In a deposition taken this month in Virginia, Ian McCaw, now athletic director at Liberty University, also accused Baylor’s former police chief of discouraging sexual assault victims from filing reports and alleged that a law firm hired to investigate Baylor’s handling of sexual assault allegations offered to write a “whitewash” report for the university, according to the motion.
Filed by lawyers representing 10 women who claim they were sexually assaulted at Baylor between 2004 and 2016, the motion does not include the actual deposition but rather quotes from it while arguing a judge should force Baylor to produce documents the university is withholding related to McCaw.
In a statement Wednesday, Baylor accused the women’s lawyers of misleadingly quoting McCaw out of context.
“The plaintiffs’ counsel have grossly mischaracterized facts to promote a misleading narrative in an effort to deflect attention away from the actual facts of the case pending before the court. . . . Much of the testimony of Mr. McCaw that is selectively quoted in the motion is based on speculation, hearsay and even media reports,” the university’s statement read.
Jim Dunnam, lawyer for the women, accused Baylor of keeping McCaw’s entire deposition under confidential seal in the case to prevent further embarrassment.
“Baylor’s press response is as pathetic and phony as what McCaw himself calls their ‘phony’ findings and Baylor’s attempts to cover up for the actions of its regents to conceal decades of sexual assault at Baylor,” Dunnam wrote in an email. “Baylor could easily allow excerpts of Mr. McCaw’s deposition that reveal no private student information, but instead Baylor has triggered hiding the whole thing. A fair release of McCaw’s deposition will show that our filing is both true and in context, and it would provide even further testimony of McCaw that Baylor does not want known. “
McCaw, through a Liberty athletics spokesman, declined to comment. According to the motion filed Wednesday, McCaw said in his deposition that he resigned in 2016 not because of pressure from higher-ups outraged with how his department handled suspicions of football players assaulting women but because he was “disgusted” with the university’s board, “the racism,” and because he “did not want to be part of some Enron coverup scheme.”
McCaw did not deflect culpability for the problem of sexual violence committed by Baylor football players, according to the motion, but implied university officials and Baylor’s police force deserved more blame. At one point, McCaw testified of an incident in which a Baylor police dispatcher put a woman calling to report a sexual assault on hold, so the dispatcher could order a meal.
The Baylor scandal erupted after two football players — Samuel Ukwuachu and Tevin Elliott — were convicted of rape, and several women came forward alleging that previous complaints involving those players and others had been ignored by university officials. While McCaw accused lawyers with Pepper Hamilton law firm of offering to write a “whitewash” report, the firm’s investigation found failings throughout university leadership, including in the athletic department, and former Baylor president Kenneth Star ultimately lost his job, along with McCaw and head football coach Art Briles.
While Pepper Hamilton’s inquiry found 19 Baylor football players had been accused of domestic or sexual assault by 17 women, another investigation by a law firm representing a victim found at least 31 football players committed at least 52 “acts of rape” over four years. That law firm’s allegations were raised in a separate lawsuit filed by that woman last January, which was settled last year.