Attorney general to decide whether Baylor should release records

HOUSTON – Before the sex assault scandal at Baylor University fully came to light, Channel 2 Investigates was digging into the scope of the problem. To do this, KPRC Channel 2 sent a Texas Public Information Act request for all sexual assault reports filed with Baylor’s police department since 2014.

We asked to see the records to try to understand how Baylor's police department handled reports of sexual assault.

Several women have come forward to claim Baylor failed to properly handle their claims. An Austin attorney representing Baylor informed KPRC the university would not release the records until the Texas Attorney General’s Office ruled on whether those reports were subject to open records laws.

“We still have a right to know and the victims have a right to know what is being said,” Sen. John Whitmire said. “Baylor has a responsibility to the public.”

One of the main arguments Baylor used was that many of the police reports we asked to see were also sent to the university’s Title IX office for "student conduct proceedings." Title IX offices are in place to ensure students' civil rights are protected.

“Therefore, the requested reports are education records subject to the Family Education Rights and Privacy Act, and the BUPD is prohibited from disclosing the document to the public,” a letter to KPRC read.

“Some creative lawyers know what they’re doing,” Whitmire said. “These are not student records, these are the police department’s records.”

KPRC Channel 2 requested the records after a piece of legislation authored by Whitmire was passed last year. Senate Bill 308 brought private university police departments under the auspices of the Texas Public Information Act. That law was the result of a Channel 2 Investigation into how the Rice University Police Department handled the arrest of a bike thief. Before the law was passed, private university police departments did not have to share information with the public about how crime reports are handled or how these agencies operate.

“It was a well-written piece of legislation, with good purpose, and now (Baylor is) circumventing it,” Whitmire said.

Whitmire said he plans to take another look at this law to see if something can be done to prevent this type of legal back-and-forth in the future.

“I'm going back to the drawing board because it certainly circumvents the intent of the statute,” Whitmire said.

A report from an outside law firm was sharply critical of how Baylor's administration handled reports of assault and sexual assault lodged against student athletes. As a result, Baylor fired its football coach. The university's president and athletic director both resigned.

The university released a summary of the law firm’s findings, but has not yet released the full details of the report.

“Parents want to know, students want to know,” Leticia Manzano, sexual assault services coordinator at the Houston Area Women’s Center, said.

Manzano couldn't speak specifically to Baylor, but said the issue of transparency in how sexual assault cases are handled is critical to letting victims know their complaints are being taken seriously.

“If they feel like they're not being heard, then they might as well not have told at all,” Manzano said. “They feel very alone, they feel like they're the only one that understands what they're going through, and it'll be harder for them to reach out for help.”


About the Author:

Award winning investigative journalist who joined KPRC 2 in July 2000. Husband and father of the Master of Disaster and Chaos Gremlin. “I don’t drink coffee to wake up, I wake up to drink coffee.”