Former St. Joseph High volleyball players move forward with sexual misconduct lawsuit
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SOUTH BEND — Two former volleyball players at St. Joseph High School are moving forward with their lawsuit accusing their past coach, Justin Cochran, of sexual misconduct, though they are now proceeding under their real names.
The lawsuit alleges Cochran “groomed” girls on the volleyball team when he made inappropriate sexual comments, sent nude pictures of himself to one student and retaliated against girls who complained about his behavior. The suit also accuses administrators at the high school — including principal John Kennedy and former athletic director Debra Brown — of dismissing concerns from parents about Cochran's behavior.
The three women, who are now all in college, originally filed their claims anonymously in October under the "Jane Doe" moniker. However, after lawyers for Cochran, the Diocese of Fort Wayne-South Bend and the school objected, Marshal Circuit Court Judge Curtis Palmer ruled in February the women had to identify themselves in court documents.
Attorneys for the women intended to appeal that decision, but the Indiana Court of Appeals didn't take up the case. Last week two of the women filed new documents identifying themselves, while one of the Jane Doe plaintiffs dropped out of the lawsuit due to "her concern of the impact of said disclosure considering potential publicity."
Though the remaining two women bringing the suit are now named in court documents, The Tribune does not generally identify accusers in cases alleging sexual misconduct.
Attorneys representing the diocese and Cochran did not return Tribune calls seeking comment, though in past proceedings they have argued the women do not meet the legal standard for anonymity as they are currently over 18 and are not victims of sexual abuse. During a February hearing, J. Thomas Vetne, who represents Cochran, added that the women should also be subject to public scrutiny because they name a number of individuals in their suit.
“If the sauce if good for the goose, it’s good for the gander,” Vetne said in the Feb. 15 hearing.
Brandon Tate, an Indianapolis lawyer representing the two women, also did not return an interview request Friday.
Grooming allegations
The lawsuit mentions multiple specific instances when Cochran allegedly exhibited behavior "of a grooming nature."
One of the former players said Cochran sent her a nude photo of himself in 2018 via SnapChat and talked about his sex life and the size of his penis.
The suit also alleges Cochran was seen rubbing a player’s shoulders and calling her “babe” while consoling her, that girls were seen lounging or lying against Cochran on the sidelines, and that he was seen smiling and nodding as a girl “twerked” in front of him. One player on the team allegedly told one of the teammates bringing the suit that Cochran told her to open his cell phone to play music for practice one day, but pornography automatically came on when the girl opened the phone.
According to the complaint, when one of the players confronted Cochran with their concerns, he labeled her a "buzzkill," which created a division on the team as players "loyal to Cochran began bullying [her] as a result, spreading nasty comments and stories about her all over school and on social media."
The two remaining plaintiffs also claim administrators at St. Joseph High School — including principal John Kennedy and former athletic director Debra Brown — brushed aside parents’ concerns about Cochran and failed to follow the 2002 Catholic charter "Safe Environment Training,” which was implemented in response to the wider Catholic clergy sex abuse scandal.
Administrators refused to meet with parents about their concerns and told them to meet with Cochran directly, the suit says. When confronted by parents, Cochran allegedly responded by telling them "the age of consent in Indiana is 16."
Cochran was an assistant volleyball coach at St. Joseph High School before being named head coach in 2018. He resigned at the end of the 2018-19 season before being hired as head volleyball coach at Bremen High School. Cochran stepped down after one year at Bremen as well.
There are no criminal charges currently pending against Cochran in relation to the alleged sexual misconduct. The South Bend Police Department received a report regarding Cochran in June 2019 and forwarded it to the St. Joseph County Special Victims Unit, which investigates child abuse, sex crimes and domestic violence.
Next steps
The case is entering the discovery phase — where the parties can issue subpoenas and gather evidence — after a motion to dismiss the case was denied. In court filings, the diocese and St. Joseph High School argued the allegations occurred more than two years before the lawsuit was filed and therefore fall outside of Indiana's statute of limitations.
Palmer, who is a special judge assigned to the proceedings after St. Joseph Circuit Court Judge John Broden recused himself, allowed the case to move forward, saying the exact timing of the allegations can be revisited later in the litigation.
Email Marek Mazurek at mmazurek@sbtinfo.com. Follow him on Twitter: @marek_mazurek
This article originally appeared on South Bend Tribune: St. Joseph High School lawsuit against official, ex-coach moves forward
