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(Bronx man claims police brutality, beating caught on video)
(BAA to defend itself, file counterclaim against Baylor lawsuit)
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Related PostsA Bronx man claims聽multiple NYPD officers beat him without cause when he was stopped and frisked in August, and the whole incident was caught on surveillance and cell phone video.
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BAA President Keith Starr announced the news in written statement Wednesday. The lawsuit charges BAA is improperly using Baylor鈥檚 name and trademarks.
鈥淭hey were taking turns on me like a gang. That鈥檚 how Santiago Hernandez, 23, described聽the alleged assault.
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The lawsuit stems from long-standing tension between the two entities about BAA鈥檚 independent status.
In the August 18 , Hernandez is seen being approached and then subsequently handcuffed by two female officers. Within moments half a dozen more uniformed officers arrive to the scene and allegedly take turns beating.
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A transition agreement crafted by Baylor regents and a <a href=http://www.aec-ist.com/css/Gucci-Sale-Online-Clutches-Infant-Clothes-Mens-Jeans.html>Mens Gucci Jeans</a>  group of elected BAA leaders and members of the board, which would have dissolved the organization鈥檚 charter, failed to secure enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the failed vote.
Hernandez later told Eyewitness News reporter N.J. Burkett:
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鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name; the title of our magazine, the Baylor Line; and keeps our commitment to thousands of Baylor alumni,鈥?Starr said in the release.
I鈥檓 like, Miss what you doing? You are hurting my arm. <a href=http://www.avanttravel.com/page.php?sale=Tory-Burch-Thora-Sale>Tory Burch Thora Sale</a>  She just was telling me to put my hands behind my back, I鈥檓 like, I m trying to understand what you re arresting me for. Can you please tell me?
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鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization.鈥?
They was taking turns on me. One kicks me, he steps back. Another one comes, he punch me and he steps back. And another one comes and grabs my arm and hits me like 10 times with the baton. Another one comes, pepper-sprayed me.
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Keith Starr is not related to Baylor President Ken Starr.
Hernandez, who is out on parole after serving six years in prison for a gang assault when he was 14, says he was confused by <a href=http://www.avanttravel.com/page.php?sale=Christian-Louboutin-Lace>Christian Louboutin Lace</a>  the excessive force and attempted to get some clarity.
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Keith Starr told the Tribune-Herald the BAA is finalizing options for legal counsel to represent the organization.
Because I m a person to ask questions.聽If I didn t do nothing wrong, I m trying to understand the reason, what they are thinking of me, or what was the reason at all to arrest <a href=http://www.avanttravel.com/page.php?sale=Michael-Kors-Gold-Watches>Michael Kors Gold Watches</a>  me.
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鈥淭he executive committee is disappointed that we find ourselves being sued by the institution we all care about,鈥?Keith Starr said.
Officers claim they were frisking the suspect for . However, Hernandez鈥檚 attorney Jay Heinrich told ABC those charges were later dropped, and he plans to file a civilian complaint on behalf of his client.
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Baylor filed the lawsuit last week in Waco鈥檚 74th District Court, arguing that it has severed the licensing agreements that previously allowed the BAA to use the university鈥檚 name and to operate as Baylor鈥檚 official alumni organization.
  Unfortunately, for young men like Santiago, I think this incident is all too , said Heinrich.
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The alumni association previously has argued that those agreements, signed in 1993 and 1994, are in effect in perpetuity and cannot be terminated, which should allow the group to continue operating with the same name.
After recent high-profile allegations of brutality against the New York police, it is no surprise that NYPD s Internal Affairs Bureau is now investigating the incident.
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Failed agreement
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Baylor initially gave the BAA until Dec. 8 to stop using its name, a notice that followed the Sept. 7 vote on the transition agreement.
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The agreement had approval from 55 percent of BAA members who voted on the issue in person, then a requirement in the group鈥檚 bylaws. But a two-thirds majority was needed to approve it.
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The university is seeking a judgment ordering the group to <a href=http://www.aec-ist.com/css/Cheap-Gucci-Outlet-Cheap-Bags-Sale-Crossbody.html>Gucci Sale</a>  cease using registered marks, including the name 鈥淏aylor鈥?and 鈥淏aylor University.鈥?
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The university also wants injunctive relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial assistance to Baylor students.鈥?
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Baylor spokeswoman Lori Fogleman on Monday said the BAA has 鈥渇ailed to act in response to the university鈥檚 continued request to provide any real or concrete plan of action to Baylor. The university is moving to protect the interest of Baylor, its students and alumni by seeking appropriate legal relief rather than simply waiting further for some indication of actual progress from the association.鈥?
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Fogleman declined additional comment Wednesday on the BAA鈥檚 response.
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Baylor charged in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
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The suit specifically notes a $1 million scholarship pledge from the BAA in February 2013 that was never completed, though the BAA has said the donation was not completed because of the discussions surrounding <a href=http://www.aec-ist.com/css/Cheap-Gucci-Outlet-Womens-Shoes-Vintage-Handbags-G-Watch.html>Womens Gucci Shoes</a>  the transition agreement.
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鈥?BAA) has not abandoned its charitable purpose, to the extent that its charitable purpose has been impeded by conduct of the university,鈥?Keith Starr said.
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Baylor hired 10 of the BAA鈥檚 staff after the vote on the transition agreement, Keith Starr said. But Fogleman said those hires were requested and approved by association leaders and included as part of the transition agreement. Though the agreement failed, Baylor went through with the hires.
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  Alumni center razed
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The university in July razed the Hughes-Dillard Alumni Center the BAA had used as its headquarters since 1978, and later kicked the remaining BAA staff out of on-campus offices the organization had moved into, an action that followed the Dec. 8 deadline.
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Fogleman said the same elected BAA leaders who agreed to the transition agreement also signed off on razing Hughes-Dillard in a separate document, a claim also made in Baylor鈥檚 lawsuit.
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The BAA has continued to meet to discuss its future direction and mission. The group鈥檚 board of directors announced plans earlier this month to solicit feedback from members on three possible options 鈥?solely raising money for scholarships, focusing only on alumni communications or a combination of both activities.
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Keith Starr said the BAA still will proceed with those plans.

Revision as of 20:00, 1 October 2014

@@@ BAA President Keith Starr announced the news in written statement Wednesday. The lawsuit charges BAA is improperly using Baylor鈥檚 name and trademarks.

The lawsuit stems from long-standing tension between the two entities about BAA鈥檚 independent status.
A transition agreement crafted by Baylor regents and a <a href=http://www.aec-ist.com/css/Gucci-Sale-Online-Clutches-Infant-Clothes-Mens-Jeans.html>Mens Gucci Jeans</a>  group of elected BAA leaders and members of the board, which would have dissolved the organization鈥檚 charter, failed to secure enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the failed vote.
鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name; the title of our magazine, the Baylor Line; and keeps our commitment to thousands of Baylor alumni,鈥?Starr said in the release.
鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization.鈥?
Keith Starr is not related to Baylor President Ken Starr.
Keith Starr told the Tribune-Herald the BAA is finalizing options for legal counsel to represent the organization.
鈥淭he executive committee is disappointed that we find ourselves being sued by the institution we all care about,鈥?Keith Starr said.
Baylor filed the lawsuit last week in Waco鈥檚 74th District Court, arguing that it has severed the licensing agreements that previously allowed the BAA to use the university鈥檚 name and to operate as Baylor鈥檚 official alumni organization.
The alumni association previously has argued that those agreements, signed in 1993 and 1994, are in effect in perpetuity and cannot be terminated, which should allow the group to continue operating with the same name.
Failed agreement
Baylor initially gave the BAA until Dec. 8 to stop using its name, a notice that followed the Sept. 7 vote on the transition agreement.
The agreement had approval from 55 percent of BAA members who voted on the issue in person, then a requirement in the group鈥檚 bylaws. But a two-thirds majority was needed to approve it.
The university is seeking a judgment ordering the group to <a href=http://www.aec-ist.com/css/Cheap-Gucci-Outlet-Cheap-Bags-Sale-Crossbody.html>Gucci Sale</a>  cease using registered marks, including the name 鈥淏aylor鈥?and 鈥淏aylor University.鈥?
The university also wants injunctive relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial assistance to Baylor students.鈥?
Baylor spokeswoman Lori Fogleman on Monday said the BAA has 鈥渇ailed to act in response to the university鈥檚 continued request to provide any real or concrete plan of action to Baylor. The university is moving to protect the interest of Baylor, its students and alumni by seeking appropriate legal relief rather than simply waiting further for some indication of actual progress from the association.鈥?
Fogleman declined additional comment Wednesday on the BAA鈥檚 response.
Baylor charged in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
The suit specifically notes a $1 million scholarship pledge from the BAA in February 2013 that was never completed, though the BAA has said the donation was not completed because of the discussions surrounding <a href=http://www.aec-ist.com/css/Cheap-Gucci-Outlet-Womens-Shoes-Vintage-Handbags-G-Watch.html>Womens Gucci Shoes</a>  the transition agreement.
鈥?BAA) has not abandoned its charitable purpose, to the extent that its charitable purpose has been impeded by conduct of the university,鈥?Keith Starr said.
Baylor hired 10 of the BAA鈥檚 staff after the vote on the transition agreement, Keith Starr said. But Fogleman said those hires were requested and approved by association leaders and included as part of the transition agreement. Though the agreement failed, Baylor went through with the hires.
Alumni center razed
The university in July razed the Hughes-Dillard Alumni Center the BAA had used as its headquarters since 1978, and later kicked the remaining BAA staff out of on-campus offices the organization had moved into, an action that followed the Dec. 8 deadline.
Fogleman said the same elected BAA leaders who agreed to the transition agreement also signed off on razing Hughes-Dillard in a separate document, a claim also made in Baylor鈥檚 lawsuit.
The BAA has continued to meet to discuss its future direction and mission. The group鈥檚 board of directors announced plans earlier this month to solicit feedback from members on three possible options 鈥?solely raising money for scholarships, focusing only on alumni communications or a combination of both activities.
Keith Starr said the BAA still will proceed with those plans.
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