A class action lawsuit was filed Friday against San Jose State University and Scott Shaw, former SJSU director of sports medicine and athletic trainer, almost 10 days after the Department of Justice announced charges against Shaw, for alleged sexual misconduct during his time as a California State University employee.
Kenneth Mashinchi, SJSU senior director of strategic communications and media, said in an email the university was aware of and reviewing the lawsuit.
The lawsuit was filed in the Santa Clara County Superior Court, according to a Tuesday ABC 7 News article.
“The safety and wellbeing of the CSU communities remain a top priority for SJSU and the CSU,” Mashinchi said. “We will continue to be transparent and provide updates at the appropriate times.”
The lawsuit comes after a $3.3 million settlement was reached on Nov. 19, 2021 between the university and 15 former student athletes who were sexually harassed by Shaw, according to the SJSU: For Your Information webpage.
Shaw was charged on March 15 with six counts of allegedly violating and depriving the rights of four female athletes from 2017-2020, to which he pleaded not guilty, according to past Spartan Daily reporting.
Though reports of sexual harassment against Shaw were first investigated in 2009, the criminal charges only span through the last five years because of the statute of limitations, according to a March 10 USA Today article.
The class action lawsuit includes more student athletes who are potential victims of sexual misconduct from Shaw since his arrival at the university in 2006, according to a Tuesday Mercury News article.
An investigation into Shaw was opened in December 2009 after Sage Hopkins, swimming and diving head coach, reported to university administrators that some student athletes said Shaw, head athletic trainer at the time, inappropriately touched their breasts under the bra or on the bikini line during injury treatment, according to the SJSU: For Your Information webpage.
Arthur Dunklin, who conducted the internal investigation, concluded in May 2010 that the claims were unsubstantiated as Shaw’s muscle treatment method, pressure point therapy, was a “bona fide” muscle injury treatment, according to an SJSU executive summary of the investigation.
After former SJSU President Mary Papazian learned of a 300-page dossier including emails and notes compiled by Hopkins which was circulated throughout the NCAA and Mountain West Conference, she “promptly reopened the matter” in December 2019, according to the SJSU: For Your Information webpage.
Hopkins said the “healing and wellbeing” of those affected by Shaw will be aided when he and those who “enabled” Shaw’s behavior are held liable.
“The most important thing is the healing of our affected student athletes . . . Shaw and those who enabled his predation being held accountable is an important step in that process,” Hopkins said in an email.
