San Jose State is sued by a THIRD whistleblower for ‘retaliation’ amid sexual misconduct scandal

San Jose State University and its athletic department are under fire after a renewed investigation into a former athletic department trainer substantiated decade-old claims of sexual misconduct made by female athletes, and now a third whistleblower in the case is suing over alleged retaliation.

Scott Shaw, who served as the athletic department’s director of sports medicine from 2008 until 2020, was accused of sexual abuse in 2009 by more 17 women, but was permitted to continue working at the school after an investigation cleared him of any wrongdoing.

However, a second investigation was launched in 2019 after women’s swimming and diving coach Sage Hopkins re-reported allegations in a 300-page packet given to the school’s Title IX office, as well as conference and NCAA officials, that suggested Shaw’s misconduct had continued.

Shaw was ultimately found responsible on April 15 for sexual misconduct involving at least six swimmers. According to a summary of the latest investigation, the claims in the 2009 probe ‘were substantiated by a preponderance of the evidence, and that Shaw engaged in sexual harassment and sexual misconduct in violation of SJSU and (Cal State University) policies.’

Shaw, who was never charged criminally before resigning in August, was accused of touching female swimmers’ breasts and pelvic areas when they were supposed to be treated for other areas of their bodies, according to USA Today. 

Swimming and diving coach Sage Hopkins filed a whistleblower lawsuit against SJSU on April 17, saying the school and athletic director Marie Tuite (left) retaliated against him for reporting the crimes. SJSU president Mary Papazian (right) wrote an email to students, faculty, and alumni apologizing for ‘for this breach of trust’ on the Shaw case 

Shaw was ultimately found responsible on April 15 for sexual misconduct involving at least six swimmers. According to a summary of the latest investigation, the claims in the 2009 probe ‘were substantiated by a preponderance of the evidence, and that Shaw engaged in sexual harassment and sexual misconduct in violation of SJSU and (Cal State University) policies.’ Shaw, who was never charged criminally before resigning in August, was accused of touching female swimmers’ breasts and pelvic areas when they were supposed to be treated for other areas of their bodies.

‘To the affected student-athletes and their families, I apologize for this breach of trust,’ SJSU president Mary Papazian said in an email to students, faculty and staff earlier this month. 

In a lawsuit filed in Santa Clara County Superior Court on April 17 that has recently surfaced, Hopkins accused athletic director Marie Tuite and trustees of the California State University system of attempting to damage his reputation in retaliation for his 12-year push to investigate Shaw.

‘As a result the unfettered retaliation by defendants with the tacit approval by the [school] administration, numerous university administrators attacked Hopkins an effort to derail an investigation and harm his profession reputation,’ read Hopkins’s lawsuit, which has been obtained by DailyMail.com.

Hopkins’s lawsuit follows a previous filing by former San Jose State deputy athletic director Steve O’Brien, who was fired in 2020. O’Brien alleges wrongful termination and retaliation for ‘opposing, reporting or otherwise refusing to engage in activity he believed was unlawful,’ his attorney, Tamarah Prevost, told the San Francisco Chronicle.

‘The school is admitting it hasn’t lived up to its expectations to keep students safe,’ Prevost told The Chronicle . ‘Just because it is owning the results of the investigation now, it’s important to know the history. 

A second investigation into Shaw was launched in 2019 after women’s swimming and diving coach Sage Hopkins (pictured) re-reported allegations in a 300-page packet given to the school’s Title IX office, as well as conference and NCAA officials, that suggested Shaw’s misconduct had continued

‘Student-athletes spoke up to the university, repeatedly, and were ignored. Sage Hopkins spoke up and was disciplined. Steve O’Brien spoke up and was fired.’

Former SJSU softball coach Peter Turner also filed a lawsuit against the school, claiming his contract was not renewed in 2020 in retaliation for his own whistleblowing in the case, according to multiple reports.

Shaw’s lawsuit specifically names California State University trustees, Tuite, SJSU senior associate vice president for university personnel Joanne Wright, senior associate athletic director Eileen Daley, and Julie Paisant, the director of equal opportunity and employee relations, as defendants.

The school is currently reviewing the lawsuit filed by Hopkins.

‘Allegations of retaliation are taken very seriously, investigated and addressed consistent with university policy,’ a spokesman wrote in a statement to the San Francisco Chronicle.

Hopkins claims that he learned in 2019 that his original reporting in the 2009 investigation ‘was removed from university records and not properly followed up nor properly documented.’

Hopkins’s lawsuit follows a previous filing by former San Jose State deputy athletic director Steve O’Brien (pictured), who was fired in 2020. O’Brien alleges wrongful termination and retaliation for ‘opposing, reporting or otherwise refusing to engage in activity he believed was unlawful,’ his attorney, Tamarah Prevost, told the San Francisco Chronicle

Former SJSU softball coach Peter Turner (pictured) also filed a lawsuit against the school, claiming his contract was not renewed in 2020 in retaliation for his own whistleblowing in the case, according to multiple reports

He said he ‘made countless reports regarding Scott Shaw’s predatory behavior and the cover-up orchestrated by multiple campus leaders at San Jose State.’ He also details allegations of what he calls ‘threats, intimidation and coercion’ by Tuite.

For instance, in one meeting, Hopkins said Tuite reprimanded him after his team contact the school President in May of 2019 to detail allegations against Shaw.

‘On August 12, 2019 Hopkins was called into a meeting With Tuite and Daley, were (sic) Tuite scolded Hopkins for members of his team sending letters to President Papazian the previous May,’ read the complaint obtained by DailyMail.com. ‘Tuite told Hopkins that the coaches of Women’s teams needed to do a better job of controlling the message that comes out of their teams, and that ”all of her drama comes from the Women.’

‘Tuite also claimed that it was ‘sexist’ for female athletes to criticize her lack of support for women’s teams, and that it was inappropriate for student-athletes to voice concerns to the Athletics Board the previous year.’

Hopkins’s lawsuit claims the defendants’ ‘conduct was intentional and malicious and done for the purpose of causing Plaintiff to suffer humiliation, mental anguish and emotional and physical distress.’

Sage Hopkins pictured (center) coaching the San Jose State women’s swimming team