The lawsuit was filed on Monday, claiming the University knew of McCarty's inappropriate behavior towards women and continued to employ him.
The lawsuit states: "Despite having had notice of a well-documented pattern of sexual misconduct, the University did nothing meaningful to protect employees and students of the University from McCarty’s predatory behavior before Jane Doe was sexually harassed and sexually assaulted. Apart from warning McCarty on only three occasions that University policies prohibited such sexually improper conduct, there is no record the University followed up, monitored, or supervised McCarty afterward to ensure McCarty was heeding those warnings. This case arises from McCarty’s sexual harassment and assault—sex-based discrimination—of Jane Doe, following the University’s deliberately indifferent response to multiple events of McCarty’s sexual harassment of other women."
The student was studying in the Athletic Training program at the University since 2016. In her Junior year, she was selected as a Student Athletic Trainer for the Men's Basketball team where she was able to earn credits and gain hands-on experience for her profession.
Walter McCarty was hired to be the Head Coach of the Men's basketball team back in 2018. The lawsuit claims that within three months of hiring McCarty, the school had received at least seven different reports that the coach had been sexually inappropriate with the female staff and students at UE.
Soon, after meeting McCarty, the student allegedly began to receive messages from the coach via social media or text, sexually harassing her. He would ask her to "come over" and would make comments about her body. The lawsuit has a page of texts from the night of the incident where he had persuaded her to come over to his house.
44News spoke with the victim's attorney who says, "There have been other victims. I represent other victims. There were numerous other women who reported a stream of inappropriate conduct, sexual harassment, and sexual misconduct the university, before my client was ever assaulted," says Michelle Simpson Tuegel, attorney. "I think his pattern of conduct speaks for itself and the university's failure to do something about it and actually act on what other women have reported and other red flags also speaks for itself."
44News reached out to Evansville Police and they say there were no sexual allegation complaints filed against McCarty during his employment at the University.
McCarty released the following statement:
"I've never assaulted anyone in my 47 years on this Earth. It's disheartening that someone would make up such a vicious lie to gain financial rewards. There's an old saying that goes, 'A lie has speed but the truth endurance.'
I look forward to clearing my name and exposing these untruth's and putting this all behind me. I am certain my name and reputation will be restored when it's our time to do so and present the truth.
Proverbs 12:19 - Truthful lips endure forever, but a lying tongue is but for a moment."
After those alleged incidents, the student sought out a counselor on campus and filed an anonymous report online through the Crime Stoppers with the University.
The investigation against the coach continued for months until McCarty was fired that following spring semester in 2020.
The University of Evansville released the following statement:
“UE disputes the legal claims from Jane Doe and her attorney. The University is confident it responded appropriately to all reports of misconduct regarding Mr. McCarty based on information it actually knew at the time; the University is similarly confident it responded reasonably to Jane Doe’s report. UE looks forward to addressing the specific allegations in court, not in the media.
In all that UE does, the safety and security of our students comes first. The University is wholly committed to ensuring a safe and welcoming environment for all. Our Title IX policies are designed to protect the entire campus community.”
You can view the full complaint filed against the University of Evansville below: