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Retaliation Lawsuit Hits SJSU, CSU

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Retaliation Lawsuit Hits SJSU, CSU Tuesday, Volume 156 April 27, 2021 No. 35 SERVING SAN JOSE STATE UNIVERSITY SINCE 1934 WWW.SJSUNEWS.COM/SPARTAN_DAILY Retaliation lawsuit hits SJSU, CSU By Christina Casillas & Stephanie Lam email that stated the external investigation concluded ILL USTR STAFF WRITER & ASSISTANT NEWS EDITOR the recent and previous misconduct cases ATI ON BY are substantiated. “To the affected student-athletes and NICK YB A lawsuit filed against San Jose State and California State their families, I apologize for this breach ARR University officials was brought to light just after SJSU released of trust,” Papazian stated in the email. A its first public statement admitting wrongdoing for not “I am determined that we will learn thoroughly investigating sexual misconduct allegations against from the past and never repeat it.” the university’s former sports medicine director. Mashinchi said for a Swimming and diving head coach Sage Hopkins filed suit in “better understanding of the March 2021 to the Santa Clara County Superior Court against situation,” a frequently asked administrators including current Athletic Director Marie Tuite questions (FAQ) document for retaliating against him after ignoring his claims against Scott will be posted on the SJSU Shaw, according to the 93-page court documents obtained by For Your Information the Spartan Daily. webpage this week that Hopkins wrote a letter to SJSU President Mary Papazian details the December 2019 two months ago stating the administration has been trying to investigation. silence him, according to a Sunday Mercury News article. Mashinchi said the “Your administration attempted to bully and silence me in FAQ page will also explain a revolting and abusive attempt to silence the victims of Scott why a Title IX Procedural Shaw and protect those administrators’ roles in the cover-up Response Investigation is and enabling of this abuse,” Hopkins wrote in the letter. necessary and what steps the SJSU first investigated sexual misconduct claims against university will take to protect the Shaw in 2009, but the university concluded its investigation in SJSU community. 2010 after finding no evidence of wrongdoing, according to an Papazian stated in the April 15 April 17, 2020 USA Today article regarding Shaw’s misconduct. email that as the investigation continues, The investigation was reopened in December 2019 Hopkins the university will add more resources When asked sent a 300-page dossier detailing 17 former swimming and to its Title IX office and add more education if Tuite and the diving female athletes’ accounts of Shaw touching them and orientation programs focused on sexual athletics department inappropriately during physical therapy. Shaw was the assault prevention. will be investigated, Mashinchi director of sports medicine from 2008 until his resignation in Chloe Limargo, an industrial design junior and current said the university will determine “the appropriate course of August 2020. swimming and diving athlete, said adding new resources won’t action after the ongoing Title IX investigation has concluded.” Papazian was hired as president in 2016 and Tuite was hired solve the issues students face when their allegations and claims Shelby Mullendore, an economics junior and current as the athletic department’s chief operations officer in 2010 and are ignored. swimming and diving athlete, said she’s bothered because was promoted to director of athletics in May 2017. “Well, it’s not like we [didn’t have] anything like that [sexual student-athletes want to look up to Tuite and Papazian as Hopkins’ introduction in his lawsuit against SJSU and assault resources and education programs] before,” Limargo female leaders in power, but “how could they when [Tuite and the CSU stated while he’s relieved his efforts have ended the said in a phone call. “It’s just that they’ve ignored it. More Papazian are] not sticking up for them?” sexual abuse of dozens of students-athletes throughout the last resources may make it easier to report it, but that’s not solving “[Tuite] prides herself on being a female athletic director 12 years, he’s “outraged and heart-broken” over the abuse that the problem.” and you have to portray that to your female athletes, that was enabled by university leaders. She said student-athletes listen to a Title IX lecture every you are truly there for them,” Mullendore said in a phone Kenneth Mashinchi, SJSU’s senior director of media relations, year and it’s not the students that need to be better equipped call. “All of the decisions she’s made up to this point have said in a Monday email to the Spartan Daily the university with Title IX protocols, but the university’s administration. proved otherwise.” received Hopkins’ letter and “responded accordingly.” “This is on them, not us,” Limargo said. Mashinchi said the same Mercury News article, which The California Faculty Association, a union of SJSU faculty reported on the cover-up and retaliation allegations regarding and staff, sent a letter to CSU Chancellor Joseph Castro calling Follow the Spartan Daily on Twitter Shaw’s sexual misconduct, was “disappointing, misleading and for Tuite’s suspension, according to an April 15 Mercury News @spartandaily very one-sided.” article. He said SJSU was surprised by the article’s content, which Tuite declined to address the allegations against her, citing seemed “inconsistent with the standards of acceptable respect for the ongoing investigation, pending lawsuits and professional journalism.” privacy issues in a statement to the Mercury News Friday, Madilynne Medina contributed to this article. Mashinchi then referred to Papazian’s April 15 campuswide according to the Sunday article. Shooting near SJSU leaves one dead By Christina Casillas but it was just kind of like, threat on campus. UPD works were unable to return to their STAFF WRITER oh, it’s happening here now.” closely with SJPD, the FBI apartment until around 6 p.m. The Grad houses more and the Northern California Wiler said the delay One man died after than 1,000 SJSU students Information Center, which is in communication was a shooting occurred and has 19 floors, according a regional Information Center alarming, especially because Saturday one block to a Nov. 19, 2018 news that gets all the intel on active people were leaving their west of San Jose State at release announcing the threats that are in the area, to apartments for the lobby The Grad San Jose building’s completion. ensure campus safety. to seek more information apartment complex, This death marks the Bay Area resident from staff. according to a Monday news 14th homicide of the year in Devin Palmaffy said he was “You never know who’s release from the San Jose San Jose, according to the waiting for his girlfriend, in the building,” Wiler said. Police Department. SJPD news release. who lives at The Grad, in the “Something potentially Officers responded to lobby of the complex when really dangerous could a report of a shooting near he witnessed multiple police have happened.” 88 East San Carlos Street at officers enter the building Palmaffy said it’s hard to 11:37 a.m. where they found discussing activity on the have a loved one living at a a man suffering from a When we started top floors. location that can be entered gunshot wound. seeing police “It sounded like one so easily. The man died at the scene, guy died on the 12th floor JESUS TELLITUD | SPARTAN DAILY “The security at The Grad according to the news release. offi cers walk and there is another guy A San Jose Police offi cer searches for the shooting is definitely not it,” Palmaffy No suspect has been with a gun that [officers] suspect at an apartment complex in Downtown San Jose. said. “But any building that arrested or identified at the back and forth were searching for at the you live in, it’s definitely time of publication and through the lobby moment,” Palmaffy said. cars already, probably about down the street with guns.” scary for that to happen and the victim’s identity will be “This is from just me sitting three or four,” Wiler said in a Residents received an know that it was that easy for released by the Santa Clara with really large in the lobby [and listening to phone call. “She ran outside automated text message to [a shooter] to get [in].” County Coroner’s Office guns, we knew at police chatter].” and she was screaming, stay in their apartments at Anyone with information after the next of kin has been Advertising junior ‘I need an ambulance, I need 1:30 p.m. Ryan Baker, general is asked to contact SJPD contacted, according to the that point that Sara Wiler said her and an ambulance!’ ” manager of The Grad, sent Detective Sanchez or news release. something crazy her roommate left their Wiler and her roommate out an email to residents at Sgt. Bagon at 408-277-5283. Rachel Sarahang, an apartment on the eighth floor said the situation was 2 p.m. notifying them the Those who wish to remain international business junior had happened. at around 11:40 a.m. to pick chaotic and communication complex was “locked down.” anonymous can call Crime and The Grad resident, saw Sara Wiler up a package from the first to residents about the Wiler also said around the Stoppers at 408-947-7867. cop cars outside the complex advertising junior floor office. circumstances was delayed. same time, a message came and initially thought there was When they got into the “When we started seeing over the alarm system telling a shooter outside. University Police elevator, Wiler said there was police officers walk back and residents to shelter and stay Follow Christina on “In today’s society, just with Department Captain a woman who looked visibly forth through the lobby with inside until the police said it Twitter @christina_casi gun violence and everything Frank Belcastro said while shaken, shoeless and crying.
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