Butch Jones, Dave Hart among potential witnesses in UT suit

A new filing by lawyers for the University of Tennessee arguing that a sweeping Title IX sexual assault lawsuit filed against UT be heard in Knoxville rather than Nashville, provides a glimpse into the witnesses who may be called to testify should the case go to trial.

Eight former female students filed suit Feb. 9 alleging that UT is biased in favor of accused athletes, especially football players, and gives fewer rights to female students who bring forward claims of sexual assault.

The university in public statements has denied it treats athletes differently and said it supports victims, but has not yet filed a formal legal response.

UT plaintiffs: Trying suit in Knoxville would cause 'trauma'

The list of potential defense witnesses includes the university's top officials: Head Football Coach Butch Jones, Joe DiPietro, president of the University of Tennessee, UT Chancellor Jimmy Cheek, Dave Hart, Vice Chancellor and Director of Athletics at UT and the university's top lawyer, Matthew Scoggins.

It also includes law enforcement officials both on and off campus, including David Rausch, Chief of the Knoxville Police Department and Troy Lane, chief of the University of Tennessee Police Department, who are expected to testify that they communicate regularly about crime and criminal activity on campus, including sexual assaults.

Also on the list are vice chancellors, assistant athletics directors, coaches, staff who counsel victims of sexual assault and staff in the Office of Student Conduct and Community Standard, which investigates student misconduct.

University of Tennessee sexual assault case

The list includes at least seven attorneys who have represented accused students, who would be expected to testify that the "University does not pay for their services or otherwise hire them on behalf of their clients."

And in an unusual step, lawyers for the university list the plaintiff's lawyers, David Randolph Smith and Lyon Chadwick, as potential witnesses about "their interference and delay of the University's investigation of Plaintiff IV's complaints, as well as their actions that delayed contested cases conducted pursuant to the Uniform Administrative Procedures Act."

In response, Smith provided comment to the Tennessean that said: "Our complaint alleges UT’s process violates, and is preempted by, federal law, and we have sought to stop this process."

UT's claim of delays is a counterpoint to the plaintiffs' own claims that the Administrative Procedures Act, which lays out one of the student disciplinary processes an accused student can choose, leads to delays that allow accused students to remain on campus, graduate or transfer to another school, thereby escaping the prompt resolution to sexual assault allegations required by federal law.

The potential witness list includes at least 47 current or former student witnesses. The students, the filing states, were witnesses "to the events at issue, including the alleged assault" allegations by the eight former students.  Most of the students have a current or permanent address in east Tennessee, the filing noted in making the case it is making to move a trial to Knoxville.

University lawyers note that UT expects to call current and former members of the football team to "rebut plaintiff's allegations about 'culture' problems with the football team." The filing claims that two of the plaintiffs "both continue to socialize with members of the football team. If the culture of the football team really were as Plaintiffs allege, then Plaintiffs VI and VIII presumably would not have continued to socialize with members of the football team."

Current, ex-Vols football players defend team's culture

The plaintiffs in the case filed the lawsuit in Nashville and are seeking to keep it there, noting that the UT does business in Nashville, has satellite campuses in Middle Tennessee and claiming they would not receive a fair trial in Knoxville. Attorneys for the women also asserted that a trial in the proximity of the football team facilities in a Knoxville courtroom would further traumatize the women bringing the suit.

In response, the university noted that there are just 269 students engaged in face-to-face learning in Middle Tennessee or .5 percent of the university's student body, and just two percent of the university's system employees work in Middle Tennessee. Five of the eight women bringing the suit do not reside in Middle Tennessee, the filing notes.

"Because the majority of the key witnesses are located in Knoxville, transfer is appropriate," the filing said.

Lawyers for the university are asking U.S. District Judge Aleta Trauger to either dismiss the case entirely, or transfer it to Knoxville.

Reach Anita Wadhwani at 615-259-8092 or on Twitter @AnitaWadhwani. Reach Nate Rau at 615-259-8094 or on Twitter @TNNateRau.