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Horned Frog Athletics
Scott & Wes Frog Fan Forum
BAYLOR TITLE IX UPDATE
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<blockquote data-quote="Froglaw" data-source="post: 2846543" data-attributes="member: 4921"><p>Ha!</p><p></p><p>Punitive damages under Texas Law is difficult. You have to show Malice as defined under the Texas Civil Practices and Remedies Code Section 41.003.</p><p></p><p>Very high threshold that requires "specific intent to cause substantial harm or harm to the plaintiff".</p><p></p><p>There are also damage caps.</p><p></p><p>The plaintiff must prove the aggravated conduct by clear and convincing evidence. This is a higher burden of proof than "by a preponderance of the evidence" which is the threshold of proof (more likely than not) in most civil cases.</p><p></p><p>The statute is complex and rarely survives a Motion for a Partial Summary Judgment on the Exemplary Damage causes of action.</p><p></p><p>It almost always is challenged by the Defendant.</p><p></p><p>Generally, if a plaintiff can prove that the Defendant knew there was a danger and proceeded anyway, then it usually will survive to be determined by the trier of fact (usually a jury).</p><p></p><p>Even if a plaintiff makes it to a jury with her/his/its punitive damage claim intact, the defendant is entitled to a bifurcated trial on the issue and the plaintiff must receive a unanimous (all 12 persons in a Texas District Court) verdict.</p><p></p><p>Proving Baylor knew their football team was sexually assaulting co-eds and did nothing to stop it before it happened is probably a tough row to hoe.</p><p></p><p>On the other hand, the post-knowledge treatment of the women who made complaints to Baylor's Administration can recover economic and other compensatory damages is huge.</p><p></p><p>What is it worth to not be sexually assaulted by a fellow student and then have the Administration blame you the victim?</p><p></p><p>Answer in dollars and cents $_____________________</p></blockquote><p></p>
[QUOTE="Froglaw, post: 2846543, member: 4921"] Ha! Punitive damages under Texas Law is difficult. You have to show Malice as defined under the Texas Civil Practices and Remedies Code Section 41.003. Very high threshold that requires "specific intent to cause substantial harm or harm to the plaintiff". There are also damage caps. The plaintiff must prove the aggravated conduct by clear and convincing evidence. This is a higher burden of proof than "by a preponderance of the evidence" which is the threshold of proof (more likely than not) in most civil cases. The statute is complex and rarely survives a Motion for a Partial Summary Judgment on the Exemplary Damage causes of action. It almost always is challenged by the Defendant. Generally, if a plaintiff can prove that the Defendant knew there was a danger and proceeded anyway, then it usually will survive to be determined by the trier of fact (usually a jury). Even if a plaintiff makes it to a jury with her/his/its punitive damage claim intact, the defendant is entitled to a bifurcated trial on the issue and the plaintiff must receive a unanimous (all 12 persons in a Texas District Court) verdict. Proving Baylor knew their football team was sexually assaulting co-eds and did nothing to stop it before it happened is probably a tough row to hoe. On the other hand, the post-knowledge treatment of the women who made complaints to Baylor's Administration can recover economic and other compensatory damages is huge. What is it worth to not be sexually assaulted by a fellow student and then have the Administration blame you the victim? Answer in dollars and cents $_____________________ [/QUOTE]
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BAYLOR TITLE IX UPDATE
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