A San Jose State athletic trainer allegedly accused of sexual misconduct about a decade ago resigned from his position Aug. 19, according to an emailed statement from the university to the Spartan Daily on Wednesday.
Scott Shaw, former athletic trainer and sports medicine director, was cleared of wrongdoing for a case stemming from 2009 by the SJSU human resource department. However, SJSU President Mary Papazian reopened the case in December 2019.
This decision came after Papazian was forwarded a 300-page document by the National Collegiate Athletic Association and Mountain West Conference in 2019, according to previous Spartan Daily reporting.
The 300-page document contained allegations of sexual misconduct from 14 swim and diving female athletes, stating that Shaw inappropriately touched them while performing trigger point therapy.
USA Today reported that Sage Hopkins, head coach of SJSU’s women’s swim and dive team, compiled notes and emails from 17 swimmers who accused Shaw of, “allegedly [touching] female athletes beneath their undergarments, massaging their breasts and pelvic areas when they sought treatment for other parts of their bodies.”
"Mr. Shaw resigned from San José State University,” the college stated in Wednesday's email to the Spartan Daily from Kenneth Mashinchi, SJSU senior director of media relations.
However, Shaw sent out an email on Aug. 13 to the athletic department notifying them of his retirement, according to an email obtained by USA Today.
Shaw’s lawyer, Lori Costanzo, told the Daily in an email that her client “resigned from his long standing and successful career at San Jose State University to pursue new and promising endeavors in the private business sector.”
Maleah Schmidt, SJSU sociology graduate and 2019-20 swim team member, said in a phone interview that she thinks “him stepping down was cowardly.”
Schmidt said she feels the move is part of a plan to cover up his “atrocious acts,” which she believes may still be ongoing.
“He probably doesn’t want to take any responsibility for his actions . . . he doesn't want to admit that he did anything wrong and neither does the school,” Schmidt said.
She said the act was one of cowardice, adding that the university probably advised him to resign.
“I’m embarrassed by the school, like they didn’t do anything,” Schmidt said, adding that the school should re-evaluate how they treat their athletes and women in general.
Schmidt said she questions how Papazian and SJSU Athletic Director Mary Tuite can claim they support women and, “want to be there for all of [their] students when [they] let this kind of crap happen on a regular basis for more than a decade.”
Michael Uhlenkamp, California State University senior director of public affairs, said it’s not possible for the university to initiate disciplinary action against a former employee.
“However, the procedures established in CSU Executive Orders still apply and the investigation is continuing,” Uhlenkamp stated in an email to the Spartan Daily.
Uhlenkamp said the Title IX office estimates the case will be concluded by the end of the year.
While Schmidt said she is unsure of what will happen to Shaw next, she hopes he will ultimately be prosecuted.
“[Shaw] needs to rot in a jail cell is what I think needs to happen to him,” Schmidt said.
Like Schmidt, Madison Grimes, a liberal studies teacher preparation senior, believes the university didn’t notify students because it's covering something up or because Papazian is worried about bad press instead of the investigation.
“For the school to allow this to happen and not even inform its students was the absolute wrong decision,” Grimes said over text.
The current SJSU swim and dive athlete feels Shaw stepping down from his position will help him get away with the alleged crimes.
“I’m ecstatic that he will not be working with anymore female athletes, but for him to step down before taking responsibility for this action just solidifies who Scott Shaw is,” Grimes said. “That’s a coward and a disgusting human.”
Chloe Limargo, industrial design junior and swim and dive athlete, said Shaw made a smart move.
“He knew that if those allegations were thoroughly investigated and it came to light what happened he would be fully punished,” Limargo said in a phone interview.
Limargo said she would still like to see Shaw punished, just as he would be if he were still part of the university.
Shaw’s lawyer, Lori Costanzo, also added in her email that Hopkins “cannot let some things go.”
“Of course, he cannot let things go . . . 17 people trusted him and were hurt. It’s unacceptable,” Limargo said. “Absolutely not OK.”
In an email to the Daily Sept. 2, the university stated Papazian was not the president at the time of the initial investigation and decided to reopen the case to investigate.
Even though there were 14 athletes who claimed Shaw inappropriately touched them, the university focused its investigation on one, while using the others as witness statements, according to USA Today.
Grimes and Schmidt highlighted how such acts affect victims of sexual misconduct.
“A lot of times they won’t feel comfortable coming forward when it first happens,” Schmidt said, voicing that the statute of limitations that puts a time cap on cases should be removed.
“Sexual assault cases, that kind of stuff sticks with a victim for the rest of their life, so I don’t think there should be a limitation on when they can report,” Schmidt said.
Grimes also hopes that Shaw will ultimately be prosecuted, “and that the female survivors can find peace that their courage to speak out was not in vain.”
