San Jose State community members expressed relief after the Department of Justice announced Thursday that Scott Shaw, former SJSU director of sports medicine and athletic trainer, was charged with violating civil rights of at least four female student athletes from 2017-20, according to a Thursday U.S. Attorney’s office news release.
Shaw allegedly engaged in sexual misconduct by touching the athletes’ breasts and buttocks without legitimate purpose or consent during injury treatment and was alleged to have acted “under color of law” when he sexually assaulted the victims, according to the news release.
Shaw will face an arraignment hearing today at 2 p.m. in the Northern California U.S. District Court before Judge Susan Van Keulen in San Jose, according to the news release.
He could face a maximum of six years in prison if convicted of all counts but the sentence will be determined after consideration of the U.S. Sentencing Guidelines and the federal government, according to the news release.
A current swimming and diving athlete who wished to remain anonymous for privacy concerns said while the maximum time Shaw could face in prison was “fair,” he should face more time.
“I'm no lawyer, legal student or anything like that but I think something more harsh is deserved for him because I know the sleepless nights of the victims, my coach and everyone involved trying to bring justice,” the athlete said.
Sage Hopkins, swimming and diving head coach, said in an email that charges against Shaw would aid in healing those student-athletes Shaw harmed.
“Shaw being held accountable is an important step in the healing of dozens of women from the multiple sjsu teams that he victimized,” he said.
Natasha Sondeno, SJSU 2016-20 swimming and diving alumna, said while she believes it was right that some student athletes would receive justice, it’s unfortunate that not every athlete who experienced sexual misconduct from Shaw would experience the same.
“I’m glad that those athletes are getting some justice but I wish that the others could as well,” Sondeno said in an Instagram message. “So many were affected by Shaw.”
Shaw’s charges only span the last five years because the statute of limitations prevented pre-2017 charges from being filed, according to a Thursday USA Today article.
Shaw was initially investigated in 2009-10 by then-human resources administrator Arthur Dunklin, who determined Shaw’s pressure point therapy method was a “bona fide” muscle injury treatment and the sexual harassment claims were thus unsubstantiated, according to an SJSU executive summary of the initial investigation findings.
Pressure or trigger point therapy is used to reduce or eliminate pain related to pressure points, or taught bands of muscles, through massage and pressure, according to a Feb. 3, 2022 medically-reviewed article from health and wellness website VeryWellHealth.
The FBI San Francisco Field Office is currently investigating Shaw’s case, according to the Attorney’s Office news release.
The charges come after the justice department found that SJSU failed for more than a decade to adequately respond to reports of sexual misconduct, according to a Sept. 22, 2021 DOJ news release. Former SJSU president Mary Papazian received an email during her first week in the position from Sue Martin, who served as interim president from Aug. 18, 2015 - July 1, 2016, regarding allegations of sexual misconduct against Shaw and a “toxic” athletic work environment, according to the email released in a Feb. 6 Mercury News article.
Papazian “did not recall that reference to Shaw until she reviewed Martin’s 2016 email” after opening a reinvestigation in December 2019, according to the SJSU: For Your Information Page.
After Papazian learned of a dossier compiled by Hopkins detailing the claims of 17 student athletes who alleged sexual misconduct against Shaw in December 2019, she “promptly reopened the matter,” according to the same webpage.
Sondeno said she believes those who knew about the allegations against Shaw yet allowed him to work at SJSU should also face consequences.
“Since they allowed him to continue to hurt those athletes they should also face consequences,” she said. “They should be held accountable for not taking action and for sweeping Shaw’s actions under the rug for so many years.”
The university and justice department reached a settlement in response to the inadequate response to claims against Shaw and was ordered to pay $1.6 million to those who were sexually harassed by the athletic trainer, according to a Sept. 21, 2021 DOJ news release.
SJSU reached a $3.3 million mutual agreement that would be divided among 15 former student athletes who experienced sexual harassment from Shaw, according to the SJSU FYI page.
SJSU “continues to be grateful” for the athletes who came forward to share their “painful experiences,” according to the same webpage.
“Their bravery and resilience are commendable, and we hope that with the charges [Thursday], they are one step closer to justice,” the statement read.
FYI page response:
San José State University (SJSU) continues to be grateful for the student-athletes who came forward to share their painful stories. Their bravery and resilience are commendable, and we hope that with the charges today, they are one step closer to justice.
