Fired Texas State police officer sues, says reporting illegal acts cost him job

Lara Korte, lkorte@statesman.com
A former Texas State University police officer is suing the school after he says he was fired in retaliation for reporting other officers for illegal activities. [CONTRIBUTED PHOTO]

A former Texas State University police officer is alleging in a lawsuit against the university and the Texas State University System that he was fired for reporting illegal activity committed by fellow officers.

Jason Moreno, who was employed as a police officer for the university and the system from 2002 to June of this year, claims he was dismissed in retaliation for alerting authorities about other university police officers between 2016 and 2018.

The lawsuit, filed Nov. 7 in Travis County district court, alleges that Texas State police Lt. Alex Villalobos, had used information obtained through his position for the personal benefit of a brother who had been charged with and convicted of racketeering and bribery.

According to the lawsuit, Moreno reported these actions to Texas Ranger Sgt. Billy Mims and Hays County Assistant District Attorney Daniella Garcia in August 2016.

The lawsuit also alleges Villalobos and former Texas State Police Chief Jose Bañales falsified government documents, which Moreno reported to the university’s human resources office and the Texas State System’s Office of Internal Audits and Compliance in April 2018.

Because of these and other reports, Moreno was fired in June, the lawsuit alleges. He is seeking a jury trial to recover his job, lost wages, fringe benefits and other compensatory benefits.

Villalobos worked in various law enforcement roles at Texas State University for 10 years, most recently in 2018 as chief of staff. He is currently a Kyle City Council member and chief of staff for Hays County Judge Ruben Becerra.

Villalobos told the American-Statesman he was not Moreno’s direct supervisor during their time together at Texas State and this was the first he had heard of reports being made about his actions.

“At the time that I was there, these things weren’t something that came forward through him,” Villalobos said. “When I was there, everything was aboveboard.”

Bañales resigned from his position in May 2018, shortly after the police department’s controversial decision to arrest four people in connection with a sit-in to remove the student government president.

As a policy, Texas State University does not comment on ongoing litigation, a spokeswoman said. A Texas State System representative did not respond to requests for comment.

The lawsuit comes after several months of public scrutiny of the university’s law enforcement practices.

Earlier this year, Texas State was approached by the U.S. Department of Education with concerns about the accuracy of the school’s annual crime statistics. The federal agency noted a local uptick in sexual assaults was not reflect in the university’s data.

In October, revised crime statistics from the school revealed the actual number of rape incidents was nearly five times more than previously reported.

The U.S. Department of Education is now preparing to conduct a review of Texas State’s compliance with the Clery Act, the federal law requiring universities to track and report crime statistics annually.

According to a federal Clery Act guide, the Education Department conducts reviews to evaluate compliance with the Clery Act. Once a review is completed and the university has an opportunity to respond, the department will make a decision on whether to issue a fine and, if so, its amount.

Reached by phone on Friday, John Judge, the lead attorney for Moreno, said its premature to say whether the underreporting of crime statistics is related to his client’s lawsuit, but said he “wouldn’t be surprised.”

“We definitely think there’s less than optimal management,” Judge said of the Texas State Police Department.

In a letter sent to the campus community last week, Texas State President Denise M. Trauth said the university has been working with the department since May 2019 to improve deficiencies in crime reporting. Current Police Chief Laurie Clouse, who was hired in February as Bañales’ successor, has an extensive background in university law enforcement and Clery compliance, Trauth said.