Hernandez, who has since left Baylor, alleges the university mishandled her case and those of three other women who reported they were sexually assaulted by football players. Her amended suit added a fourth woman, who alleges she was gang-raped by Baylor football players in 2011. It also adds findings of the nine-month investigation by the Pepper Hamilton law firm. The law firm outlined a “fundamental failure” by university officials at all levels to properly handle sexual assault allegations.

Starr was removed as president amid Baylor’s national sexual assault scandal and later resigned as chancellor after the investigation’s findings were announced. McCaw resigned after the school sanctioned him and placed him on probation.

Hernandez is the only woman identified by her real name in the lawsuit. The Tribune-Herald does not normally identify sexual assault victims, but Hernandez has given permission for her name to be used.

Baylor’s motions

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.