Department of Justice

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 annouced 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 and Gender Equity Office, including the addition of new Title IX experts.

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

◦ The Title IX and Gender Equity Office has received a significant increase in funding to: recruit and hire a new Title IX and Gender Equity Officer, 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.

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

Letter to former student-athletes [pdf]
Letter to current student-athletes [pdf]

Below are the terms of the Resolution Agreement with the Department of Justice with the status shown in the far right column. On occasion, deadlines are revised and may not match the dates that were initially published by campus and the department.

DOJ Resolution Agreement Deadlines [pdf]

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

SJSU has partnered 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 by the DOJ are consistent with the recent findings of SJSU’s external investigation into the allegations surrounding former Director of Sports Medicine Scott Shaw announced in 2021. 

SJSU’s 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. 

Based on the findings of the university’s external investigation and the DOJ, our then-campus president, Mary Papazian, spearheaded the following action steps:

• Restructured and expanded the then-Title IX and Gender Equity Office, and recruited subject matter experts.

◦ Increased funding to support the growth of our Title IX program and a campaign to raise campus awareness of these efforts.

• Developed a new Wellbeing Attendant (Chaperone) Policy to to improve the provision of sports medicine treatments.

• Enhanced and increased the number of education and orientation programs focused on sexual assault prevention, reporting options, and resources for survivors, witnesses, and bystanders.

The findings from the DOJ and the external investigator raise deep concerns about SJSU’s initial response to reports and complaints of misconduct by the then-Director of Sports Medicine. Back in 2009-2010, SJSU's Department of Human Resources and Campus Police conducted investigations into the same behaviors but determined at the time that there was no wrongdoing.

The recent findings by the DOJ and the external investigator further our need to prioritize our Title IX program and how we create a safer campus community. 

We thank all the individuals who courageously came forward. The university is deeply sorry for the harm caused to all affected student-athletes and their families. 

SJSU cooperated with the DOJ and has, according to the terms of its Agreement, contacted all female intercollegiate athletes from August 2006 to August 2020.

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

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 accepted the offer, which was paid by SJSU.

The university has taken steps to ensure that our campus is aware of the policy against retaliation, and that the university takes retaliation seriously. The prohibition against retaliation is included in every outreach letter from the Office for Title IX and Equal Opportunity and is discussed in every one of their trainings.  

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. 

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

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 2020-2021 external investigation, SJSU launched another investigation focused on the suffiency of the university's initial response to reports involving the then-Director of Sports Medicine.

The Procedural Response Investigation concluded in December 2022, and reached findings that are deeply concerning. Those findings were as follows:

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.