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evidence there is, and in this case -- >> but if it's sexual assault, isn't it sexual assault? >> yes, it is, however sometimes you can have situations where if there is not a lot of evidence, they may work out a deal. this was a jury conviction and he was looking at 20 years in prison and $10,000 fine, and the jury recommended eight years of straight probation and the judge said i am sending him to jail for 180 days. he will have a ten-year probationary tail, and he can be sent back to prison for the maximum time. it does sound light. six months does sound light for this case when you read the statement and hear the details of the assault. >> and they found the baylor, the university he transferred into, never examined the rain kit ever that was administered on this victim. legally, danny, was baylor
fine defendant students liable, and the only thing that makes this case unusual is the cases with the low burdens of proof end in convictions of students and by convictions my mean on campus suspensions or expulsions. lawsuits have been brought in the past tkpwepbt the university itself and maybe the coach, but under employer liability theory, all roads lead up to the university. >> thank you very much. an important discussion to have. we will stay on this story. i will take a quick break and on the other side i want to talk about the latest in the hack of ashley madison. who could be facing a huge lawsuit. ♪ isn't it beautiful
mishandling the rain scandal and the university did investigate the rain but suspended the case without looking at any of the medical evidence, including the victim's rain kit. in a statement to the media, baylor university said after consideration of the preponderance of evidence a decision was rendered to move or not move forward to a full discipline terry hearing and the police said there was not enough evidence to make an arrest and they sent the report to prosecutors that brought the case to a grand jury. he was finally indicted in late june of 2014 eight months after the incident, and speaking to reporters before friday's practice, baylor's coach said he followed protocol. >> i mean, nobody is going to do that, bring somebody with a prior conviction or even really an allegation. like i said, we made our
waived him, and the coach at boise said we are not supporting any waivers, and the red flags were there and they could have talked to the girlfriend with the rocky relationship. >> the red flags were there, and could have, should have, would have, and what is the liability now, danny? the university, what are they looking at? >> it's the head coach more than the university itself because there's potential liability when the oncampus investigative units miss important parts of the evidence and there may be liability for the university, but far more than that for the university at least is the looming threat of the loss of federal funding, the office of civil rights -- i cannot stress this enough, has since 2011 essentially demanded that the universities investigate and essentially incentivize them to