Attorneys representing 10 women who sued Baylor University in federal court, saying the school was indifferent toward their allegations of sexual assault and other violence committed by its students, have subpoenaed Liberty University athletic director Ian McCaw and two other former Baylor officials.
According to court records, McCaw has been subpoenaed in the case, which was filed by the women's attorneys in June 2016. Liberty University senior associate athletic director Todd Patulski and associate general counsel Ian McRary, two other former Baylor employees, were also subpoenaed.
In the original complaint, the women's attorneys argued that Baylor's "failure to promptly and appropriately investigate and respond to the assaults allowed a condition to be created that substantially increased Plaintiffs' chances of being sexually assaulted, as well as others. Moreover, Defendant's failure to promptly and appropriately investigate and respond to these assaults furthered sexual harassment and a hostile environment, effectively denying Plaintiffs, and other female students, access to educational opportunities."
It is one of six civil lawsuits related to the Baylor sexual assault scandal still pending in federal court.
McCaw, who spent 13 years at Baylor, was hired by Liberty in November 2016. McCaw's hiring sparked criticism because he had been sanctioned and placed on probation in the wake of the sexual assault scandal that led to the firing of Baylor football coach Art Briles and demotion and resignation of university president Kenneth Starr.
McCaw was also named in a lawsuit filed by former Baylor student Jasmin Hernandez, who was raped by Bears football player Tevin Elliott during an off-campus party in 2012. An investigation by Philadelphia law firm Pepper Hamilton found that 17 women since 2011 reported incidents of sexual and domestic violence involving 19 Baylor football players. Four of the cases reportedly involved gang rapes.
At the time of McCaw's hiring, Liberty president Jerry Falwell said in a statement, "Ian's success really speaks for itself. You look at what Baylor was able to do during his tenure, it fits perfectly with where we see our sports programs going."
Patulski served as Baylor's deputy athletic director and chief financial officer and was named the school's interim AD when McCaw resigned. He left Baylor to rejoin McCaw at Liberty in April 2017.
McRary, who was a Title IX investigator at Baylor, was hired at Liberty in February 2016.
In another court filing this week, the women's attorneys complained that Baylor officials haven't yet turned over all of the documents they requested through discovery.
"Baylor complains that it has had to expend 'hundreds of thousands of dollars' in its effort to make its paltry document production thus far," the attorneys wrote. "After laying out various past orders it disagrees with, orders that the Fifth Circuit declined to upset, Baylor pats itself on the back for having completed, only partially and with numerous omissions, the Pepper Hamilton production. Never mind that this still incomplete production took months, despite it now being more than two years from when Baylor had assumedly already assembled these items and had given them to PH, and despite it now being almost two years since PH had provided a report from which the Baylor Board of Regents made its findings of failure."