or create barriers to reporting, and test for
prevalence.
IX.2. Use the results of the climate survey to inform institutional priorities and educational
programming.

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 IX.3. Evaluate the role of alcohol or other drugs on campus and the efficacy of existing alcohol
or other drug policies.
IX.4. Design and conduct a campus campaign to provide a visible platform for candid
discussion about consent, alcohol or other drug use, common victim-blaming myths, and
barriers to reporting (including the University’s amnesty policy).
IX.5. Develop and implement a sustained campaign to keep institutional and community focus
on Baylor’s commitment to the prevention of sexual and gender-based harassment and
violence.
IX.6. Collaborate with the University’s Marketing and Communications personnel to develop
an intentional and strategic plan to implement the campaign, identify branding, design
visual content, and consider the effectiveness of forms of delivery, including web
content, written materials, posters, and other formats.
IX.7. Prioritize student engagement. Seek mechanisms to incorporate student input through
student leaders, open forums and individual engagement from current and former
students.
X.

Athletics Department

X.1.

Create and maintain culture of high moral standards, enforcement, and discipline.
Review, revise, and reinforce the expectation of a culture of high moral standards and
discipline from coaches and staff to players.

X.2.

Communicate findings to senior leadership and relevant athletic administrators regarding
response failures in Athletics Department

X.3.

Identify leadership to set a tone from the top regarding Title IX compliance, attention to
student welfare, and reporting obligations.

X.4.

Consider appropriate disciplinary response for employee misconduct or employee failure
to respond to several reported allegations of misconduct by football players.

X.5.

Charge the Board audit committee with ensuring and monitoring appropriate oversight of
Athletics Department and Athletic Director by the President or other senior
administration.

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 X.6.

Through an appropriate board committee, ensure that the President and the Athletics
Director have appropriate authority over department personnel.

X.7.

Consistent with employment coaches, train and educate coaches about the need to remain
with appropriate reporting protocols and lines of communication when addressing
members of Board of Regents.

X.8.

Ensure that all athletics personnel receive specific, extended, targeted, ongoing, and
annual training regarding Title IX obligations and responsibilities, including an
understanding of the risks attendant to Title IX issues.

X.9.

Educate athletics personnel about individual student safety risks as well as risks to the
program and the university community.

X.10. Build opportunities for athletics personnel to integrate and develop relationships with
non-athletics personnel.
X.11. Develop and implement a new drug testing policy. This policy should follow the
standard of informed practices among peer institutions.
X.12. Educate athletics personnel on reporting policies/protocols to ensure immediate sharing
of information with the Title IX coordinator and student conduct as required by policy.
X.13. Establish clear policies and protocols for all Athletic Department staff when students are
accused of misconduct in violation of University policy.
•
•

Clear documentation protocols for athlete misconduct
Clear reporting protocol
o To Head Coach and Athletic Director
o To Title IX Coordinator
o To Judicial Affairs

X.14. Establish clear disciplinary consequences for personnel who fail to follow reporting and
documentation protocols.
X.15. Expand athletics compliance function to capture and monitor athlete misconduct.
Consider independent athletics compliance oversight (i.e. Chief Compliance Officer)
with dual reporting lines to the President and an appropriate board committee.
X.16. Review and revise transfer policies and protocols to ensure due diligence is exercised in
the screening of transfer candidates. Consider Big 12 and national best practices when
implementing a protocol that will consider, at a minimum, criminal history, college
disciplinary history, and character references.
X.17. Establish policy and practice for consistent evaluation of any recruit with some level of
past legal or disciplinary conduct issue, including the review of the known information by

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 compliance professionals outside of the Athletics Department, and as appropriate,
external to the University.
X.18. Formalize team and departmental policies regarding team suspension or dismissal with
respect to arrest and or student conduct investigation.
X.19. Consider a software solution for reporting, documenting, and sharing of information.
X.20. Annually review all cases of athletes accused of misconduct to ensure that responses are
consistent with applicable policies and procedures for all Baylor student misconduct.
XI.

Baylor University Police Department

XI.1. Develop policies, procedures, and protocols to integrate federal, state, and local laws with
trauma-informed responses to all forms of sexual and gender-based harassment, violence,
interpersonal violence, and stalking.
XI.2. Identify informed training programs to support BUPD in the effective implementation of
Title IX, Clery, and all other federal, state and local laws.
XI.3. Annually review training, personnel, and policy needs.
XI.4. Develop systems to consistently coordinate information sharing with Title IX and Student
Conduct personnel. Consider use of available technology.
XII.

Community Partnerships

XII.1. Meet with local law enforcement and prosecuting authorities to review and update the
memorandum of understanding that outlines the coordination of responsibilities between
internal and external law enforcement agencies consistent with the proper implementation
of Title IX, Clery and VAWA.
XII.2. Revisit protocol for sharing of information between Waco Police Department and Baylor
University Police Department.
XII.3. Identify and develop partnerships with external advocacy organizations.
XII.4. Identify appropriate campus and community supports for respondents.
XII.5. Work with local governmental entities and area non-profits in an effort to develop a
Waco-area Sexual Assault Response Team (SART).
XIII. Clery
XIII.1. Update Clery analysis and assess reporting obligations based on Pepper Hamilton
findings.

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