Lawsuit alleges Title IX investigation supports sexual assault claim against McCarty

Indiana

EVANSVILLE, Ind. (WEHT) – A lawsuit filed in the Southern Indiana District of U.S District Court by a former student against the University of Evansville has revealed alleged findings from the school’s Title IX investigation.

In a suit filed Monday by a person identified as Jane Doe, the university’s Title IX investigation is referenced. The investigation was done independently by Philadelphia based law firm, Cozen O’Conner, into allegations of misconduct by former head basketball coach Walter McCarty.

McCarty was placed on leave as the investigation began in December 2019.

The lawsuit filed by Jane Doe, alleges the Title IX investigation concludes that evidence shows McCarty sexually assaulted and harassed her. The lawsuit also alleges the investigation found after Jane Doe reported the allegations, McCarty retaliated against her.

Specifically, the lawsuit states the Title IX investigation finds. “it is more than likely than not that the incident occurred as [Jane Doe] alleged.” The lawsuit details McCarty made conversations about Jane Doe’s body to her and publicly, even commenting that she had “pretty feet.”

The suit claims the date of the sexual assault transpired on December 9, 2019. Jane Doe was studying for final exams, when the suit states McCarty messaged her several times thru Snapchat asking her to meet him.

The lawsuit shows the alleged conversation:

McCarty: “I’m gonna kidnap you one of these times lol have u come hang with me”
. . .
“You should have come hang out with me.”
Jane Doe: “Tonight?”
McCarty: “Yes”
Jane Doe: “Well ya shoulda told me earlier! I told some friends I’d hang out”
McCarty: “So come after u hang out with your friends”
Jane Doe: “Wat we gonna do”
McCarty: “What you wanna do”
. . .
“You coming out lol”
Jane Doe: “Id love to hang out coach, but don’t rly want ppl getting the wrong
impression me showing up there at 12 am.”
McCarty: “Who is gonna know your showing up here?”
Jane Doe: “Well my roomie prob gonna call me when she gets back and I’m not there
lol”
McCarty: “Tell her your at the library or something lol
No it’s not I wouldn’t do that as much as I like looking at your booty lol
Come”
Jane Doe: “Ur persistent ya know lol”
. . .
McCarty: “I am persistent but you like that. . . .”
Jane Doe: “. . . I just am not so sure about this so late”
McCarty: “Just come”
Jane Doe: “U still want me to come?
I can’t stay but 5 min”
McCarty: “Yes
That’s fine”
Jane Doe: “Bc friend is already on way back to our duplex”
McCarty: “Just come”

“There is a power dynamic issue here. I think this young woman saw a coach who was a local celebrity and was someone who had power and superiority over her. To not respond didn’t really feel like an option. She even initially tried to rebuff him and he persisted. I think a lot of young students that age think the positive attention and the communication is fine, and they don’t realize the motivations behind it. Once she was one on one with him, and realized that it was too late and she was already in a dangerous position,” said Michelle Tuegel, the attorney representing Jane Doe.

For two days after the alleged rape, the lawsuit states McCarty kept sending Jane Doe unwelcome sexual advances.

Below is a portion of Jane Doe’s alleged response to McCarty:

Jane Doe: “U lied to Me
Don’t ever expect a visit from me again”
McCarty: “Are u serious, it really wasn’t a booty call
Sorry you feel that way” [Confused or Slightly Frowning Face emoji]
“I’ve been thinking about my lil friend all night
And all this morning
I’m so sorry, I told u you are trouble for me”
“How’s my friend today
[Weary Face emoji] what’s wrong”
Jane Doe: “Why did u do what u did to me
. . .
I told u I wanted to stop and u kept goin”

According to the lawsuit, the university asked McCarty at least four times not to delete any communications or photos. The lawsuit claims McCarty ignored that order and instead deleted over 500 emails from December 13, 2019 through January 17, 2020.

In the suit, it says the investigation found when McCarty turned in his university laptop, the device was wiped clean.

As part of a timeline of events, the lawsuit stated on January 15, 2020, McCarty met with another University of Evansville coach. The suit reported McCarty told the coach to tell a member of the team and friend of Jane Doe, that if she and Jane Doe didn’t tell investigators the truth, they would end up in jail for lying.

The timeline of the suit also claims on March 17, 2020, McCarty sent the mother of Jane Doe a follow request on Instagram and direct message including a photo. The photo states “Lying won’t erase the truth it can only delay it’s discovery!” The message was reported to the University of Evansville.

The lawsuit also claims the external investigation concluded McCarty’s alleged assault on Jane Doe violated University of Evansville’s polices and McCarty’s employment agreement. That includes breaking the sexual harassment and misconduct policy, and failing to uphold the employee code of conduct, specifically integrity and ethics.

You can view the full lawsuit below.

Eyewitness News reached out to the law firm Cozen O’Conner that conducted the investigation of Jane Doe’s allegations, and are waiting for a response.

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Trending Stories

Don't Miss