Appendix in Support of Objections¶

Bass v. TTUHSC, No. 5:25-cv-00244-H-BV (N.D. Tex.) · 2026-07-28 · PDF

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION

KEVIN N. BASS, Plaintiff,
v.

Civil Action No. 5:25-cv-00244-H-BV

TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER, et al., Defendants.

APPENDIX IN SUPPORT OF PLAINTIFF'S OBJECTIONS TO THE
FINDINGS, CONCLUSIONS, AND RECOMMENDATION (DKT. 54)

TABLE OF CONTENTS
Exhibit B - Texas Tech Univ. System Outside Counsel Contract No.
2024-768-0010 (excerpt: Request to Retain p.1; contract cover;
execution page; Addendum A (complete)) ..... App. 002-005
Exhibit C - Texas Woman's Univ. Outside Counsel Contract No.
2026-731-0173 (excerpt: contract cover; Addendum A) ..... App. 006-007

App. 001

DocuSign Envelope ID: 82DC5AF4-AE90-479E-BCED-09EF67B36FCC

STATE OF TEXAS
REQUEST TO RETAIN

Page 1 of 3

Request
Request ID

Original Submitted Date

2024-768-0010

July 19, 2023

Start Date

End Date

September 1, 2023

August 31, 2025

Last Submitted Date

Response Date

July 19, 2023

July 29, 2023

Intellectual Property Exemption

Source of All Funds

No

Local Funds

Requesting Agency
Requester

Requester Email

Debbie Aguirre

debbie.aguirre@ttu.edu

Agency

Agency Code

Texas Tech University System

768

Agency Address

Invoices Address

Office of General Counsel
P.O. Box 42021
Lubbock, TX 79409

Designated Attorney Name

Designated Attorney Phone

Eric Bentley

806-834-0597

Designated Attorney Email
eric.bentley@ttu.edu
Authorized Agency Signatory Name

Authorized Agency Signatory Title

Eric Bentley

Vice Chancellor and General Counsel

Authorized Agency Signatory Email
eric.bentley@ttu.edu
Law Firm
Law Firm
Littler Mendelson, P.C.
Law Firm Address

Notices Address

100 Congress Avenue
Suite 1400
Austin, TX 78701

Law Firm Tax ID

Lead Attorney Name

94-2602731

Darren Gibson

Authorized Law Firm Signatory Name

Authorized Law Firm Signatory Title

Darren Gibson

Shareholder

Authorized Law Firm Signatory Email
dgibson@littler.com

App. 002

DocuSign Envelope ID: 41D6C2EB-04EB-4045-8110-1B3EAB73A29B
82DC5AF4-AE90-479E-BCED-09EF67B36FCC

OUTSIDE COUNSEL CONTRACT
OAG Contract No. 2024-768-0010
_____________

This Agreement, including all Addenda (incorporated herein by reference), is hereinafter referred
to as the “Outside Counsel Contract,” “Contract” or “OCC.” This Outside Counsel Contract is
made
and
entered
into
by
and
between
the
Texas Tech University System
____________________________________________________________________ (“Agency”)
and Littler Mendelson, P.C.
_________________________________________________________ (“Outside Counsel”).
The term “Parties” as used in this OCC refers to Agency and Outside Counsel and does not include
the Office of the Attorney General of Texas (“OAG”). This OCC is made and entered into with
reference to the following facts:
INDUCEMENTS
Whereas, Agency requires the assistance of outside legal counsel in carrying out its
responsibilities;
Whereas, Agency has received prior approval from the OAG to contract for outside legal services;
and
Whereas, Outside Counsel desires to provide legal services to Agency, subject to the authority of
the OAG.
AGREEMENT
Now, therefore, in consideration of the inducements, covenants, agreements, and conditions
herein contained, the Parties agree as follows:
Section 1.

Purpose/OAG Approval.

1.1
Purpose. Outside Counsel shall provide legal services to Agency, as described in
Addendum A. Outside Counsel and Agency understand and agree to the OAG’s continuing
authority and right to expand or limit the scope of legal services provided by Outside Counsel to
Agency.
1.2
OAG Approval. The Texas Attorney General’s, or his Designee’s, signature on this OCC
represents the OAG’s approval of Outside Counsel serving as legal counsel to Agency during the
term of, and for the purposes expressed in, this OCC. Consistent with Section 402.0212 of the
Texas Government Code, the OAG may withdraw, modify, or expand this approval at any time.
1.2.1 Litigation. Outside Counsel shall not represent Agency in any litigation unless
Addendum A specifically and unambiguously authorizes litigation in a particular matter. If
Addendum A does not specifically authorize Outside Counsel’s representation of Agency in a
particular litigation matter and Agency requires such representation, Agency must request and
receive OAG approval of a new Outside Counsel Contract for litigation, before filing or responding
to litigation matters. If Addendum A specifically authorizes litigation in a particular matter,
Outside Counsel has the duty to promptly notify Agency and the OAG of the desirability or
likelihood of an appeal.

App. 003

DocuSign Envelope ID: 41D6C2EB-04EB-4045-8110-1B3EAB73A29B
82DC5AF4-AE90-479E-BCED-09EF67B36FCC

IN WITNESS THEREOF, THE PARTIES HAVE SIGNED AND EXECUTED THIS OCC.
Littler Mendelson, P.C.

Texas Tech University System

_______________________________

Darren Gibson
Shareholder

Eric Bentley
Vice Chancellor and General Counsel

100 Congress Avenue
Suite 1400
Austin, TX 78701

Office of General Counsel
P.O. Box 42021
Lubbock, TX 79409

Tax ID# 94-2602731
Approved:
By the Office of the Attorney General of Texas

___________________________________
Texas Attorney General or Designee

Outside Counsel Contract
Page 14 of 21

App. 004

DocuSign Envelope ID: 41D6C2EB-04EB-4045-8110-1B3EAB73A29B
82DC5AF4-AE90-479E-BCED-09EF67B36FCC

OUTSIDE COUNSEL CONTRACT
OAG Contract No. 2024-768-0010
_____________

Addendum A
Scope of Services
OUTSIDE COUNSEL WILL ASSIST TEXAS TECH UNIVERSITY SYSTEM WITH POLICY AND PROCEDURAL
MATTERS RELATED TO SEXUAL MISCONDUCT, AND ITS IMPACT ON THE TTU
SYSTEM AND ITS COMPONENT INSTITUTIONS AND PROGRAMS, INCLUDING PROVIDING ADVICE ON
THE 2020 TITLE IX REGULATIONS AND POTENTIALLY SERVING AS A HEARING OFFICER IN LIVE
HEARINGS REQUIRED BY TITLE IX AND/OR THE UNIVERSITY. OUTSIDE COUNSEL WILL PROVIDE
LEGAL ADVICE AND CONSULTATION REGARDING EMPLOYMENT LAW, EMPLOYEE BENEFIT, AND
HIGHER EDUCATION MATTERS ON AN AS-NEEDED BASIS, PARTICULARLY WITH RESPECT TO
CONDUCTING INTERNAL INVESTIGATIONS OF SEXUAL HARASSMENT, DISCRIMINATION, AND SIMILAR
MATTERS WHERE A CONFLICT OF INTEREST OR VOLUME EXISTS; PROVIDING LEGAL ADVICE AND
COUNSEL ON EMPLOYMENT LAW AND HIGHER EDUCATION ISSUES; CONDUCTING EMPLOYMENT LAW
AND HIGHER EDUCATION TRAININGS; AND PERFORMING EMPLOYMENT LAW AND HIGHER
EDUCATION AUDITS/REVIEWS AND OVERSEEING IMPLEMENTATION OF LEGAL RECOMMENDATIONS.
SERVING AS A HEARING OFFICER FOR EMPLOYMENT AND ACADEMIC GRIEVANCE HEARINGS TO
COVER THE TITLE IX, NON-TITLE IX DISCRIMINATION, ADA/504, AND OTHER HEARING OFFICER WORK.

Outside Counsel Contract
Page 15 of 21

App. 005

Docusign Envelope ID: 0959BBC0-AFB8-4B50-84AE-E7393FC5D26F

OUTSIDE COUNSEL CONTRACT
OAG Contract No. 2026-731-0173
_____________
This agreement, including all Addenda (incorporated herein by reference), is hereinafter referred
to as the “Outside Counsel Contract,” “Contract,” or “OCC.” This Outside Counsel Contract is
made
and
entered
into
by
and
between
the
Texas Woman's University
____________________________________________________________________ (“Agency”)
and Michael Best & Friedrich LLP
_________________________________________________________ (“Outside Counsel”).
The term “Party” or “Parties” as used in this OCC refers to either Agency, Outside Counsel, or
both, and does not include the Office of the Attorney General of Texas (“OAG”). This OCC is
made and entered into with reference to the following facts:
INDUCEMENTS
Whereas, Agency requires the assistance of outside legal counsel in carrying out its
responsibilities;
Whereas, Agency has received prior approval from the OAG to contract for outside legal services;
and
Whereas, Outside Counsel desires to provide legal services to Agency, subject to the authority of
the OAG.
Now, therefore, in consideration of the inducements, covenants, agreements, and conditions
herein contained, the Parties agree and contract as follows:
Section 1.

Purpose/OAG Approval.

1.1
Purpose. Outside Counsel shall provide legal services to Agency, as described in
Addendum A. Outside Counsel and Agency understand and agree to the OAG’s continuing
authority and right to expand or limit the scope of legal services provided by Outside Counsel to
Agency.
1.2
OAG Approval. The Texas Attorney General’s, or his Designee’s, signature on this OCC
represents the OAG’s approval of Outside Counsel serving as legal counsel to Agency during the
term of, and for the purposes expressed in, this OCC. Consistent with Section 402.0212 of the
Texas Government Code, the OAG may withdraw, modify, limit, or expand this approval at any
time.
1.2.1 Litigation. Outside Counsel shall not represent Agency in any litigation unless
Addendum A specifically and unambiguously authorizes litigation in a particular matter. If
Addendum A does not specifically authorize Outside Counsel’s representation of Agency in a
particular litigation matter and Agency requires such representation, Agency must request and
receive OAG approval of a new Outside Counsel Contract (or, at the OAG’s sole discretion, an
amendment to this Contract) for litigation, before filing or responding to litigation matters. If
Addendum A specifically authorizes litigation in a particular matter, Outside Counsel has the duty
to promptly notify Agency and the OAG of the desirability or likelihood of an appeal. In addition,

App. 006

Docusign Envelope ID: 0959BBC0-AFB8-4B50-84AE-E7393FC5D26F

OUTSIDE COUNSEL CONTRACT
OAG Contract No. 2026-731-0173
______________

Addendum A
Scope of Services
Representing, advising, and providing guidance on all topics related to higher education
law, including but not limited to institutional governance, ethics/conflicts of interest, public
meetings and public information, student rights and responsibilities, Title IX and sexual
misconduct, Clery Act / VAWA compliance, faculty matters, policy development, data
privacy and security, Texas Education Code compliance, as well as other state and
federal regulatory and compliance matters. Serving as a hearing officer for employment
and academic grievance hearings to cover the Title IX, Non-Title IX discrimination,
student misconduct, faculty terminations, and other hearing officer work, as needed.

Outside Counsel Contract
Page 17 of 23

App. 007