ANSWER to 1 Complaint,,,, filed by Tanner Cearley.¶
Justice v. Texas Tech University, Regents of et al, No. 5:25-cv-00237-H (N.D. Tex.) · Dkt. 5 · 2025-12-04 · PDF
Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.
Case 5:25-cv-00237-H
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
§
§
§
§
v.
Civil Action No. 5:25-CV-000237-H
§
§
BOARD OF REGENTS OF TEXAS
§
TECH UNIVERSITY SYSTEM, for and
on behalf of TEXAS TECH UNIVERSITY §
IN LUBBOCK, AND TANNER CEARLEY, §
§
Defendants.
§
______________________________________________________________________________
HALEY JUSTICE,
Plaintiff,
DEFENDANT TANNER CEARLEY’S ORIGINAL ANSWER TO
PLAINTIFF’S ORIGINAL COMPLAINT
______________________________________________________________________________
COMES NOW, Defendant Tanner Cearley (“Defendant” or “Cearley”), and hereby files
this his Original Answer to Plaintiff’s Original Complaint, and in support thereof would
respectfully show unto the Court, as follows:
I.
ADMISSIONS AND DENIALS
1.
Defendant lacks knowledge or information sufficient to form a belief about the truth
of the allegations in Paragraph 1. Fed. R. Civ. P. 8(b)(5).
2.
Defendant admits the allegation in Paragraph 2.
3.
Defendant admits the allegation in Paragraph 3.
4.
Defendant admits that this Court has proper jurisdiction over all alleged claims
pertaining to federal questions under Title IX of the Education Amendments of 1972. Otherwise,
all allegations made in Paragraph 4 of Plaintiff’s complaint are denied.
5.
Defendant admits the allegations in Paragraph 5.
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Defendant admits that this Court has proper venue over all alleged claims pertaining
to federal questions under Title IX of the Education Amendments of 1972. Otherwise, all
allegations made in Paragraph 6 of Plaintiff’s Complaint are denied.
7.
Defendant lacks knowledge or information sufficient to form a belief about the truth
of the allegations in Paragraph 7. Fed. R. Civ. P. 8(b)(5). Defendant denies any implications that
Defendant’s actions are related to the allegation in paragraph 7.
8.
Defendant admits Plaintiff attended Texas Tech University in Lubbock (“Texas
Tech”) in the fall of 2023. Defendant lacks knowledge or information sufficient to form a belief
about the truth of all other allegations made in Paragraph 8. Fed. R. Civ. P. 8(b)(5).
9.
Defendant admits that he attended Texas Tech and was a first-year student.
Defendant admits that he participated in a Snapchat group for first-year students. Defendant admits
that he met Plaintiff in person on or about October 2023. Defendant admits that his dorm room
was on the sixth floor and that Plaintiff’s dorm room was on the seventh floor of the same dorm
building. Defendant admits that he invited Plaintiff to his dorm room. Defendant lacks knowledge
or information sufficient to form a belief about the truth that Plaintiff was doing homework, but
Defendant does admit that Plaintiff accepted the invitation and came to his dorm room after
midnight that evening. Fed. R. Civ. P. 8(b)(5). Defendant admits that he and Plaintiff had not had
a romantic or intimate relationship prior to Plaintiff’s acceptance of Defendant’s invitation to join
him in his dorm room.
10.
Defendant denies the allegations in Paragraph 10. Plaintiff voluntarily entered his
dorm room and proceeded to get onto his bed and get underneath the covers of the bed without
any prompting from Defendant. Defendant attempted to access Netflix in order to stream a movie
to watch with Plaintiff but was unsuccessful due to connection issues. Following this, Defendant
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and Plaintiff attempted to download the streaming application “Peacock.” While waiting for the
“Peacock” application to download , Plaintiff and Defendant engaged in consensual kissing.
Defendant placed his hand on the inside of Plaintiff’s leg and it remained on the inside of her leg
while they continued to kiss, near her vaginal area. Plaintiff reciprocated and voluntarily
participated in the kissing with Defendant, and she never told the Defendant to move his hand.
Because the Peacock streaming application would not download, Defendant got up from the bed
so that he could turn on his music speaker. Plaintiff voluntarily remained in Defendant’s bed during
this transition. When Defendant returned to his bed, he and the Plaintiff reengaged in consensual
kissing once again. He then moved his hands under Plaintiff’s clothes and Plaintiff appeared to
enjoy being touched by Defendant. At that time, Plaintiff assisted Defendant in the removal of her
shorts and underwear by lifting up her legs and buttocks. Defendant and Plaintiff then proceeded
to kiss again while Defendant used use his fingers to penetrate Plaintiff’s vagina. Plaintiff never
showed signs of discomfort during their interaction, nor did she tell him to stop kissing her or
touching her vagina. Defendant denies that Plaintiff begged him to stop and attempted to push him
off of her. Sometime thereafter, Defendant asked if Plaintiff would perform oral sex on him, which
she refused because she did not like “doing that.” Defendant understood and got up to use the
restroom. It was at this time that Defendant noticed blood on his hand and asked if Plaintiff was
okay. Both Plaintiff and Defendant then left the room to use their respective restrooms. Upon
Defendant’s return from the restroom, he found Plaintiff waiting at his dorm room door. Plaintiff
informed Defendant that she had left her cup and keys in his room. Defendant opened the door to
his dorm room for Plaintiff and Plaintiff voluntary entered the room and retrieved her cup and
keys, and then she proceeded to leave.
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Defendant denies the allegations in Paragraph 11. Defendant and Plaintiff both
went to use the bathroom after their consensual encounter. Defendant used the bathroom on the
sixth floor and Plaintiff told Defendant that she was going to use the bathroom on the seventh
floor. After using the bathroom, Plaintiff voluntarily returned to Defendant’s dorm room because
she had forgot her cup and keys, which she realized after using the bathroom on the seventh floor.
12.
Defendant denies the allegations in Paragraph 12 that Defendant raped the Plaintiff.
Defendant incorporates herein the response contained in Paragraph 10., above. Defendant lacks
knowledge or information sufficient to form a belief about the truth of all of the other the
allegations made in Paragraph 12 . Fed. R. Civ. P. 8(b)(5).
13.
Defendant denies the allegations in Paragraph 13 that he raped or sexually assaulted
Plaintiff. Defendant incorporates herein the response contained in Paragraph 10, above. Defendant
lacks knowledge or information at this time sufficient to form a belief about the truth of the other
allegations in Paragraph 13. Fed. R. Civ. P. 8(b)(5).
14.
Defendant denies the allegations in Paragraph 14 that he raped or sexually assaulted
Plaintiff. Defendant admits that Plaintiff formally made a report to the Texas Tech Police
Department. Defendant lacks knowledge or information sufficient to form a belief about the truth
of all of the other the allegations made in Paragraph 14. Fed. R. Civ. P. 8(b)(5).
15.
Defendant lacks knowledge or information sufficient to form a belief about the truth
of the allegations concerning evidence of any criminal investigation. Fed. R. Civ. P. 8(b)(5).
Defendant admits the allegation in Paragraph 15 that he was indicted on a felony charge of
aggravated assault on September 24, 2024. Defendant denies the allegation in Paragraph 15 that
he was arrested on September 25, 2024. Defendant denies that the criminal case is currently set for
trial.
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Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the allegations in Paragraph 16. Fed. R. Civ. P. 8(b)(5).
17.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the allegations in Paragraph 17. Fed. R. Civ. P. 8(b)(5).
18.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the allegations in Paragraph 18. Fed. R. Civ. P. 8(b)(5).
19.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the allegations in Paragraph 19 as to the assertions related to Texas Tech. Fed.
R. Civ. P. 8(b)(5). Defendant denies that any sanctions were warranted or imposed by Texas Tech.
20.
Defendant denies the allegation in Paragraph 20 that he raped Plaintiff. Defendant
lacks knowledge or information sufficient to form a belief about the truth of the other allegations
in Paragraph 20. Fed. R. Civ. P. 8(b)(5).
21.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the allegations in Paragraph 21. Fed. R. Civ. P. 8(b)(5).
22.
Defendant admits that the legal authority quote contained in Paragraph 22 is correct.
The full restatement of 34 C.F.R. § 106.44(K)(2)(2025) states the following: “A recipient must not
require or pressure the parties to participate in an informal resolution process. The recipient must
obtain the parties' voluntary consent to the informal resolution process and must not require waiver
of the right to an investigation and determination of a complaint as a condition of enrollment or
continuing enrollment, or employment or continuing employment, or exercise of any other right.”
23.
Defendant admits that Plaintiff executed a Consent and Acknowledgment of the
Informal Resolution Process in which she voluntarily participated in the informal resolution
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process. It was through this process in which Plaintiff voluntarily executed the Informal Resolution
on June 4, 2024.
24.
Defendant admits Plaintiff executed the Informal Resolution on June 4, 2024.
Defendant denies that he raped Plaintiff. Defendant incorporates herein the response contained in
Paragraph 10, above. Defendant denies that Plaintiff succumbed to pressure to sign the Informal
Resolution. Specifically, the Informal Resolution states the following: “[Plaintiff and Defendant]
actively and voluntarily participated in the development of [the Informal Resolution] and are
satisfied their concerns were properly addressed. Prior to signing, [Plaintiff and Defendant]
reviewed the [the Informal Resolution], as did their advisors, if applicable. Although not required,
the use of advisors by the [Plaintiff and Defendant] was highly recommended by the university.”
25.
Defendant admits that Plaintiff has correctly quoted 34 C.F.R. § 106.44(K)(2) and
26.
Defendant admits the allegations contained in Paragraph 26.
27.
Defendant denies that Andrea was not a neutral party in the resolution of Plaintiff’s
(4).
claims against Defendant. Defendant denies that Andrea made preliminary determinations about
credibility, and developed opinions about Plaintiff and Defendant. Defendant admits that Andrea
conducted a thorough investigation and drafted the Investigation Report.
28.
Defendant denies the allegations contained in Paragraph 28.
29.
Defendant denies the allegation in Paragraph 29 that Plaintiff was coerced into
engaging in the informal resolution process and signing the Informal Resolution Consent.
Defendant lacks knowledge or information at this time sufficient to form a belief about the truth
of the other allegations in Paragraph 29. Fed. R. Civ. P. 8(b)(5).
30.
Defendant denies the allegations contained in Paragraph 30.
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Defendant admits that no hearing panel was scheduled. Defendant denies all
allegations that the grievance procedure was unreasonably delayed. Defendant lacks knowledge or
information at this time sufficient to form a belief about the truth of the allegation that Plaintiff
was provided an unfinished draft of the Investigation Report on May 31, 2024. Fed. R. Civ. P.
8(b)(5).
32.
Defendant denies any allegation in Paragraph 32 that Plaintiff was coerced or
pressured into signing the Informal Resolution. Defendant lacks knowledge or information at this
time sufficient to form a belief about the truth of the other allegations in Paragraph 32. Fed. R.
Civ. P. 8(b)(5).
33.
Defendant denies the allegations contained in Paragraph 33.
34.
Defendant denies the allegation in paragraph 34 that the investigation was
“[dragged] out” to make Plaintiff feel compelled to agree to the Informal Resolution. Defendant
lacks knowledge or information at this time sufficient to form a belief about the truth of the other
allegations in Paragraph 34. Fed. R. Civ. P. 8(b)(5).
35.
Defendant admits the allegation in Paragraph 35 that Plaintiff filed her complaint
on November 6, 2023. Defendant admits that Andrea’s report states that Plaintiff’s initial meeting
with Andrea occurred November 8, 2023, approximately two-days after Plaintiff filed her
complaint. Defendant admits that Andrea’s report states that she interviewed Plaintiff by Andrea
on November 9, 2023. Defendant admits that he was interviewed by Andrea on November 29,
2023, and again on March 5, 2024. Defendant admits that Andrea’s report states that she
interviewed R.B.
on November 14, 2023. Defendant admits that Andrea’s report states that
she interviewed J.H.
states that she interviewed K.S.
on November 17, 2023. Defendant admits that Andrea’s report
K.S.
on November 29, 2023. Defendant admits that
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on January 17, 2023, but is under the belief
that this is a typo and that the interview occurred on January 17, 2024. Defendant denies the
allegation in Paragraph 35 that he raped Plaintiff. Defendant incorporates herein the response
contained in Paragraph 10, above.
36.
Defendant denies the allegation in Paragraph 36 that conducting eight interviews
shows a deliberate intent to delay and coerce because Title IX regulations establish that the
standard of proof to determine sex discrimination occurred is merely preponderance of evidence.
Specifically, Defendant believes that due to the nature of Plaintiff’s alleged that a complete and
thorough investigation must occur and any insinuation that a lower standard of proof deserves a
lower level of investigation as alleged in Paragraph 36 is vehemently opposed and denied.
37.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the other allegations in Paragraph 37 to the extent of the alleged evidence
gathered by Texas Tech. Fed. R. Civ. P. 8(b)(5). Defendant denies all remaining allegations in
Paragraph 37.
38.
Defendant admits the allegation in Paragraph 38 that Andrea’s report states that the
last interview took place on March 5, 2024. Defendant lacks knowledge or information at this time
sufficient to form a belief about the truth of the other allegations made in Paragraph 38. Fed. R.
Civ. P. 8(b)(5).
39.
Defendant denies the allegation in Paragraph 39 that Texas Tech’s efforts were to
have the Plaintiff execute an agreement that was acceptable to Defendant. As stated above, both
Plaintiff and Defendant voluntarily entered into the Informal Resolution that was executed on June
4, 2024. Defendant lacks knowledge or information at this time sufficient to form a belief about
the truth of the other allegations made in Paragraph 39. Fed. R. Civ. P. 8(b)(5).
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Defendant denies the allegation in Paragraph 40 that Plaintiff executed the Informal
Resolution at the insistence of Texas Tech SCRMS employees. Defendant admits that the Informal
Resolution contained an agreement for a No-Contact Order and that Defendant would receive some
training on Sexual Misconduct/Harassment, Defendant would make a $500.00 contribution to the
Voice of Hope, and Defendant would submit a 500-word essay on the importance of consent,
despite the fact that Defendant continually maintained that no inappropriate or non-consensual
action occurred with Plaintiff. Defendant incorporates the response contained in Paragraph 10,
above.
41.
Defendant denies all of the allegations made in Paragraph 41. Defendant
incorporates the response contained in Paragraph 10, above.
42.
Defendant denies the allegations made in Paragraph 42. Plaintiff insinuates a
perceived outcome and determination against Defendant that contradicts the Informal Resolution
willfully and voluntarily signed by Plaintiff. Specifically, the Informal Resolution states: “This
Agreement does not assign ‘blame’ or responsibility to either party. No party has been found to
have violated any university policy or any provision of the Texas Tech Code of Student Conduct.”
Plaintiff knowingly and willfully and voluntarily signed a document in which she agreed that
Defendant was not found to have violated university policy or any provision of the Texas Tech
Code of Student Conduct, which includes any alleged Title IX violation.
43.
Defendant denies the allegation in Paragraph 43 that he violated the Informal
Resolution Agreement. Defendant denies all other allegations in Paragraph 43.
44.
Defendant denies the allegations in Paragraph 44.
45.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the allegations made in Paragraph 45. Fed. R. Civ. P. 8(b)(5).
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46.
Defendant denies the allegations in Paragraph 46.
47.
Defendant denies that he raped Plaintiff. Defendant incorporates herein the
response contained in Paragraph 10, above. Defendant lacks knowledge or information at this time
sufficient to form a belief about the truth of all the other allegations made in Paragraph 47. Fed.
R. Civ. P. 8(b)(5).
48.
Defendant denies the allegation in Paragraph 48 that he continued his academic life
with no major interreferences as a result of the Title IX complaint filed by Plaintiff. Defendant
lacks knowledge or information at this time sufficient to form a belief about the truth of the other
allegations made in Paragraph 48. Fed. R. Civ. P. 8(b)(5).
49.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the allegations made in Paragraph 49. Fed. R. Civ. P. 8(b)(5).
50.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the allegations made in Paragraph 50. Fed. R. Civ. P. 8(b)(5).
51.
Defendant incorporates and each and every answer set forth in the foregoing
paragraphs as if fully set forth herein.
52.
Defendant denies the allegations made in Paragraph 52.
53.
Defendant admits the allegation in Paragraph 53 that he was a Texas Tech student.
Defendant denies the allegations in Paragraph 53 that he raped the Plaintiff and that he was
involved in a rape that occurred in the on-campus residence hall at Texas Tech. Defendant
incorporates herein the response contained in Paragraph 10, above.
54.
Defendant denies the allegations in Paragraph 54 that Defendant sexually assaulted
Plaintiff. Defendant incorporates herein the response contained in Paragraph 10, above. Defendant
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admits the allegation in Paragraph 54 that Plaintiff made a report to the Office of Student Civil
Rights and Sexual Misconduct. Defendant denies all other allegations made in Paragraph 54.
55.
Defendant denies the allegations in Paragraph 55 that Defendant sexually assaulted
Plaintiff. Defendant incorporates herein the response contained in Paragraph 10, above. Defendant
denies the allegation in Paragraph 55 that Plaintiff was pressured to execute the Informal
Resolution. Defendant lacks knowledge or information at this time sufficient to form a belief about
the truth of the other allegations made in Paragraph 55. Fed. R. Civ. P. 8(b)(5).
56.
Defendant admits the allegation in Paragraph 56 that Andrea Regalado was the
investigator in charge. Defendant denies any allegation in Paragraph 56 that the Informal
Resolution was not a prompt, fair and equitable solution. Defendant lacks knowledge or
information at this time sufficient to form a belief about the truth of the other allegations made in
Paragraph 56. Fed. R. Civ. P. 8(b)(5).
57.
Defendant denies the allegation in Paragraph 57 that Plaintiff was coerced into
signing the Informal Resolution. Defendant denies the allegation in Paragraph 57 that Texas Tech
had collected sufficient evidence for a finding of responsibility by a preponderance of the evidence.
Plaintiff executed the Informal Resolution in which she agreed that “No party has been found to
have violated any university policy or any provision of the Texas Tech University Code of Student
Conduct.”
58.
Defendant denies the allegation in Paragraph 58 that Plaintiff was coerced into
signing the Informal Resolution. Defendant denies the allegation in Paragraph 58 that he raped
Plaintiff. Defendant incorporates herein the response contained in Paragraph 10, above. Defendant
lacks knowledge or information at this time sufficient to form a belief about the truth of the other
allegations made in Paragraph 58. Fed. R. Civ. P. 8(b)(5).
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Defendant denies the allegation in Paragraph 59 that he raped Plaintiff. Defendant
lacks knowledge or information at this time sufficient to form a belief about the truth of the other
allegations made in Paragraph 59. Fed. R. Civ. P. 8(b)(5).
60.
Defendant lacks knowledge or information at this time sufficient to form a belief
about the truth of the other allegations made in Paragraph 60. Fed. R. Civ. P. 8(b)(5).
61.
Defendant denies the allegation in Paragraph 61 that he raped Plaintiff. Defendant
incorporates herein the response contained in Paragraph 10, above. Defendant lacks knowledge or
information at this time sufficient to form a belief about the truth of the other allegations made in
Paragraph 61. Fed. R. Civ. P. 8(b)(5).
62.
Defendant denies the allegation in Paragraph 62 that Teas Tech was indifferent to
Plaintiff. Defendant lacks knowledge or information at this time sufficient to form a belief about
the truth of the other allegations made in Paragraph 62. Fed. R. Civ. P. 8(b)(5).
63.
Defendant denies the allegations in Paragraph 63.
64.
Defendant denies the allegation in Paragraph 64 that there was a Title IX violation.
Defendant denies all other allegations in Paragraph 65.
65.
Defendant incorporates and each and every answer set forth in the foregoing
paragraphs as if fully set forth herein.
66.
Defendant denies the allegations as set forth in Paragraph 66. Defendant
incorporates herein the response contained in Paragraph 10, above.
67.
Defendant denies the allegations as set forth in Paragraph 67. Defendant
incorporates herein the response contained in Paragraph 10, above.
68.
Defendant denies the allegations as set forth in Paragraph 68. Defendant
incorporates herein the response contained in Paragraph 10, above.
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69.
Defendant denies the allegations as set forth in Paragraph 69.
70.
Defendant incorporates and each and every answer set forth in the foregoing
paragraphs as if fully set forth herein.
71.
Defendant denies the allegations as set forth in Paragraph 71. Defendant
incorporates herein the response contained in Paragraph 10, above.
72.
Defendant denies the allegations set forth in Paragraph 72.
73.
Defendant denies that Plaintiff is entitled to damages for attorneys’ fees.
II.
DEFENSES
A.
Consent
74.
Plaintiff is prevented from asserting any claim against Defendant, as outlined above
in more detail, because Plaintiff consented to the kissing and touching from Defendant. Defendant
incorporates herein the response contained in Paragraph 10, above.
PRAYER
WHEREFORE, PRESMISES CONSIDERED, Defendant respectfully requests this
Court enter judgment in favor of Defendant, and deny all of the relief requested by Plaintiff in her
Original Complaint, and for such other and further relief, at law or in equity, general or special, to
which Defendant may show himself to be justly entitled.
Respectfully submitted,
MCWHORTER, COBB AND JOHNSON, LLP
1722 Broadway (79401)
P. O. Box 2547
Lubbock, Texas 79408
Telephone: (806) 762-0214
Facsimile: (806) 762-8014
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R. Michael McCauley, Jr.
SBN: 00797030
mccauley@mcjllp.com
David C. Rice
SBN: 24131611
drice@mcjllp.com
By: /s/ R. Michael McCauley, Jr.
R. Michael McCauley, Jr.
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of this document has been served on all counsel
of record via the Court’s electronic filing system, and in accordance with the Federal Rules of
Civil Procedure, on this 4th day of December, 2025.
/s/ R. Michael McCauley, Jr.
R. Michael McCauley, Jr.
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