Briles Claims Baylor Wrongfully Terminated Him
CBSSports.com/By Robby Kalland
Baylor is not yet done with Art Briles, as the former coach is accusing the school of wrongful termination after he was let go on May 26, following an investigation into sexual assault allegations brought against football players.
In an emergency motion filed on Wednesday in Waco’s federal court, Briles accused Baylor of using him and the football program as “camouflage” for institutional failure to comply with Title IX regulations.
“The conclusion is inescapable that the motive of Baylor University and the Board of Regents was to use its Head Football Coach and the Baylor Athletic Department as a camouflage to disguise and distract from its own institutional failure to comply with Title IX and other federal civil rights laws. It is equally clear from the actions of Baylor University and the Board of Regents,” stated the motion.
The motion looks to block Baylor from using the same lawyers that are representing both the school and Briles in a civil rights lawsuit brought by one of the victims of sexual assault by a Baylor football player. The suit alleges that Briles, former athletic director Ian McCaw and Baylor’s football program were “deliberately indifferent” to the allegations brought against Tevin Elliott, a former football player found guilty of two counts of sexual assault.
The letter attached to the motion states that Briles will not accept any settlement in the civil rights case.
“Mr. Briles does not wish to settle the Hernandez civil rights litigation and does not consent to any settlement in that case or in any other case in which (he) is jointly named as a defendant.”
The motion also requests that the judge bar Baylor from using the same lawyers — those presently representing both the school and Briles in that lawsuit — from representing the school against Briles. The motion claims that in doing so, Baylor is in violation of the Texas State Bar.
“[Baylor’s lawyers] are legally, morally and ethically liable to Art Briles and responsible for damages under Texas statutory and common laws for breach of contract, fraud, libel and slander, misrepresentation, breach of fiduciary duty, negligence and intentional infliction of emotional distress, among others,” reads a letter from Ernest H. Cannon that was filed with the motion.
The motion also requests that Baylor turn over any information obtained from Briles as part of the civil rights case to ensure that nothing obtained by lawyers serving as his legal counsel can be introduced into the termination case against him. The motion further calls for Baylor to cease “all use of any information obtained through the representation of (Briles) against him in any termination proceedings, mediations or arbitrations.”
