Athletics Investigations

Relevant information regarding investigations into SJSU Athletics and action steps the university is taking. Due to sensitive and private nature of the circumstances of these matters, the university does not intend to voluntarily disclose the reports except as required by law.

On this page:

• Updates on SJSU Athletics Department and Investigations
• Frequently Asked Questions (FAQs)

Information about Title IX:
Current information about SJSU’s Title IX Office can be found on the Title IX website.

Updates on SJSU Athletics Department and Investigations

• December 1, 2022 - Campus message regarding release of investigator's report

  • Dear Campus Community,

    As many of you know, we have been awaiting the results of an external investigation about how San José State University handled previous reports of sexual misconduct. The CSU Chancellor’s Office retained a neutral third party attorney investigator to conduct the investigation.

    The investigation focused on the response by the university to complaints made by SJSU student-athletes and an athletics department staff member of improper physical contact by former SJSU head athletic trainer Scott Shaw. The attorney investigator interviewed 37 witnesses and reviewed thousands of pages of emails and other documents.  

    The investigation concluded with several findings, which I am sharing with our campus community below.

    The investigator concluded that:

    1. The 2009-2010 investigation and report pertaining to alleged misconduct by Scott Shaw was inadequate; 
    2. SJSU failed to properly respond to an SJSU Athletic Department employee’s subsequent reports between 2010 and 2018 that the 2009-2010 investigation was inadequate; 
    3. SJSU failed to adequately respond in December 2009 to other evidence that Scott Shaw had allegedly engaged in misconduct; and 
    4. There were two separate police reports filed with the SJSU police department by two student-athletes in 2009, neither of which resulted in an adequate investigation or report.  

    I am grateful to the investigator for her work. The past three years have been an important learning opportunity. The Department of Justice Resolution Agreement, our discussions with former student-athletes and current campus community, and now the report coming from the neutral third-party are providing useful insights. 

    Mistakes made on this campus in the past have had deep and lasting impacts on the lives of members of our community, and for that we are sorry. We have been working over the last three years to make significant changes to better support and protect the welfare of our campus community, and will continue to look for ways to improve.  The leadership team has increased staffing of our Title IX and Gender Equity Office; adopted a well-being attendant policy in the athletics department, introduced robust anti-discrimination prevention and response programs on campus and provided trainings and relevant presentations for staff. Additional information about our Title IX and other anti-discrimination prevention and response programs can be accessed here. The Title IX office is now located in Clark Hall, 1st floor, Room 126. You can contact the Title IX office at titleix@sjsu.edu or at 408-924-7290 (M-F, 8 a.m. - 5 p.m.) and 669-877-0620 (After Hours, Voice/Text).

    A copy of the report can be accessed here [pdf].

    The actions we have taken because of this matter will better strengthen our practices and protocols for the entire Spartan community.  We continue to be committed to fostering equity for our students in an environment conducive to furthering their academic growth and development.  The SJSU leadership team is dedicated to ensuring that our campus is welcoming, inclusive and safe now and in the future.  

    Sincerely,

    Steve Perez
    Interim President

• September 27, 2022 - A message on behalf of the U.S. Department of Justice

  • SJSU Campus Community,
    
    In September 2021, San José State University entered into a Resolution Agreement with the U.S. Department of Justice (DOJ) following an investigation by DOJ’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of California into the University’s response to reports of sexual misconduct and allegations of related retaliation in SJSU’s Athletics Department. Since that time, the University has cooperated with DOJ in its efforts to monitor SJSU’s compliance with the Agreement and federal law. 

    As part of DOJ’s compliance monitoring, we will be on campus October 11 – October 14, 2022.  During the visit, we are interested in hearing from members of the campus community about information related to sex discrimination, experiences with the Title IX and Gender Equity Office, and any other information related to the Agreement reached last September.

    Students, faculty, and staff will be welcome to speak with DOJ during a series of on-campus “office hours.” The “office hours” will take place in Tower Hall, Room 110, at the following times:

    Tuesday, October 11 – 4 to 6 p.m.
    Wednesday, October 12 – 12 to 2 p.m.
    Thursday, October 13 – 5 to 7 p.m.
    Friday, October 14 – 3 to 5 p.m.

    If you are unavailable during these times or prefer to schedule an appointment to meet with a member of our team, you are invited to contact us directly at Community.SJSU@usdoj.gov or 1-833-591-0289.

    Any member of the community who is interested in meeting with DOJ is encouraged to reach out to schedule an appointment or attend “office hours.” All are encouraged to speak candidly; all viewpoints are welcome. SJSU will not be part of any conversations between students and DOJ. 

    We look forward to visiting and engaging with SJSU’s campus community.

    Take care,

    Michelle Tucker
    Annie Parham
    Educational Opportunities Section
    Civil Rights Division
    U.S. Department of Justice

    Sai Mohan
    U.S. Attorney’s Office
    Northern District of California

• September 22, 2022 -  A message from the Interim Title IX & Gender Equity Officer 

  • Dear SJSU,

    With the semester well underway, I wanted to provide you with an update on the Title IX Office. My name is Peter Lim and I have been serving as the Interim Title IX and Gender Equity Officer for SJSU since July 1, 2022. By way of background, I am a member of Cozen O’Connor’s Institutional Response Group, a practice group dedicated to helping educational institutions prevent and respond to sexual and gender-based harassment and violence.  At times, members of our practice group provide short-term support for universities seeking to develop meaningful Title IX programs. I previously served as a senior Title IX Investigator with the University of Pennsylvania and a sexual violence and homicide prosecutor with the Philadelphia District Attorney’s Office.  

    Over the past few months, I have solicited and received feedback from the community through individual and group meetings with students and staff. Through these meetings, I have consistently heard that the Title IX Office must do better. We, as an office, must build a more robust system of care for individuals impacted by and accused of sex- and gender-based harassment and misconduct. I sincerely appreciate the time, engagement, and thoughtful insights provided by the students, faculty and staff who contributed to my understanding of SJSU’s current Title IX program, as well as its culture and climate on sexual and gender based-harassment and violence.  

    I continue to be available to meet with anyone who wants to provide additional feedback on the Title IX Office and its efforts to foster gender equity here at SJSU. Please email me at titleix@sjsu.edu if you would like to schedule a meeting.  

    A few updates on the Title IX Office:

    I am excited to announce that the Title IX Office will be moving to a new location on October 3. The new office will be conveniently located on the first floor of Clark Hall, suite 126 (where the Writing Center used to be located). The new space will have dedicated offices for sensitive meetings and a relatively large common area for trainings, meetings, and events. We hope you will drop by for a visit to check out the new space and meet the team. 

    I am pleased to inform you that the Title IX Office has been out in the community for trainings, meet-and-greets, tabling events, and to provide other forms of educational programming. Since July 21, the Title IX Office has delivered 26 individual trainings, held three tabling events, and participated on a resource panel for students and parents. We welcome all opportunities to meet with interested students and staff either individually or in group settings. If you would like to plan an event or training with the Title IX team, please email us at titleix@sjsu.edu. 

    In the coming weeks, the Title IX Office will be launching a redesigned website that will: 1) be easier to navigate, and 2) include more information on the services we provide. I plan to send you another update shortly after the newly designed website goes live.

    This semester, the Title IX Office will continue its campaign to raise awareness about its services. You should see testimonials and other information about the Title IX Office on LED screens across campus, as well as on social media. We are always looking to improve, so we welcome any feedback on our campaign efforts.

    Our team is growing. I am grateful for the support and resources the university has provided to the Title IX Office, which has enabled us to build a larger team of caring and dedicated professionals. In February, the university selected Karina Hernandez to serve as the Title IX Analyst. In May 2022, the university recruited its former Title IX and Gender Equity Officer, Wendi Liss, to serve as the Interim Deputy Title IX Coordinator.  In July 2022, the university hired Andrew Nguyen to serve in the newly-created position of Title IX Project Manager. In September 2022, after an exhaustive and thorough search, the university hired Mary Keating to serve as a Title IX Investigator.

    In the coming months, the university will commence a national search for a permanent Title IX and Gender Equity Officer. The Title IX Office will make an official announcement before launching the search and all will be invited to provide input on the selection process.

    While it takes time to make positive change, it is my intention to build an office that is approachable and responsive to the community’s needs. I, and we, care about your wellbeing and are here to support you.

    Warmly,
    Peter Lim 

• July 27, 2022 - SJSU and former student-athlete reach mutual settlement

  • San José State University (SJSU) and a former student-athlete have reached a settlement agreement resolving her claims against the university about former athletic trainer Scott Shaw. 

    SJSU contacted current and former student-athletes and encouraged them to step forward if they believed they experienced conduct that may have constituted sexual harassment by Mr. Shaw. SJSU is grateful to this former student-athlete for stepping forward and sharing her experience from 2016.

    SJSU strives to address allegations of sexual misconduct compassionately, respectfully, and seriously. The university is diligently listening and learning from its community and continues to improve its Title IX policies and practices. Our mission is to enrich the academic and personal experiences of the individuals in our community, and that includes safeguarding their wellbeing and ensuring past issues do not reoccur, now or in the future.

    The former student-athlete accepted a settlement figure consistent with other student-athletes who also raised concerns regarding former athletics trainer Scott Shaw and that resolves all of her claims against SJSU. 

• June 7, 2022 - Campus message regarding staffing update in Title IX Office

  • Dear SJSU campus community,

    I am writing to share several updates about the Title IX and Gender Equity Office. Our Title IX and Gender Equity Officer, Skip Bishop, recently decided to return to Sacramento State for family reasons. We will miss Skip, and thank him for his hard work here. Skip’s last day with SJSU is June 30, which will allow for an orderly transition of duties.   

    Peter Lim, who currently serves as SJSU’s Interim Deputy Title IX Coordinator, will assume the role of Interim Title IX and Gender Equity Officer. Peter is already overseeing many of the core functions of the Title IX Office and is a key member of the team that is working to improve and refine our Title IX programs and services. Peter brings a wealth of experience to the role and is a member of Cozen O’Connor’s Institutional Response Group that the CSU has separately engaged to strengthen systemwide implementation of Title IX policies and procedures. Prior to joining the Cozen O’Connor firm, Peter served as a senior Title IX investigator at the University of Pennsylvania and prosecutor in the Special Victims Unit at the Philadelphia District Attorney’s Office. 

    We are immediately initiating a national search for a new Title IX and Gender Equity Officer. We plan to include a wide array of campus constituents in the search process to ensure that we select a caring, compassionate, and qualified candidate who will meet the needs of our diverse campus community. 

    Our Title IX office, staffed by Peter and Title IX Analyst Karina Hernandez, continues to serve our campus community in all respects. We will send you updates about the status of our search for our next Title IX and Gender Equity Officer, and as our Title IX team continues to grow. If you have suggestions about this process, please contact Peter at Peter.Lim@sjsu.edu.  

    Sincerely,

    Steve Perez
    Interim President

• May 20, 2022 - Campus message update regarding Title IX Office

  • Dear San José State campus community,

    As we end the academic year, I want to take the opportunity to provide you with important updates on the university’s Title IX program. Although this is a lengthy email, I feel it is important to be transparent about the progress and challenges we are facing in this crucial office on our campus.

    This past year, San José State took steps to evaluate the sufficiency and effectiveness of its Title IX policies, procedures, and practices, which seek to prevent and effectively respond to sexual- and gender based-harassment and violence. The evaluation has been both illuminating and disheartening. We have also listened carefully to the concerns expressed by Students Against Sexual Assault and are committed to working together with the entire campus community to foster a climate and culture that is supportive of our students, faculty and staff; seeks to hold individuals accountable through fair process; and takes action to remedy the impacts of sexual- and gender-based harassment and violence.

    While there is still significant work ahead, I want you to know that SJSU has invested substantial resources into strengthening its Title IX program and, in particular, enhancing the staffing and resources of the Title IX Office. The university has posted and sought to fill a number of positions within the Title IX Office. Unfortunately, some of those searches have been unsuccessful given a shortage of available qualified candidates, which is challenging many institutions of higher education. We have also encountered challenges filling these traditionally in-person positions, as the nation’s workforce continues to desire hybrid or remote work assignments. We have temporarily contracted with outside firms to help us address the important work of the Title IX office in a timely manner while we continue to work on fully staffing the office.  

    Staffing updates

    I am happy to share that on February 21, 2022, SJSU added a full-time Title IX Analyst, Karina Hernandez, to manage the Title IX Office’s recordkeeping systems; ensure timely responses to, and ongoing correspondence with, parties and witnesses; and assist with the Title IX Office’s education and outreach efforts. 

    To further support Title IX and Gender Equity Officer Skip Bishop, the university engaged an external professional, Peter Lim, to serve as Interim Deputy Title IX Coordinator. Peter is a member of Cozen O’Connor’s Institutional Response Group, a practice group dedicated to helping educational institutions prevent and respond to sexual and gender-based harassment and violence. Peter previously served as a senior Title IX Investigator with the University of Pennsylvania and a sexual violence and homicide prosecutor with the Philadelphia District Attorney’s Office. He brings a wealth of experience, compassion, and organizational skills based on his work with colleges and universities across the country. Peter helps support: 1) the daily operations and core functioning of the Title IX Office; 2) the effective implementation of the university’s Title IX program; and 3) required elements of the resolution agreement with the U.S. Department of Justice (DOJ). He will continue to assist SJSU until we have achieved our full staffing goals. In addition, to ensure the neutrality, impartiality, and timeliness of investigations and hearings, SJSU contracted with trained, external professionals to serve as investigators and hearing officers. This is a common model used across higher education, especially as the Title IX regulations have grown increasingly complex over the past several years. 

    Our work in building a more robust Title IX Office is ongoing. SJSU is currently in the process of hiring additional staffing for the Title IX Office, including two internal Title IX investigators and a program coordinator. We will continue our search for caring, compassionate, and experienced individuals to fill the positions and will keep you informed and updated on our progress along the way. We look forward to welcoming and introducing new team members to the SJSU community.

    Complying with the U.S. Department of Justice (DOJ) resolution agreement

    As you know, in September 2021, following a determination by the DOJ that SJSU failed to comply with certain aspects of its obligations under Title IX, the university signed a resolution agreement with the DOJ and committed to build an effective Title IX system centered on a culture of care and accountability. Additional information about the DOJ investigation and the resolution agreement requirements are available on the Title IX website.  

    SJSU continues to partner with the DOJ to ensure the university is developing a healthy Title IX system through the implementation of the requirements of the resolution agreement. 

    On January 16, 2022, the university provided the DOJ with information on a wide variety of topics, including SJSU’s new Title IX informational materials; available student support services; the Wellbeing Attendant Policy and SJSU’s trainings on the Wellbeing Attendant Policy; and coordination efforts between SJSU Athletics and the Student Health Center. On March 29, 2022, the DOJ provided SJSU with helpful feedback and recommendations. The Title IX Office has, and will continue to, work closely with the DOJ to incorporate their feedback and recommendations into its Title IX program. On March 31, 2022, SJSU also provided the DOJ with its biannual status report that included important updates on reporting numbers, identifiable patterns of behavior, active investigations, Title IX trainings, and SJSU’s prevention and education efforts. The DOJ has provided initial feedback to SJSU’s biannual status report, and we expect additional feedback in the near future. Accountability is critical to building a healthy Title IX system. SJSU is deeply appreciative of the investment by the DOJ and we look forward to our continued partnership with them.  

    What’s next for the Title IX Office

    The Title IX Office’s immediate priorities are understanding community concerns and rebuilding trust among students, staff, and faculty. As a next step, the Title IX Office will be hosting listening sessions during the summer and fall of 2022 to gather information on barriers to reporting, impacts on marginalized and vulnerable communities, the effectiveness of prevention and educational programming regarding sexual- and gender-based harassment and violence, and other topics that are important to you. The Title IX Office will be sending out a schedule for the listening sessions soon. 

    We will continue to provide you with periodic updates on the Title IX Office and the DOJ resolution agreement. We will also be posting updates on our compliance with the resolution agreement on the Title IX Compliance website, and we encourage you to take the time to review those updates. 

    We also are awaiting the outcome of an investigation examining the university’s response during the time frame of these incidents. We are committed to learning from the findings in ways to better ensure campus safety.

    In the meantime, please know the members of the Title IX Office – and SJSU – care deeply about your wellbeing and are available to meet with any SJSU community member who is seeking information about supportive measures, on- and off-campus resources, and reporting and resolution options.  

    You may contact the Title IX Office at:

    Skip Bishop, Title IX and Gender Equity Officer
    Administration Building Room 112 
    One Washington Sq
    San Jose, CA 95192
    (408) 924-7290 (M - F, 8AM to 5PM)
    (669) 877-0620 (After hours, voice/text)
    TitleIX@SJSU.edu

    Sincerely,

    Steve Perez
    Interim President

• May 11, 2022 - Statement from SJSU regarding SASA press conference

  • San José State University strongly condemns sexual- and gender-based harassment, violence and assault. While the university is meeting the obligations established under the Resolution Agreement with the Department of Justice, more work remains. We have increased staffing in the Title IX and Gender Equity Office while acknowledging that additional hiring is necessary to provide an optimal experience for students, faculty and staff. Our primary obligations are:

    ● Providing robust prevention and education programming;
    ● Ensuring that any person who reports potential misconduct receives timely support and resources;
    ● Launching investigations that are prompt, equitable, and thorough; and,
    ● Holding accountable those who have breached policy.

    We are able to meet those responsibilities now and will continue to build our internal capacity over the coming months. Over the past year, there have been fewer than 10 requests for investigations. While handling these primary obligations, the Title IX and Gender Equity Office has also been meeting with campus stakeholders to understand community concerns, explore barriers to reporting, assess impacts on marginalized and vulnerable communities, and learn other ways in which SJSU can better serve its community.

    We are committed to providing a healthy and safe campus environment, free from all forms of discrimination, harassment, and retaliation. 

• March 10, 2022 - Statement from SJSU regarding charges against former Director of Sports Medicine Scott Shaw

  • 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.

• February 7, 2022 - Statement from SJSU

  • Over the past year, San José State University (SJSU) has ushered in a new leadership team, including an interim president, a Title IX and gender equity officer, and an athletics director. Substantial improvements are underway to the university’s Title IX program due to valuable input from the Department of Justice (DOJ), conversations and agreements with employee plaintiffs and -- most importantly -- the victims of sexual harassment. Although the university cannot undo the breach of trust of the past, we are committed to implementing the lessons learned from these experiences. Our goals are clear: we must create a safe, supportive environment for students and a culture where those who have experienced harassment or suspect misconduct are heard. 

    SJSU's new leadership team, along with additional resources, are strengthening the university's Title IX programming, resources and support services:

    ● The Title IX Office has received a significant increase in funding to enhance response to reports of sex discrimination and harassment, develop informational materials, and conduct outreach to the SJSU community;

    ● SJSU has launched a new Wellbeing Attendant (chaperone) Examination and Treatment Policy to ensure both that student-athletes and sports medicine staff have a right to request that a Wellbeing Attendant be present for any type of sports medicine treatment, and that they understand this right;

    ● SJSU is enhancing education and orientation programs focused on sexual assault prevention, reporting options, and resources for survivors, witnesses, and bystanders;

    ● SJSU implemented “Spartan Speaks,” an anonymous reporting system for student-athletes and staff in the athletics department to confidentially share information, concerns; and

    ● The university is launching a campus-wide communications and awareness program about sex and gender-based harassment and discrimination to educate students, staff and faculty about university policy, resources and how to report concerns or complaints. 

    As noted in the DOJ's Resolution Agreement, SJSU has fully cooperated with, and worked in good faith to respond to, the Department’s requests for information. The university continues to implement the changes required under the terms of the resolution agreement.

    Additionally, SJSU has reached an agreement with more than two dozen student-athletes and employees who had filed claims against the university. 

    Furthermore, even as we await the findings of an outside investigation by the Chancellor’s office, we are taking action now. Any future allegations of misconduct or retaliation will be taken seriously. Any emerging claims will be investigated and addressed, consistent with university policy, and appropriate action will be taken promptly. 

    About New SJSU Leadership

    In November of 2021, SJSU welcomed its new Title IX and Gender Equity Officer, Skip Bishop, who is responsible for overseeing compliance with, and implementation of, all Title IX-related policies, grievance procedures and training, and to grow the Title IX office.

    Athletics Director Jeff Konya came to SJSU in June 2021 from Northeastern University in Boston, where he was a two-time Under Armour NACDA Athletics Director of the Year (2016-17, 2020-21), making him one of just four Athletic Directors in DI-AAA in the history of the award to earn AD of the Year twice in a four-year span.

    Dr. Stephen Perez assumed the position of Interim President of San José State University on January 3, 2022. President Perez looks forward to guiding SJSU along the upward trajectory it has experienced in recent years. “I’m ready to roll up my sleeves and get started on supporting our mission, our students, each other and our region,” says Perez.

• January 9, 2022 - SJSU leadership's statement about Coach Hopkins 

  • Dear Campus Community,

    As we prepare for a new year, we want to take this moment to first look back and acknowledge and applaud Head Swimming and Diving Coach Sage Hopkins for his steadfast commitment to student-athlete health and welfare. As a community, we owe him a sincere debt of gratitude.

    We thank Coach Hopkins for the courage he demonstrated advocating for the safety of SJSU student-athletes and his perseverance in reporting the mistreatment of student-athletes by former SJSU Athletics Trainer, Scott Shaw. His efforts spurred a robust resolution agreement that strengthened the university’s Title IX program and helped build a better environment in which all members of the community feel safe and free from retaliation. We are also deeply sorry that Coach Hopkins’ advocacy was not heard and acted upon earlier. His difficult path involved great personal sacrifice. On behalf of our community, we thank him for his commitment to doing the right thing. We are pleased that Coach Hopkins has agreed to continue in his leadership role with the same unwavering courage moving forward.

    The new year brings incredible opportunities for the campus community to work together and continue to move forward. As new leaders on campus, we both came here to work alongside the many people at this great university and in our community who have built a proud history and realize an even greater future. We are committed every day to supporting our students, our campus community, and our broader Silicon Valley community. We will continue the efforts to rebuild the trust and respect that our great university and its community deserves.

    Sincerely,

    Steve Perez
    Interim President

    Jeff Konya
    Athletics Director

• November 29, 2021 - Notification to former and current student-athletes

  • Letter to former student-athletes [pdf]

    Letter to current student-athletes [pdf]

• November 19, 2021 - SJSU and former student-athletes reach mutual settlement

  • San José State University (SJSU) and 15 former student-athletes who were sexually harassed by athletics staff announced today that a mutual settlement has been reached.   

    “Through this process these brave young women have inspired change and given courage to other students across the country to speak up and report incidents through every available channel. Their actions have brought about institutional changes to ensure effective responses to allegations of sexual harassment at the University, which we hope will be embraced by other universities across the country,” stated Shounak Dharap, an attorney for the former student-athletes. “While nothing can undo their painful experiences, these women are grateful for the opportunity to speak openly with President Papazian and reach a resolution that allows them to move forward and will empower others to do the same.”

    “I thank our student-athletes for bravely sharing their painful experiences with me and other SJSU and CSU leaders,” stated SJSU President Mary Papazian. “We deeply apologize to our students and their families for the heartbreaking breach of trust that they experienced. As a campus, we are making significant changes to improve the safety and wellbeing of our entire SJSU community to ensure that nothing like this ever happens again.” 

    The settlement amount that will be paid to the student-athletes is approximately $3.3 million to be divided among them. 

    More information can be found on the SJSU FYI site. 

• September 21, 2021 - DOJ Title IX Compliance Review of Athletics released

  • This morning, the Department of Justice (DOJ) released the findings from its review of Title IX compliance in SJSU’s Athletics Department. SJSU cooperated fully with the DOJ’s review. SJSU looks forward to partnering with the DOJ to build a stronger Title IX program that addresses the needs of our campus community and complies with the evolving regulatory landscape.

    The findings released today by the DOJ are similar to the recent findings of SJSU’s external investigation into the allegations surrounding former Director of Sports Medicine Scott Shaw announced earlier this year. 

    The investigation was conducted by an external investigator and supervised by the California State University (CSU) Systemwide Title IX Compliance Officer. In April 2021, the investigation concluded that the 2009 allegations of improper touching during physical therapy were substantiated, as were more recent allegations raised in the course of the investigation. The investigation also concluded that the conduct at issue violated the university’s policies in effect at the time of the conduct.

    We thank all the individuals who courageously came forward during the investigations. To the affected student-athletes and their families, we deeply apologize. 

    Based on the findings of the university’s external investigation and the DOJ findings, President Papazian has taken the following action steps:

    • SJSU restructured and expanded its Title IX office, including the addition of new Title IX experts.

    ◦ The team, among others, will include an experienced Title IX and Gender Equity Officer (“Title IX coordinator”), responsible for overseeing compliance with, and implementation of, all Title IX-related policies, grievance procedures, and training at SJSU. The Title IX coordinator will oversee the deputy Title IX coordinator and other Title IX personnel and liaisons. 

    ◦ The Title IX Office has received a significant increase in funding to: recruit and hire a new Title IX coordinator, deputy Title IX coordinator, a minimum of two qualified Title IX investigators and an administrative assistant; enhance response to reports of sex discrimination; develop informational materials; and conduct outreach to the SJSU community.

    • SJSU has launched a new Wellbeing Attendant (chaperone) Policy to ensure both student-athletes and sports medicine staff have a right to request that a Wellbeing Attendant be present for any type of sports medicine treatment.

    • SJSU is enhancing education and orientation programs focused on sexual assault prevention, reporting options, and resources for survivors, witnesses, and bystanders.

    As we move forward, SJSU will continue to work in collaboration with the DOJ and the CSU Chancellor’s Office to implement recommendations for advancement and improvement. SJSU also will take appropriate action when the findings from the external Title IX Procedural Response and other related investigations are concluded. 

    The health and safety of our campus community remains our top priority. We will continue to learn from the past so we never repeat it. We will remain transparent and share new information through the SJSU FYI site. For more detailed information, please see our FAQ.

    ---

    Department of Justice documents

    • Letter of Findings [pdf]
    • Resolution Agreement [pdf]
    • Summary of Resolution Agreement [pdf] 

• August 16, 2021 - Wellbeing Attendant Policy

  • In the April 15 open letter to the campus community, President Papazian referenced a chaperone policy to be finalized no later than fall 2021. The Wellbeing Attendant Policy [pdf]*, developed by the Athletics Department, in conjunction with the Student Health Center and the Title IX Office, is now in effect.

    Wellbeing Attendant Policy poster [pdf]*

    *Updated September 7, 2022

• June 12, 2021 - Jeffrey Konya named director of athletics

  • San José State University President Mary Papazian has named Jeffrey (Jeff) Konya the university’s fifteenth director of athletics. Konya will be responsible for athletics department stewardship, effective July 12. Konya succeeds former Athletics Director Marie Tuite.  

    “Jeff brings over two decades of leadership and award-winning collegiate athletics administrator experience,” stated President Papazian. “We are confident that Jeff’s commitment to student success, integrity, and innovation will continue to increase our students’ academic accomplishments, cement an inclusive and equitable culture, and position Spartan Athletics as a leading department known for creativity and excellence.”

    “I am incredibly honored to be selected to lead the Spartans. I want to express my sincere appreciation to President Papazian, the SJSU search committee, and TurnkeyZRG for being given this wonderful opportunity,” stated Konya. “I am truly inspired by President Papazian’s vision for San José State University. I am excited by the role athletics can play in furthering that vision.” 

    Konya comes to SJSU from Northeastern University in Boston, where he was a two-time Under Armour NACDA Athletics Director of the Year (2016-17, 2020-21) making him one of just four Athletic Directors in DI-AAA in the history of the award to earn AD of the Year twice in a four-year span. Under Konya's leadership, Northeastern Athletics worked with the student-athletes to form the first-ever Black Athlete Caucus. The NUBAC was established to represent the voice of and bring exposure to the Black Athletic community on campus. 

    Konya also served on the first-ever college hockey National Social Justice Committee and oversaw the Huskies entry into Esports as a varsity program. As the first New England area Division I institution to join the Esports Collegiate Conference (ESC), the Huskies competed in four games - Overwatch, League of Legends, Rocket League and Hearthstone – and the Hearthstone team finished the season ranked No. 2 in the country.

    Traditional collegiate programs at Northeastern also benefited with Konya at the helm. The ice hockey programs maintained their national relevance, men's basketball earned its fourth CAA regular-season championship in 2020-21, men's cross country won its first-ever CAA title in 2021, and women's basketball made its first-ever appearance in the WNIT in 2019. 

    Konya achieved great success in competition and in the classroom while athletic director at Oakland University. During his tenure there, the university was a three-peat winner of the Horizon League's McCafferty Trophy (2015, 2016 & 2017), amassed 22 Horizon League championships since 2014, including a men's basketball title in 2017 and led the Horizon League in Academic All-League and Honor Roll selections from 2014 to 2017, with his student-athletes posting a record 3.30 collective grade point average in 2017.

    Further, he spurred innovation across the athletic department by increasing external financial support by 60 percent and sponsorship support by 90 percent, introducing new digital media packages for fans, increasing attendance at men's basketball game attendance to set new ticket revenue records, and launching a branded all-sports rivalry with the University of Detroit-Mercy, called the Metro Series. The Rochester Area Chamber recognized the athletic department with its Innovative Culture award in 2016.

    In addition to his duties at Oakland, Konya served as chair of the Horizon League Executive Council and is a member of the NCAA Division I Women's Basketball Committee.

    As athletic director at California State University, Bakersfield, a member of the NCAA Division I Western Athletic Conference, Konya spearheaded fundraising efforts for multi-million-dollar facility additions and improvements, including a year ranked No. 1 nationally in fundraising compared to peer I-AAA institutions. Konya orchestrated a rebranding of the athletic department and, under his direction, the university's athletic marketing team was named a NACMA Division I Marketing Team of the Year finalist. During his tenure at CSU Bakersfield, men's and women's basketball programs both earned postseason bids, baseball twice ranked in the top 25 nationally, and the volleyball and men's basketball teams earned perfect NCAA Academic Progress Rate scores.

    As senior associate athletic director at Southern Methodist University, Konya served as sport administrator for the men's and women's basketball programs, supervised all marketing efforts and game-day activities, and managed NCAA compliance. During his SMU tenure, the women's basketball team won the Conference USA tournament and advanced to the NCAA tournament.

    Konya began his athletic administration career in 1996 at the University of Iowa, and worked in positions of increasing responsibility at the University of South Dakota, Bucknell University, the University of Texas San Antonio, and the University of Memphis.

    He received his juris doctorate with honors from the University of Iowa College of Law and earned a bachelor's degree in politics from Princeton University, where he was a member of the football team.

    Konya’s hiring marks the conclusion of an extensive nationwide search led by President Papazian, who named a search committee to research, interview, and evaluate a diverse and innovative group of collegiate athletics administrators. The search committee was chaired by Vice President for Strategy and Chief of Staff Lisa Millora and included Faculty Athletics Representative and chair of the kinesiology department Tamar Semerjian; Super Bowl-winning wide receiver, NFL Network Analyst, and SJSU alumnus James Jones; and Chief Financial Officer and Vice President for Administration and Finance Charlie Faas.

    TurnkeyZRG was retained to help President Papazian and the search committee in strategic search planning and management areas, including application, evaluation and review processes, background checks on potential candidates, and vital SJSU internal and external stakeholder and constituent information gathering. TurnkeyZRG Managing Director Chad Chatlos led the collaborative effort. Chatlos specializes in senior executive searches across the sports industry with a focus on roles in the ever-changing landscape of intercollegiate athletics.

    # # #

    Quotes from College Athletics on the SJSU Hire of Jeffrey Konya as AD

    “I have worked with and known Jeff for many, many years. I can tell you he will instantaneously make any athletics program better in the way he thinks, acts and leads. The coaches will love him. This is a fantastic hire for the Spartans.”

    John Calipari, Head Men’s Basketball Coach at the University of Kentucky

    "Congratulations to Jeff Konya on being named Director of Athletics at San Jose State University. Jeff is dedicated to the student-athlete experience, understand the needs of coaches, and he values the important role college athletics plays in higher education. He is an outstanding leader and communicator that values relationships with all. I am so very happy for the Spartans on an outstanding hire."

    Jeff Capel, Head Men’s Basketball Coach at the University of Pittsburgh

    “Jeff is an experienced and transformational leader who will inspire excellence for San Jose State athletics. He is well respected for his ability to hire excellent coaches, innovate, build community and provide a first-class experience for student-athletes. His vision will take the Spartans to the next level.”

    Jen Cohen, Athletics Director at the University of Washington

    “San Jose St. has aligned itself with one of the most energetic forward-thinking leaders in intercollegiate athletics. Jeff is a true difference maker that has consistently overseen and implemented impactful change. His transformative ambition will be a true asset to the Spartan’s athletic department as well as the entire San Jose St. community.”

    Joe D’Antonio, Commissioner, Colonial Athletic Association (CAA)

    “Jeff Konya is a terrific hire for SJSU. He was instrumental to our success at SMU and understands the ins and outs of the game. Coaches and student-athletes will love working with him and there’s no better person to lead the Spartans into the future.”

    June Jones, Former NFL Head Coach, Former Head Football Coach at the University of Hawaii and SMU

    “This is great news for San Jose State University. Jeff is a strong and dynamic leader and a phenomenal person who has a proven ability to build programs to new levels of excellence. I especially appreciate his focus on student-athlete well-being. He’s one of the good guys in the business and I know he’ll accomplish great things in San Jose.”

    Candace Storey Lee, Athletics Director at Vanderbilt University

• May 22, 2021 - Interim AD appointed and search committee announced

  • San José State University President Mary Papazian has named CFO and Vice President for Administration and Finance Charlie Faas as its interim director of athletics. Faas will be responsible for stewarding the athletics department until the university names its 15th Director of Athletics.

    “Charlie Faas is a strong leader with professional integrity,” stated President Papazian. “His sports and business acumen will help us maintain forward progression during this transition. We are grateful for his teamwork.”

    Faas has working knowledge of the athletics department, playing instrumental roles in the development of the Spartan Athletics Center and South Campus renovations. As CFO, Faas leads SJSU’s financial, administrative and business functions. This includes Administration and Finance, Facilities Development and Operations, the University Police Department, and Spartan Shops. Faas is the chair of the Board of Directors of the San Jose Sports Authority. He served as executive vice president and CFO for Sharks Sports & Entertainment and CEO of the USA Pavilion at Expo Milano. In addition, he has held senior roles with numerous entities in Silicon Valley and New York, including IBM.

    President Papazian has also formed a search committee chaired by Vice President for Strategy and Chief of Staff Lisa Millora, Faculty Athletics Representative and chair of the kinesiology department Tamar Semerjian, Super Bowl-winning wide receiver, NFL Network Analyst and SJSU alumnus James Jones, and Faas. The President and search committee will work collaboratively with TurnkeyZRG, led by Managing Director Chad Chatlos, in a national search for its next Director of Athletics. Chatlos specializes in senior executive searches across the sports industry with a focus on roles in the ever-changing landscape of intercollegiate athletics.

    “I am confident in this diverse group of leaders who represent our cabinet, faculty, alumni, and collegiate athletics to evaluate the finest candidate to lead the Spartans,” stated President Papazian. “Together we will identify an athletics director who will continue to build competitive programs, increase academic success, positively represent our community, and build an inclusive, equitable and sustainable culture for our student-athletes, coaches and staff.”

    TurnkeyZRG will support the President and the search committee in strategic search planning and management areas, including application, evaluation and review processes, background checks on potential candidates, and vital SJSU internal and external stakeholder and constituent information gathering.

• May 21, 2021 - Marie Tuite steps down as director of athletics

  • San José State University President Mary Papazian has met with Director of Athletics, Marie Tuite, about the future leadership of the Athletics Department and agreed that Ms. Tuite will step down from her current role.

    “My tenure as the Athletics Director at SJSU has been one of my greatest joys and accomplishments,” stated Ms. Tuite. “I am proud to have worked alongside many incredible coaches, administrators and educators as we built world-class facilities and won conference championships, but nothing will ever compare to seeing the success of thousands of student-athletes who have competed and graduated as Spartans.”

    Effective immediately, Ms. Tuite will transition to the role of special director of external relations and capital project development. Her responsibilities will include increasing financial support for the athletics department, with an emphasis on a variety of facilities on the South Campus.

    “I love San José State University and I am committed to its mission. My new role allows me to continue this important work, and I am grateful for the opportunity to do so,” stated Ms. Tuite.

    In 2019, President Papazian requested an external investigation into allegations of misconduct in 2009 by Scott Shaw, SJSU’s former director of sports medicine. The 2009 allegations of improper touching during physical therapy were substantiated, as were more recent allegations raised in the course of the investigation.  The investigator concluded that the conduct at issue violated the university’s policies in effect at the time of the conduct. The investigation was conducted by an external attorney investigator and was supervised by the CSU Systemwide Title IX Compliance Officer. The findings are now final.

    In response to the finding Ms. Tuite stated, “As a leader, I am deeply sorry our student-athletes were impacted by Scott Shaw. I will continue to fully cooperate with any and all investigations. My key objective here is to let our community heal.”

    In 2020, President Papazian requested an external Title IX Procedural Response Investigation to answer questions about the original 2009 investigation and how the university responded to the findings. At the conclusion of that investigation, President Papazian pledged to, “hold ourselves accountable, make necessary changes, and continue to share our progress with the SJSU community.  She added, “accountability, action, and transparency are critical to rebuilding trust.”

    Ms. Tuite began her tenure at San José State University in 2010, shortly after the conclusion of the initial Shaw investigation. Following seven years of university service in several executive athletics administration positions, she was promoted to the position of director of athletics. As of May 21, 2021, Ms. Tuite was one of 13 women athletics directors at an NCAA Division I Football Bowl Subdivision (FBS) institution.

    San José State University has made many strides in the department of athletics over the past several years, including increasing competitiveness in all sports both in conference play and nationally. During the 2020-2021 academic year, the football and women’s tennis teams won their conference championships. Several other teams, such as women’s and men’s water polo and men’s soccer, finished with high national or conference rankings. The department’s overall Academic Progress Rate (APR) has grown with a 65% increase in the number of student-athletes who earned President’s Scholar and Dean’s Scholar honors. The department also received some of the largest philanthropic gifts over the last several years.

    Read President Papazian’s open letter to the campus community on April 15, 2021.

    Read a detailed document with frequently asked questions (FAQ) regarding the investigation into Scott Shaw, former director of sports medicine. The FAQ will be updated as necessary.

    Read a summary of the results [pdf] of the 2019 external investigation into Scott Shaw, former director of sports medicine.

• April 15, 2021 - President Papazian's open letter to campus community

  • Dear students, faculty and staff,

    The safety and well-being of our community are of paramount importance at SJSU. These are obligations we owe to each and every one of our students. Unfortunately, we have not always lived up to those expectations.

    As many of you know, in December 2019, I requested an external investigation into allegations of misconduct in 2009 by Scott Shaw, SJSU’s former director of sports medicine. Today, I am sharing the results of that investigation with you. The 2009 allegations of improper touching during physical therapy were substantiated, as were more recent allegations raised in the course of the investigation. The investigator concluded that the conduct at issue violated the university’s policies in effect at the time of the conduct. The investigation was conducted by an external attorney investigator and was supervised by the CSU Systemwide Title IX Compliance Officer. The findings are now final. More information about the findings can be found on the SJSU FYI site [pdf].

    To the affected student-athletes and their families, I apologize for this breach of trust. I am determined that we will learn from the past and never repeat it. We all need answers to questions about the original 2009 investigation and whether the university properly responded to subsequent concerns about that process. A new investigation, described below, will help us identify issues that must be addressed and improvements that should be made. This new investigation will be conducted by an external investigator and overseen by Systemwide Human Resources in the Chancellor’s Office. We will not, however, wait for that process to conclude before taking action. To that end, we are taking the following steps effective immediately:

    Accountability & Facts
    • The new investigation is underway to determine the adequacy of the 2009 investigation and whether the university properly responded to subsequent concerns about that original investigation. I encourage anyone with relevant information to share their concerns with the external investigator, Elizabeth V. McNulty, who can be reached directly at 949-399-5026.
    • Individuals with questions, concerns or reports about any Title IX issues (such as sexual misconduct or other discrimination or harassment based on sex, gender or gender identity) should contact Wendi Liss at 408-924-7289 or Jenny Harper at 408-924-7288 in the Title IX Office[BROKEN LINK] or titleix@sjsu.edu. [Update - November 1, 2021: Jenny Harper and Wendi Liss have since left SJSU to pursue other opportunities.]

    Policy & Staffing
    • The Athletics Department, in conjunction with the Student Health Center and the Title IX Office, is finalizing a new sports medicine chaperone policy, which will be implemented no later than Fall 2021.
    • We are adding resources to and restructuring the Title IX Office.
    • We are increasing confidential support resources, including a full-time campus survivor advocate, before the start of the fall semester.

    Training & Education
    • We will enhance education and orientation programs focused on sexual assault prevention, reporting options, and resources for survivors, witnesses, and bystanders.
    • Education will be provided to student-athletes, practitioners, and chaperones to ensure all persons involved in medical, physical therapy, and training sessions share a common understanding of what is expected.

    Culture & Communication 
    • We are responding to findings related to Title IX from the 2020 Belong@SJSU campus climate survey, geared towards improving awareness of resources, reporting options and empowering our students to come forward.
    • We will initiate an awareness and information campaign to encourage our student-athletes, coaches, and staff in the Department of Athletics to use Spartan Speaks – SJSU Athletics’ anonymous reporting tool.
    • We will provide user-friendly access to information about student rights and resources.
    • We will communicate updates and next steps across campus and throughout the San José State community.

    Accountability, action, and transparency are critical to rebuilding trust in the face of troubling events like these. You have my promise that as we go through this difficult process and move forward together, we will hold ourselves accountable, make necessary changes, and consistently share our progress with the SJSU community.

    Mary A. Papazian, Ph.D.
    President

Frequently Asked Questions

Department of Justice (DOJ) Title IX Compliance Review of Athletics Department

• Did SJSU cooperate in the DOJ review?

  • San José State University has cooperated fully with the Department of Justice (DOJ)’s review of Title IX compliance in the Athletics Department.

    SJSU looks forward to partnering with the DOJ to build a stronger Title IX program that addresses the needs of our campus community and complies with the evolving regulatory landscape.

• Does SJSU agree with the findings?

  • The DOJ findings are similar to the recent findings of SJSU’s external investigation into the allegations surrounding former Director of Sports Medicine Scott Shaw announced earlier this year. The DOJ cites extensively and relied upon the SJSU 2020-2021 external investigation. 

    That investigation was conducted by an external investigator and supervised by the California State University Systemwide Title IX Compliance Officer. In April 2021, the investigation concluded that the 2009 allegations of improper touching during physical therapy were substantiated, as were more recent allegations raised in the course of the investigation. The investigation also concluded that the conduct at issue violated the university’s policies in effect at the time of the conduct. 

    As a result of the findings of the 2020-2021 external investigation, SJSU launched the Title IX Procedural Response Investigation, to examine the adequacy of the 2009-2010 investigation and how the university responded to the findings and subsequent concerns about the original investigation. This investigation is ongoing.

• What is being done to improve the Title IX office?

  • Based on the findings of the university’s external investigation and the DOJ findings, President Papazian took the following action steps:

    • SJSU restructured and expanded its Title IX office, including the addition of new Title IX experts.

    ◦  The team, among others, will include an experienced Title IX and Gender Equity Officer (“Title IX coordinator”), responsible for overseeing compliance with, and implementation of, all Title IX-related policies, grievance procedures, and training at SJSU. The Title IX coordinator will oversee the deputy Title IX coordinator and other Title IX personnel and liaisons. 

    ◦  The Title IX Office has received a significant increase in funding to: recruit and hire a new Title IX coordinator, deputy Title IX coordinator, a minimum of two qualified Title IX investigators and an administrative assistant; enhance response to reports of sex discrimination; develop informational materials; and conduct outreach to the SJSU community.

    • SJSU has launched a new Wellbeing Attendant (chaperone) Policy to ensure both student-athletes and sports medicine staff have a right to request that a Wellbeing Attendant be present for any type of sports medicine treatment.

    • SJSU is enhancing education and orientation programs focused on sexual assault prevention, reporting options, and resources for survivors, witnesses, and bystanders.

    • The Title IX Office has developed new informational materials, revised its intake process, developed new operating protocols which they are finalizing with the partnership of the Department of Justice.

    Current information about SJSU’s Title IX work can be found on the Title IX website.

• How does SJSU respond to the DOJ finding that SJSU was aware of inappropriate touching in 2009 and did not adequately respond?

  • We all share the concerns going back to 2009. SJSU’s Human Resources Department and campus police conducted initial investigations in 2009-2010. It was determined at the time that there was no wrongdoing.

    The DOJ finding furthers our need for answers to questions about the original 2009-2010 investigation, and how the university responded to those findings, which is why SJSU and President Papazian launched an external Title IX Procedural Response Investigation. The investigation is currently ongoing.

    We thank all the individuals who courageously came forward during the investigations. To the affected student-athletes and their families, we deeply apologize. 

• As part of the resolution agreement, the DOJ has requested that SJSU contact all female intercollegiate athletes from August 2006 to August 2020 and offer supportive measures and remedies to all individuals found to have been subjected to sexual harassment by Scott Shaw. What is the status of these requirements?

  • SJSU continues to cooperate with the DOJ and will, according to the terms of its agreement, contact all female intercollegiate athletes from August 2006 to August 2020.

    SJSU contacted all student-athletes in November 2021.

• Is it true that approximately 1,000 female student-athletes could have been exposed to treatment by former Athletic Trainer Scott Shaw?

  • SJSU’s investigation and DOJ’s review identified 23 individuals who were inappropriately touched by Shaw.

• How many students were identified through the DOJ review and SJSU investigations? 

  • SJSU’s investigations and DOJ’s review identified 23 individuals who were inappropriately touched by Shaw. The DOJ offered $125,000 to the 23 people who participated in an SJSU investigation or the DOJ review. Of the 23 individuals, 13 have accepted the offer, which will be paid by SJSU.

• Will student fees or funding for employment be used to make payments under the Resolution Agreement?

  • Payments made under the Resolution Agreement will not come from student fees. Nor will the payments impact funding for employment.

• What is SJSU doing about retaliation found by the DOJ?

  • Allegations of retaliation are currently part of ongoing litigation or related investigations. The university does not typically comment on details of pending litigation or other complaints by or against employees (including complaints of retaliation). 

• What is next for SJSU with the DOJ and other investigations? 

  • The health and safety of our campus community remains our top priority. We will continue to learn from the past so we never repeat it.  

    As we move forward, SJSU will continue to work in collaboration with the DOJ and the California State University Chancellor’s Office to implement recommendations for advancement and improvement. 

    SJSU also will take appropriate action when the findings from the external Title IX Procedural Response and other related investigations are concluded. 

    We will remain transparent and share new information through the SJSU FYI site. 

• The DOJ states that, in some cases, the 2020-2021 external investigation “falls short.” What is SJSU’s response? 

  • The information from the 2020-2021 external investigation is cited extensively and relied upon in the DOJ’s Letter of Findings. The conclusion they reached is similar to the 2020-2021 external investigation.

    It is important to understand that the 2020-2021 investigation was conducted by an external attorney investigator whose scope was to reinvestigate the allegations from 2009-2010. The findings of that investigation concluded that the 2009 allegations of improper touching during physical therapy were substantiated, as were more recent allegations raised during the investigation. The investigator also concluded that the conduct at issue violated the university’s policies in effect at the time of the conduct.

    As a result of the findings of the 2020-2021external investigation, SJSU launched the Title IX Procedural Response Investigation, to examine the adequacy of the 2009-2010 investigation and how the university responded to the findings and subsequent concerns about the original investigation. This investigation is ongoing.

2009-10 Investigation: Former Director of Sports Medicine, Scott Shaw, and the SJSU Athletics Department 

• What do we know about the 2009-2010 investigation into the former Director of Sports Medicine Scott Shaw?

  • The following timeline reflects our current understanding.

    December 2009: SJSU Women’s Head Swimming and Diving Coach Sage Hopkins reported to SJSU administrators that students on his team had reported to him that during physical therapy sessions [then] SJSU Head Athletic Trainer Scott Shaw sometimes touched their breasts (under the bra) when treating shoulder injuries and/or touched their bikini line when treating back or hip injuries.

    December 2009: Coach Hopkins reported what he learned to his supervisor, Jody Smith, assistant athletics director for events and facilities, and to Athletics Director Tom Bowen. 

    December 2009: Tom Bowen requested Sage Hopkins report the facts to Arthur Dunklin, SJSU’s equal opportunity manager. 

    December 2009: Arthur Dunklin, SJSU’s equal opportunity manager, initiated an internal investigation. The investigation included interviews with 14 female student-athletes, one male student-athlete, two SJSU trainers, and Scott Shaw. 

    December 2009: The SJSU Police Department received a report regarding inappropriate touching during physical therapy sessions by then SJSU Head Athletic Trainer Scott Shaw and conducted interviews regarding the allegations. No charges were filed against Scott Shaw.

    May 2010: Arthur Dunklin, SJSU’s equal opportunity manager, concluded the investigation. The investigation found no violation of university policy because the alleged improper touching was determined by Arthur Dunklin to be a form of pressure or trigger point therapy which is “a bona fide” means of treating muscle injury.

Timeline of President Papazian's actions regarding former Director of Sports Medicine, Scott Shaw, and the SJSU Athletics Department 

• When did President Papazian hear about the 2009 allegations involving former Director of Sports Medicine Scott Shaw? 

  • In December of 2019, President Papazian learned of a nearly 300-page packet of emails and notes that was circulated to the NCAA and Mountain West Conference by an SJSU coach concerning alleged misconduct by Shaw in 2009. Although President Papazian had been told by Human Resources in 2016 that the allegations had been investigated and not substantiated, she had many unanswered questions, so she promptly reopened the matter. In January 2020, SJSU hired an independent investigator, and President Papazian asked the California State University systemwide Title IX Coordinator to oversee the investigation. 

    In connection with that investigation, President Papazian reviewed materials, including a 2016 email, that she had received her first week on campus from outgoing Interim SJSU President Sue Martin. Sue Martin’s email noted a variety of workplace employment concerns about the athletics department and referred to a complaint about Shaw that had been investigated years before. President Papazian did not recall that reference to Shaw until she reviewed Martin’s 2016 email.

• What did President Papazian do in response to Sue Martin’s 2016 email about the athletics department?

  • In response to Interim SJSU President Sue Martin’s email describing the employee conduct and workplace concerns, President Papazian called for a review of the athletics department by Associate Vice President, Human Resources, Beth Pugliese. Beth Pugliese was the administrator responsible for responding to employee conduct and workplace concerns, and she conducted a climate review of the athletics department.

• What were the results of the climate review conducted by Associate Vice President, Human Resources, Beth Pugliese? 

  • In 2017, following the conclusion of the climate review: 

    Athletics Director Gene Bleymaier’s five-year contract was set to conclude in June 2017. In February 2017 his management duties were reassigned to focus primarily on capital fundraising for the remainder of his time at SJSU.

    The University offered training for coaches and athletics staff on a variety of topics including compliance, academics, unconscious bias, and Title IX. These trainings focused on improving climate and reporting on Title IX and general overall equity issues in athletics and within the athletics department.

    2017: The university conducted a national search for a new athletics director. The search was chaired by Annette Nellen, professor of accounting and finance, and long-term chair of the Athletics Board. Other members of the committee included Stefan Frazier, then associate professor of linguistics and language development, and vice chair of the SJSU Academic Senate; Walt Jacobs, dean of the College of Social Sciences; Jaye Bailey, then vice president for organizational development and chief of staff; Paul Lanning, then vice president for university advancement and CEO of the Tower Foundation board of directors; and Andy Feinstein, then provost and senior vice president for academic affairs.

    2017: Marie Tuite served as interim athletics director from February 9, 2017 until May 17, 2017, when she was named as the new director of athletics. 

• After the conclusion of the 2009-2010 investigation, Sage Hopkins continued to address concerns about Scott Shaw to multiple SJSU administrators. Why did it take 10 years to reopen the 2009-2010 investigation? 

  • When the original 2009-2010 investigation concluded, in accordance with policy and privacy considerations, the complainant - a student-athlete at SJSU, the respondent - then SJSU Head Athletic Trainer Scott Shaw, and the administrators with a need to know, were informed of the findings. No appeals were filed. 

    To the best of SJSU’s current leadership’s knowledge, prior to 2019, neither Coach Hopkins nor any other person reported allegations of additional instances of inappropriate touching of student-athletes by the former Director of Sports Medicine, Scott Shaw. As the 2009-2010 investigation into the 2009 allegations was completed and closed, there was no additional investigation between 2009-2019.

President Papazian launches 2019 external investigation into former Director of Sports Medicine, Scott Shaw

• Why did President Papazian reopen the investigation into the former Director of Sports Medicine Scott Shaw?

  • From 2009 to 2019, during the tenures of five SJSU presidents and three directors of athletics, the 2009-2010 investigation into the former Director of Sports Medicine, Scott Shaw, which had been concluded consistent with university policy and process, therefore remained closed.

    It was not until December 2019 that President Papazian understood there were concerns that the previous investigation may have been inadequate. For that reason, President Papazian launched a new external investigation into the allegations that former Director of Sports Medicine Scott Shaw had inappropriately touched student-athletes during physical therapy.

• Who conducted the 2019 external investigation into the former Director of Sports Medicine, Scott Shaw? 

  • The 2019 external investigation into the former Director of Sports Medicine Scott Shaw was conducted by an external attorney investigator Marilou Mirkovich and was supervised by the CSU Systemwide Title IX Compliance Officer Linda Hoos. 

• What did SJSU learn from the 2019 external investigation into former Director of Sports Medicine Scott Shaw? 

  • The 2019 external investigation into former Director of Sports Medicine Scott Shaw disagreed with the original investigation’s findings that the touching was consistent with “bona fide” physical therapy techniques, and validated the allegations made by the original complainant, a student-athlete at SJSU in 2009. 

    The 2019 external investigation also substantiated claims made by 10 other student-athletes, nearly all of whom have graduated, alleging inappropriate touching by the former Director of Sports Medicine Scott Shaw. 

    The 10 complainants in the 2019 external investigation included seven student-athletes who had been interviewed in the 2009-2010 investigation and three other student-athletes who came forward for the first time with similar allegations during the 2019 process.

    The 2019 external investigator concluded that the conduct violated the university’s policies in effect at the time of the conduct at issue. The findings are now final.

• Where are the findings of the 2019 external investigation into the former Director of Sports Medicine Scott Shaw and how can I review them?  

  • A summary of the findings for the 2019 external investigation is available on the SJSU FYI site [pdf].

• Does the university plan to release the full results of its 2019 investigation into the Shaw allegations? 

  • A summary of the findings [pdf] of the 2019 external investigation is available on the SJSU FYI site. Given the very personal and private subject matter of the reports involving students, the university does not intend to voluntarily release the findings in their entirety.   

• Knowing what SJSU knows now, would Scott Shaw be terminated if he was still an employee?

  • Yes.

Student safety and Title IX reporting

• What is SJSU doing to help students stay safe and report Title IX violations?

  • In response to the findings of the 2019 external investigation, the campus is enacting many changes immediately or no later than the start of the Fall 2021 semester, including, but not limited to:

    Accountability & Facts

    -An external Title IX Procedural Response Investigation is underway to determine the adequacy of the 2009-2010 investigation and how the university responded to the findings. 

    -Anyone with relevant information is encouraged to share their concerns with the external investigator, Elizabeth V. McNulty, who can be reached directly at 949-399-5026.

    -Individuals with Title IX questions, concerns and a need to report a Title IX violation (such as sexual misconduct or other discrimination or harassment based on sex, gender or gender identity) should contact the Title IX Office at 408-924-7290 or titleix@sjsu.edu.

    Policy & Staffing

    -The Athletics Department, in conjunction with the Student Health Center and the Title IX Office, is finalizing a new sports medicine chaperone policy, which will be implemented no later than the start of the Fall 2021 semester.

    -SJSU is adding resources to and restructuring the Title IX Office.

    -SJSU is increasing confidential support resources, including a full-time campus survivor advocate, before the start of the Fall 2021 semester.

    Training & Education

    -SJSU will enhance education and orientation programs focused on sexual assault prevention, reporting options, and resources for survivors, witnesses, and bystanders.

    -Education will be provided to student-athletes, practitioners, and chaperones to ensure all persons involved in medical, physical therapy, and training sessions share a common understanding of what is expected.

    Culture & Communication

    -SJSU is responding to findings related to Title IX from the 2020 Belong@SJSU campus climate survey, geared towards improving awareness of resources, reporting options and empowering students to come forward.

    -SJSU is initiating an awareness and information campaign to encourage student-athletes, coaches, and staff in the Athletics Department to use Spartan Speaks, SJSU Athletics’ anonymous reporting tool.

    -SJSU is providing user-friendly access to information about student rights and resources.

    -SJSU will communicate updates and next steps across campus and throughout the San José State community.

• What should individuals with Title IX questions, concerns or a need to report a Title IX violation do? 

  • Individuals with Title IX questions, concerns or a need to report a Title IX violation (such as sexual misconduct or other discrimination or harassment based on sex, gender or gender identity) should contact the Title IX Office at 408-924-7290 or titleix@sjsu.edu.

External Title IX Procedural Response Investigation

• It was announced that there is an external Title IX Procedural Response Investigation. Why is there a new investigation? 

  • We all need answers to questions about the original 2009-2010 investigation and how the university responded to the findings, which is why then President Papazian launched the 2019 external investigation and has requested a further external Title IX Procedural Response Investigation. As a campus, we will learn from the past, so we never repeat it.

• What is the scope of the external Title IX Procedural Response Investigation?

  • The Title IX Procedural Response Investigation is underway to determine the adequacy of the 2009-2010 investigation and how the university responded to the findings and subsequent concerns about the original investigation.  

• How can I share information with the external Title IX Procedural Response Investigation? 

  • Anyone with information relevant to the Title IX Procedural Response Investigation is encouraged to share their concerns with the external investigator, Elizabeth V. McNulty, who can be reached directly at 949-399-5026.

• Is there a timetable for the next phase of the external Title IX Procedural Response Investigation?

  • SJSU hopes that the investigation will conclude as soon as possible. However, this is a complicated external investigation that may involve many witnesses which makes it very hard to estimate timetables.  

• What is SJSU’s plan should the external Title IX Procedural Response Investigation conclude wrongdoing?

  • The university and our community need answers to questions about the original 2009-2010 investigation and how the university responded to the findings and subsequent concerns, which is why then President Papazian requested a further external Title IX Procedural Response Investigation. 

    Appropriate action will be taken once we have the answers to these questions.  

Athletics Department Leadership Updates

• Was the decision for Ms. Tuite to step down from her role as athletics director a joint decision by Tuite and President Papazian or an executive decision by the president?

  • As mentioned in the university’s news release, President Mary Papazian met with Director of Athletics, Marie Tuite, about the future leadership of the Athletics Department and agreed that Ms. Tuite will step down from her current role. This was a decision that was agreed to by both parties.  

• Was the position of special director of external relations and capital project development newly created?

  • Periodically the university appoints executives to positions such as this. This reassignment allowed Ms. Tuite to continue supporting the university’s mission through her fundraising efforts while participating in the investigations.

• Was the position created to keep Ms. Tuite in the athletics department? 

  • Ms. Tuite’s role was not based in the athletics department. 

• Was Ms. Tuite investigated as part of the 2019 external investigation regarding Scott Shaw?

  • No. The 2019 external investigation into the former Director of Sports Medicine Scott Shaw was conducted by an external attorney investigator Marilou Mirkovich and was supervised by the CSU Systemwide Title IX Compliance Officer Linda Hoos. 

    That investigation focused primarily on the 2009-2010 investigation into Scott Shaw’s conduct and disagreed with the original investigation’s findings that the touching was consistent with “bona fide” physical therapy techniques, and validated the allegations made by the original complainant, a student-athlete at SJSU in 2009. 

    The 2019 external investigation also substantiated claims made by 10 other student-athletes, nearly all of whom have graduated, alleging inappropriate touching by the former Director of Sports Medicine Scott Shaw. 

    The Title IX Procedural Response Investigation is underway to determine the adequacy of the 2009-2010 investigation and how the university responded to the findings and subsequent concerns about the original investigation.

• How is the university responding to retaliation claims made by current or former employees?

  • The university does not typically comment on details of pending litigation or other complaints by or against employees (including complaints of retaliation).  

Overview of Department of Justice Investigations

• It was reported that there is a Federal Bureau of Investigation (FBI) and/or Department of Justice (DOJ) review/investigation involving SJSU. What is that review/investigation? 

  • There are two federal investigations that the university is aware of. One is a criminal investigation into sexual misconduct and the other is a civil review of the university’s Title IX compliance. The civil review concluded with the Resolution Agreement executed in September 2021.

    SJSU is fully cooperating with all government investigations, and we encourage all members of our community to do so. 

• How can I share information with federal investigators?

  • Anyone with relevant information regarding the government investigations is encouraged to share their information either with the DOJ attorneys handling the Title IX investigation at community.sjsu@usdoj.gov or 1-833-591-0289, or with the FBI by calling Special Agent Carly Rasiewicz at 201-207-0619.

• What is SJSU’s plan should the federal investigations conclude wrongdoing?

  • The federal government, the university, and our community need answers to allegations. Appropriate action will be taken by the university once we have the answers to these questions.