A former University of Maryland, Baltimore County athletic director said he was the first person to hold Chad Cradock, then a swim head coach and senior staff member, accountable about sexual assault and harassment accusations.
Brian Barrio didn’t know that the university knew about serious misconductuntil earlier this year, when the United States Department of Justice released a report that Cradock sexually assaulted, harassed and discriminated against student athletes on the swim team. Barrio alleges in a federal lawsuit filed this week in Baltimore that if not for his actions, “the abuse and assaults would have continued unabated.” He had reported the head coach for COVID-19 violations, and then students felt safe to speak up.
The university fired Barrio in March of this year, after promises of reshuffling the athletic department and keeping people accountable.
Barrio is suing the institution on counts of “fraudulent inducement,” alleging that the university misrepresented the state of the athletic department and purposefully covered the ongoing issues with Title IX so he would take the job. He is also suing the university on grounds of retaliation and libel by implication and for “past and future wages and benefits,” compensatory, mental anguish and emotional distress damages.
The University of Maryland, Baltimore County declined to comment Thursday, saying it does not discuss pending litigation.
In court documents, Barrio said the university recruited him in November 2019. Then a director of athletics at Central Connecticut State University, he had a “reputation for excellence,” he said, and was considered a “rising star.”
“Had UMBC been even remotely truthful regarding Cradock and the allegations that has been made (and covered up) about him, Brian would not have even considered UMBC,” the lawsuit read.
Barrio said he asked multiple employees in and out of the search committee about the status of the Title IX reporting process at the university. At the time, two students were suing the school for mishandling sexual assault complaints. Multiple times, according to court records, staff assured Barrio the only pending issues were the investigation related to baseball players accused of sexual misconduct and a gender disparity treatment with the softball team.
The lawsuit names Lynne Schaeffer, then a vice president at the university, as one of the employees who told Barrio that the university was leading a “new focus on title IX issues.” Other employees, including Senior Associate Athletic Director Gary Wohlstetter, Associate Vice President Valerie Thomas and the university’s general counsel staff attorneys also reassured Barrio, according to court documents.
Barrio asked specifically about Cradock, who held both a head coach role and was a senior staff. The lawsuit said Wohlstetter said Cradock was a “wonderful and highly regarded leader” with a “great work ethic and integrity.” He also asked others in the athletic department about Cradock. They all said there were no issues, according to the lawsuit.
Barrio accepted the job offer and arrived on campus January 2020, a few months before the COVID-19 pandemic shut down the campus.
He resumed in-person activities around September. About that time, students in the swim team reported to Barrio that Cradock was violating COVID-19 protocols, according to the lawsuit. Barrio reported it all to the general counsel and Title IX office and suspended Cradock.
The lawsuit says that Barrio’s “blowing the whistle” on Cradock made the swimmers feel safe to report the ongoing and unchecked sexual abuse by the head coach.
It wasn’t until the U.S. Department of Justice issued its Title IX investigation earlier this year that Barrio learned the extent of Cradock’s misconduct and the administration’s knowledge of the issue, according to the lawsuit. Barrio said the Justice Department report confirmed that he had not engaged in any wrongdoing.
The report found that Cradock sexually abused and assaulted student-athletes on the men’s team between 2015 and 2020, and that university administrators — including the Title IX office — were aware of it as early as 2016.
Barrio told university president Sheares Ashby that “a prestigious institution with a better funded Athletic Department” was seeking him for its athletic director position around the time of the report, according to the lawsuit. Barrio says Ashby asked him to remain at the university and that she would sign an extension of his contract through 2028.
Barrio was fired on March 19. The day before, the university released a statement on the investigation, saying it was resetting the athletic department’s structure and making the athletic director report directly to the university president.
“The failures between 2015 and 2020 identified by the DOJ were the collective responsibility of many individuals. Those who were identified as failing to comply with their Title IX obligations — whether through action or inaction — will be held accountable.”
The Maryland Board of Public Workers approved a 4.1 million settlement for victims of Cradock’s sexual misconduct earlier this year in April. The settlement is a result of a consent decree the university is entering with the Justice Department.
Athletes on the men’s swim team between 2015 and 2021 could receive $180,000 if the Justice Department or the university found they experienced violence that staff knew about or if Cradock sexually assaulted them. Women’s teams during certain academic years could also be eligible.
Those on the men’s and women’s team who participated in an investigation and faced sex-based discrimination during certain academic years could also receive $60,000.
Under the settlement, the university must also anonymously survey athletes about athletic culture, whether they have witnessed or experienced harassment or discrimination, and interactions between teammates and staff.
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