Hernandez awaits university response

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    Former TCU student-athlete Jacob Hernandez is not able to compete for the University of Texas but is able to practice with Texas’ track and field team, his lawyer said.Shelby Sharpe, Hernandez’s attorney, said he knows Hernandez is working out in Austin, but does not know if he is actually practicing with the team. There is no NCAA rule prohibiting Hernandez from practicing with Texas, Sharpe said.

    Hernandez, an award-winning sprinter, is suing TCU for his release and necessary attorney fees and costs, according to the lawsuit. Hernandez recently transferred to Texas.

    Hernandez could not be reached for comment.

    TCU has 20 days plus the following Monday from when it was served with the lawsuit to respond to the citation. Sharpe said the response to the lawsuit is not due until Sept. 12.

    TCU was served with a citation Aug. 17, notifying them of a lawsuit filed by Hernandez, according to the return of citation form acquired from Tarrant County District Court.

    According to the form, the citation, along with a copy of the Hernandez’s original petition, was delivered to Chancellor Victor Boschini’s office.

    Through an e-mail, Boschini declined to comment about the lawsuit because it is pending, and he wanted to protect the university and the individuals involved.

    Constable Joe Kubes, who supervises the official who delivered the petition to TCU, said that as part of the civil process, his office delivers to wherever the court directs them. Kubes does not deliver the petitions personally; instead, his deputies do it for him.

    Once TCU submits a written response to the lawsuit, Sharpe said, a motion will be filed for the court to rule on the case.

    Sharpe said a hearing would probably not be held until sometime in October.

    If TCU fails to respond to the lawsuit, then Hernandez can file a default judgment, meaning Hernandez would win, according to www.tarrantcounty.com. TCU would be required to release Hernandez so he can run for Texas and pay his attorney fees and costs.