San Jose State administrators don't agree with certain aspects of the Department of Justice’s findings regarding Title IX investigations into former director of sports medicine Scott Shaw.
SJSU inadequately responded to reports of sexual harassment by Shaw including assault, according to a Sept. 21 Justice Department report. The report also confirmed instances of retaliation against whistleblowers.
Shaw was director of sports medicine from 2008 to his resignation in August 2020.
Kenneth Mashinchi, senior director of strategic communications and media relations, said while the university agreed the 2009-10 investigation into Shaw and cases of sexual harassment and/or assault didn’t meet current Title IX standards, it’s crucial to keep the policies of the time in mind.
“It is important to recognize that the federal law and guidelines have evolved significantly in the past 12 years,” Mashinchi said in an email.
He said the university disagreed with claims of “widespread knowledge” of student-athlete reports of harassment from Shaw, disputing the Justice Department’s claims of heightened risk of sexual harassment while Shaw still worked at the university.
Sage Hopkins, swimming and diving head coach, alerted university officials of accusations from more than a dozen swimming and diving athletes in 2009, according to the department report.
An initial investigation into assault claims against Shaw was opened in 2009 but former equal opportunity manager Arthur Dunklin found Shaw’s trigger-point therapy to be a “bona fide” muscle injury treatment, according to the SJSU For Your Information (FYI) webpage.
President Mary Papazian reopened the investigation in 2020-21 according to the Justice Department’s investigation summary.
Mashinchi said during Papazian’s first week as president at SJSU in 2016, she and former Provost Andrew Feinstein received an informal email from outgoing Interim President Sue Martin that detailed observations and notes of the athletics department.
He said there were two mentions of an athletic trainer and that allegations against him had been investigated.
“I feel like [Papazian] should definitely be clear on what she knew and what she didn't know [upon assuming the president position] just for everyone's awareness,” Taylor Lehr, 2019 swimming and diving alumna, said in a phone call.
The Justice Department said in its report the university neglected to interview potential sexual harassment victims in its 2020 external investigation.
Mashinchi said the university didn’t receive any new complaints of sexual harassment against Shaw by student-athletes between the conclusion of the first investigation and the beginning of the recent reinvestigation.
“We do not agree that there was ‘widespread knowledge’ because there were no new reports of harassment against Mr. Shaw by student-athletes between the conclusion of the 2009-2010 investigation and the beginning of the external 2019-2020 investigation,” Mashinchi said.
The Justice Department said the 2020-21 investigation was “only” initiated after Hopkins filed a 300-page dossier circulated through the National Collegiate Athletics Association and other organizations.
Hopkins sent out his dossier, which detailed the accounts of over 17 swimmers alleging Shaw in sexual misconduct, after it disappeared from the Title IX office in 2019, according to the Saturday Mercury News article.
In addition to the 300-page dossier, Hopkins filed a lawsuit in March alleging California State University and SJSU administrators retaliated against him.
The lawsuit alleges that former athletics director Marie Tuite and other administrators ignored reports of Shaw’s misconduct, according to the 93-page court documents obtained by the Spartan Daily.
Mashinchi said consistent with the Department of Justice’s findings, the CSU external investigator concluded Hopkins was retaliated against when part of his performance evaluation was lowered.
The Department of Justice’s resolution agreement stated that retaliating against an individual for complaining about sexual harassment consistutes prohibited sex discrimination.
According to SJSU’s employee reporting obligation, all SJSU employees are required to report any knowledge of possible Title IX related incidents to the Title IX office.
However, Mashinchi said the university disagrees that former deputy athletic director Steve O’ Brien was retaliated against but the matter is being litigated and investigated by an external investigator.
O’ Brien filed a lawsuit against university administrators in August 2020 after he was fired earlier that year on March 2 by Tuite, following his opposition to orders to discipline whistleblower Hopkins, according to a Sept. 17 2020 USA Today article.
Papazian stated in a May 21 campuswide email Tuite was reassigned from her position as athletic director to special director of external relations and capital project development.
Tuite resigned from this university position on Sept. 1.
Hopkins spoke publicly for the first time Saturday to the Mercury News.
Hopkins told the news organization he faced a personal toll during the 12-year-long series of allegations against Shaw, saying he felt a sense of relief after the Department of Justice report because he was ignored by the university for so long trying to protect female athletes from Shaw.
Mashinchi said Papazian will have to issue a written letter of appreciation for Hopkins in accordance with the Justice Department resolution agreement.
Papazian is required to issue the letter 30 days after the Department of Justice Resolution, according to its report.
The Justice Department reached a $1.6 million settlement with the university that requires SJSU to financially compensate those sexually harassed and/or assaulted by Shaw, according to its report.
The Justice Department offered $125,000 to 23 female swimming and diving student-athletes who experienced sexual harassment, 13 of whom have accepted the offer, according to the university’s FYI webpage.
Payments made to the students won’t come from student fees or affect employee payment or athletic scholarships, Mashinchi said.
Lehr said while the financial aspect of the settlement was a step in the right direction, it wouldn’t rectify the university’s mishandlings.
“It's just obviously such a sad situation,” Lehr said. “I feel like no amount of money can make right the situation but I hope that moving forward things will be different.”
Athletic director Jeffrey Konya said he’s encouraged by university leaders’ attempts to improve the campus community’s safety and health.
“We continue to build an inclusive and supportive culture in the athletics department for all of our student-athletes, coaches and staff,” Konya said in an email.
The Wellbeing Attendant (chaperone) policy will allow student-athletes to request a supervisor at sports-medicine treatment appointments, according to the university policy document.
The university will be improving the Title IX department in compliance with the Department of Justice agreement by adding new experts, expanding its office and enhancing education programs, according to a Sept. 21 campuswide email.
The Justice Department will monitor implementation of the agreement through the 2024-25 academic year, including the financial relief requirement totaling $1.6 million, according to its report.
While Lehr said these are steps in the right direction, the university must continue to remedy misdoings.
“This was definitely kind of a slap in the face,” Lehr said. “I think that they're doing the right thing in terms of getting the right people out so hopefully they can make amends and then move forward and not make the same mistakes.”
