TYLER, Texas — **EDITOR'S NOTE: CBS19 has chosen not to include the specifics of the sexual assault allegations due to their extremely graphic nature at this time. These allegations were not made toward the current head baseball coach and athletic director, but former staff members.
A lawsuit filed at the federal courthouse in Tyler alleges Brownsboro ISD staff was aware of hazing, including physical and sexual assault, against freshmen baseball players, and coaches took no action to stop the incidents.
According to the lawsuit, the baseball program, and a former head coach and former athletic director, are accused of allowing hazing for years, adding the upperclassmen would speak about intended sexual and physical assaults against freshmen players.
Claims of constitutional rights, including due process and equal protection, violations and assertions of Title IX discrimination are made in the complaint.
In documents seeking to dismiss the lawsuit, the attorney representing the district states that claims of discrimination and rights violations are broad and vague.
BISD's first motion for dismissal was denied in March. However, the district has filed another motion, which still asserts the complaint does not make any plausible claims against the district.
After a hearing held this week, a federal judge is expected to issue a written ruling soon, a document reads.
HAZING ALLEGATIONS
The document details students were aware of hazing and coaches were complicit, noting a senior student once threatened sexual violence against another teammate.
The lawsuit notes coaches were present when these hazing conversations happened but they did nothing, which the parents say emboldened the hazing.
Some examples of the alleged hazing include making freshmen players carry equipment off the bus and engaging in unwanted sexual acts, according to the lawsuit.
The lawsuit describes a time when four upperclassmen shoved younger teammates onto the floor of the school bus and assaulted them while coaches and the team were traveling for a baseball tournament.
According to the document, the coaches saw what happened but they did nothing. The head coach at the time said after the incident, "it looks like you've got two daddies now."
Various officials were shown surveillance video from the bus, and the students involved were disciplined. However, none of the coaches or staff were punished, the lawsuit reads.
The lawsuit also alleges that Brownsboro ISD later said there was no record of the bus surveillance video.
The lawsuit fails to make claims that BISD acted indifferent toward the school bus incident, the school's attorney wrote in one of two motions seeking dismissal.
The attorney's filings notes there have been no similar incidents since what happened on the bus.
