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Baylor president short-circuits deposition effort

January 2021 employment law letter
Authors: 
Michael P. Maslanka, UNT-Dallas College of Law

Baylor University in Waco is embroiled in litigation involving allegations of sexual assault by members of its football team. Lawyers for a complaining student sought to take the university president’s testimony under oath but came up short. The case is a boon for all companies seeking to fend off litigants’ deposition attempts.

New president takes the helm

Dr. Linda A. Livingstone was appointed to be Baylor’s new president in June 2017 after members of the university’s football team had been accused of sexual assault. In seeking to show a new sheriff was in town, she sent an e-mail to the entire university:

As I express my excitement in returning to Baylor and eagerly anticipate our days ahead, I wish to commend . . . the entire Baylor community for their tremendous work over the past year to create a better Baylor as we emerge from the challenges and heartbreak surrounding incidents of sexual violence in our community. All have joined hands to renew our commitment to providing a safe and welcoming home on campus for our students and to redouble our efforts to advance Baylor’s distinctive Christian mission in higher education.

Shortly before the e-mail went out, Livingstone wrote an article for a Texas newspaper in which she stated:

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