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REPLY filed by Board of Regents of Texas Tech University System re: 6 MOTION to Dismiss (Fennessey, Sheaffer)

Justice v. Texas Tech University, Regents of et al, No. 5:25-cv-00237-H (N.D. Tex.) · Dkt. 9 · 2026-02-27 · PDF

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

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

§
§
§
v.
§
§
§
BOARD OF REGENTS OF TEXAS
TECH UNIVERSITY SYSTEM, for and §
on behalf of TEXAS TECH UNIVERSITY §
§
IN LUBBOCK et al.
§
Defendants.

Civil Action No. 5:25-cv-00237-H

DEFENDANT TEXAS TECH UNIVERSITY’S REPLY IN SUPPORT OF ITS MOTION
TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6)

Defendant Texas Tech University (“TTU” or “Defendant”), by and through its
undersigned counsel, files this Reply in Support of its Motion to Dismiss Pursuant to Federal Rule
of Civil Procedure 12(b)(6) (Dkt. 6). In support thereof, Defendant would show the Court as
follows:
A. The Board of Regents has not been sued and is not a proper party.
Plaintiff’s Response confirms TTU’s assumption that Plaintiff believes she has properly
sued the Board of Regents, and that the Board of Regents is the correct defendant in this case. See
Dkt. 7. This is incorrect. First, Plaintiff never served the Board of Regents under Rule 4. See Fed.
R. Civ. P. 4. Second, the undersigned completed and returned a waiver of service on behalf of
“Texas Tech University.” See Dkt. 4. But even assuming the Board of Regents was properly
named and served, Plaintiff still cannot assert a claim against them. This is because Title IX
imposes liability only against an institution—not school officials, professors, or other
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individuals. Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246, 257 (2009); 20 U.S.C. § 1681(a)
(Title IX prohibits intentional sex discrimination “under any education program or activity
receiving [f]ederal financial assistance”). Thus, TTU, as an institution receiving federal financial
assistance, is the proper defendant in this case. Accordingly, even assuming service on the Board
of Regents was proper, Plaintiff cannot assert a Title IX claim against them.
B. Plaintiff fails to state a deliberate indifference claim against TTU.
Plaintiff unsuccessfully attempts to distinguish TTU’s cited cases within its Motion.
Specifically, Plaintiff alludes to a legal distinction between Title IX student-on-student harassment
and teacher-on-student harassment. Dkt. 7 p. 17. This is solely Plaintiff’s invention and not
supported by established precedent. To the extent the two types of situations are analyzed under
different standards, such differences are immaterial for purposes of determining whether a school’s
response was “clearly unreasonable in light of the known circumstances.” See Davis ex rel. LaShonda
D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 648 (1999). Additionally, the individualized analysis
set out in Davis also defeats Plaintiff’s attempts to distinguish this case by the “severity” of the
alleged sexual assault compared to other cases. 1 Dkt. 7 p. 17.
C. Defendant’s exhibits are central to Plaintiff’s claims and can therefore be considered
by the Court.
Plaintiff argues that the exhibits attached to TTU’s Motion cannot be considered by the

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Plaintiff disregards TTU’s cited case of Sanches v. Carrollton-Farmers Branch Independent School District
because the facts of that case were “less severe” than in this case. 647 F.3d 156 (5th Cir. 2011).
Notwithstanding the fact that the deliberate indifference analysis requires an individualized assessment of
the facts, Plaintiff neglects to mention TTU’s cited case of Doe v. Edgewood Indep. Sch. Dist., 964 F.3d 351,
363 (5th Cir. 2020). In Edgewood, the Fifth Circuit held that the defendant school district was not deliberately
indifferent under Title IX even despite the school’s teachers being criminally punished for their repeated
sexual assault against a student. Id. at 369 (“Jane Doe endured contemptible misconduct, and we do not
minimize the cruelty of what she suffered . . . [b]ut we are bound by on-point precedent, which imposes
exacting liability requirements.”).
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Court because they do not meet the criteria set out by the Fifth Circuit. See In re Katrina Canal
Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007) (explaining that documents attached to pleadings
may be considered when they are referenced in the plaintiff’s complaint and are central to the
plaintiff’s claims). Here, the Informal Resolution Notice (TTU’s Exhibit A) was referenced in her
Complaint at ¶ 23 (“On December 2, 2023, and relying on these representations, Haley signed a
Consent and Acknowledgement of the Informal Resolution Process (“IR Consent”) stating that
she voluntarily wished to participate in an informal resolution process.”). And one paragraph later,
the Complaint references the IR Agreement: “[o]n or around June 4, 2024, [Plaintiff] succumbed
to Texas Tech’s pressure and signed an Informal Resolution Agreement (“IR Agreement”)
closing the investigations by TTU of the rape Haley suffered and resolving the matter without any
disciplinary sanctions against [Respondent].” See Dkt. 1 ¶24. In addition to being explicitly
referenced in the Complaint, these documents are also central to Plaintiff’s claims as to whether
TTU was deliberately indifferent to her report of sexual assault. See Davis, 526 U.S. at 650
(explaining that the elements of a Title IX claim include: (1) actual knowledge of the assault by the
school, (2) that the abuser was under the control of the school, (3) that the assault was based on
the victim’s sex, (4) that the harassment was “so severe, pervasive, and objectively offensive that
it effectively bar[red] the victim’s access to an educational opportunity or benefit,” and (5) that
the school was deliberately indifferent to the harassment). The documents show that TTU
provided her with the terms of the informal resolution process (TTU’s Exhibit A) and that she
entered into the IR Agreement voluntarily (TTU’s Exhibit B). Therefore, these documents are
central to her claims and the Court may consider them without converting TTU’s Motion into a
motion for summary judgment.

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D. Plaintiff’s Response misstates her own Complaint.
Finally, Plaintiff’s Response misstates her own pleadings. In attempting to distinguish J.T.
v. Uplift Education, Plaintiff states: “The investigations by the school eventually resulted in
termination of the teacher . . . [i]n Plaintiff’s case, no remedial action was taken by TTU against
[Respondent].” Dkt. 7 p. 14. This is untrue. While Plaintiff may now express dissatisfaction with the
agreed-upon terms, her disapproval does not negate the fact that remedial measures were effectively
implemented. See Dkt. 7 p. 7 (citing Dkt. 1 ¶¶39-41) (“TTU continued dragging the process until
Haley finally succumbed to TTU’s pressure and agreed to, in June 2024, enter into an informal
resolution that was bluntly disproportionate and allowed [Respondent] to get away with raping
Haley, and to continue his college life with the minor inconvenience of having to take a course, make
a donation, and write an essay.”).
CONCLUSION AND PRAYER
Nothing in Plaintiff’s Response changes what she herself has already pleaded: that TTU
actively investigated Plaintiff’s grievance by conducting interviews with key witnesses, routinely
communicated with Plaintiff, gave Plaintiff various options for finding a solution that best fit her
needs, and eventually coordinated an informal resolution that was mutually agreed upon by both
Plaintiff and Respondent. None of these actions come close to meeting the standard of deliberate
indifference under Title IX—nor does Plaintiff’s dissatisfaction with the specific outcome of that
process. Because Plaintiff fails to plead facts plausible to support a claim of deliberate indifference,
her suit must be dismissed in its entirety.

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Dated: February 27, 2026

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Respectfully Submitted.
KEN PAXTON
Attorney General of Texas
BRENT WEBSTER
First Assistant Attorney General
RALPH MOLINA
Deputy First Assistant Attorney General
AUSTIN KINGHORN
Deputy Attorney General for Civil Litigation
KIMBERLY GDULA
Chief, General Litigation Division
/s/ Sheaffer K. Fennessey
SHEAFFER K. FENNESSEY
Attorney-in-Charge
Texas Bar No. 24109859
Assistant Attorney General
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
P: 737-231-3926/ Fax (512) 320-0667
Shea.Fennessey@oag.texas.gov
ATTORNEYS FOR DEFENDANT TTU

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document was filed electronically via
the Court’s CM/ECF system on February 27, 2026, causing electronic service upon all counsel of
record.
Austin Champion
Champion LLP
2200 Ross Avenue
Suite 4500W
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Dallas, TX 75201
214-225-8880
Fax: 214-225-8881
Email: austin.champion@championllp.com
Thais Amaral Dourado
2200 Ross Avenue Suite 4500W
Dallas, TX 75201
214-225-0351
Email: thais.dourado@championllp.com
ATTORNEYS FOR PLAINTIFF
/s/ Sheaffer K. Fennessey
SHEAFFER K. FENNESSEY

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