A federal judge ruled Friday that Baylor must release underlying documents in its investigation into the school's handling of sexual violence. The case involves 10 women who attended Baylor and claim that school officials failed to properly respond to and investigate their reports of assault.
In his ruling U.S. District Court Judge Robert Pitman noted that communications between Baylor and Pepper Hamilton were subject to attorney-client privilege. However, Pitman also wrote that Baylor waived that privilege when it publicly released select details of the investigation, which it did in May 2016 when it issued a summary known as its "Findings of Fact," and in February 2017 in a regents' response to a defamation lawsuit that included specific text messages and details of interviews.
"Would it be fair to allow Baylor to protect remaining undisclosed details regarding the Pepper Hamilton investigation when it intentionally, publicly, and selectively released certain details of the investigation, including attorney-client communications?" Pitman wrote.
He also limited the required disclosure, allowing Baylor to withhold recordings of interviews conducted by Pepper Hamilton and interview notes.
The university is facing four other Title IX lawsuits, and disclosure of materials used in the Pepper Hamilton investigation is at issue in some of them.