https://www.tristatehomepage.com/news/l ... t-mccarty/
Lawsuit:
https://www.documentcloud.org/documents ... it-mccarty
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”
—————
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”
McCarty also made comments about Jane Doe’s body in conversations with her, as well as in public conversations at practices and games, remarking to Doe’s colleagues, superiors, basketball team members, and fellow students that Doe had “pretty feet.”
Suddenly, McCarty reached over and grabbed her thigh; Jane Doe froze. As McCarty’s unwelcome advances turned physical, Jane Doe (who is only 5’1” tall) thought “I don’t want to run. He’s 6’9 and I’m not going to . . . I don’t want to be raped right now.” What followed was a blur to Jane Doe. But it is undisputed that McCarty touched Jane Doe’s breasts and buttocks, and digitally penetrated her. The formal investigation by the University into the incident concluded that “it is more likely than not” that the sexual contact and sexual intercourse happened as Doe says it did. Further, the acts McCarty perpetrated were “all without [Jane Doe]’s consent.”
As of June 6, 2018, the University knew McCarty had acted inappropriately with a woman at a local restaurant.
The University learned in July 2018 that McCarty had been sending persistent and unwanted text messages and private Instagram messages to a University employee, inviting her to bars, restaurants, and his home.
Again in September 2018, the University learned that McCarty sent a female University student text messages that were unwelcome and harassing.
The University was informed multiple times from Fall 2018 through Summer 2019 that McCarty routinely sent a female employee in the athletic department inappropriate private Instagram messages inviting her to have dinner and attend events with him—and even asking to see a photo of her wearing a swimsuit.
Yet again in June 2019, the University learned that McCarty sent a former student private Instagram messages that made her uncomfortable.
The month before the assault on Jane Doe, the University was told on November 5, 2019 that McCarty had for weeks been giving uncomfortable attention to a female student who worked in the University Center Café court, initiating unwanted physical contact in a lingering way that was unwanted by the student.
Then on December 11, 2019, two high-ranking University employees raised concerns about McCarty’s alleged behavior with others in the University community—two days after McCarty’s sexual assault of Jane Doe but one day before she anonymously reported the assault.
As a result of Jane Doe’s decision to pursue her complaint against McCarty, at least two additional women came forward to report his sexually inappropriate behavior with them on numerous occasions while they were students at the University:
In June or July 2018, a female student working in the Athletic Department when, after learning that the female student and her boyfriend (a fellow student athlete) had broken up, McCarty began messaging her on Instagram. That summer, they had intercourse
In August 2018, after the female student spent the night drinking at a fraternity party and then on campus, McCarty “completely random[ly]” sent her a message and picked her up from campus. McCarty took her back to his house, where the female student says that “before anything happened I did tell him this is not right” and, though she did not tell him “No,” she “said this does not feel right.” Nevertheless, “then we had vaginal intercourse.”
And in January and April–May 2019, a female student athlete met McCarty when he saw her in the University gym facility and told her she had good form. In April 2019, McCarty saw the female student athlete running on campus, stopped his car in the middle of the road, and told her he could tell she liked to work out before asking to follow her on Instagram. After allowing him to follow her, in May 2019, McCarty “liked” a photo of the female student athlete in spandex and messaged her privately that evening.
January 15, 2020. Head coach of another University sports team reports that McCarty contacted him on January 14, 2020 and requested an in-person meeting at the parking lot of a local restaurant. During the meeting, McCarty reportedly told the coach to tell a member of the team, a friend of Jane Doe’s at the time, and a named witness in the investigation—that if she and Jane Doe failed to tell the investigators the truth, they would end up in jail for lying.
March 17, 2020. McCarty sends Jane Doe’s mother a follow request and direct message on Instagram, including a “dark” photo that states “Lying won’t erase the truth it can only delay its discovery!” with the word “Lying” in red. Jane Doe’smother took the message as a threat. Jane Doe’s mother notifies Ms. Tuegel and they notify the University.
