San Jose State University to pay $1.6 million to athletes alleging sexual harassment against former trainer

San Jose State University has agreed to pay $1.6 million to 13 student-athletes who accused the school of mishandling the sexual harassment allegations they raised against its former director of sports medicine.

The Department of Justice announced the settlement Tuesday after a Title IX investigation concluded the California university failed to adequately respond to reports of abuse raised against San Jose State athletic trainer Scott Shaw, some of them dating back as far as 2009, and ultimately exposed additional students to harm for more than a decade. Investigators identified 23 student-athletes who were inappropriately touched by the ex-trainer, but only 13 accepted to receive their portion of the pot — $125,000 apiece, the university said.

The women said Shaw would subject them on a regular basis to “unwelcome sexual touching of their breasts, groins, buttocks, and/or pubic areas during treatment in the campus training facilities,” according to a statement from the Department of Justice.

The entrance gate to San Jose State University is shown in San Jose, Calif.
The entrance gate to San Jose State University is shown in San Jose, Calif.


The entrance gate to San Jose State University is shown in San Jose, Calif. (Paul Sakuma/)

As part of the settlement, the university is also required to implement major reforms to address sexual harassment complaints, bolster its Title IX office, train student-athletes and university employees on giving and receiving consent before medical treatment, prevent retaliation and provide support to current and former student-athletes who were sexually harassed by the athletic trainer.

“No student should be subjected to sexual harassment at a college or university in our country, especially by an employee who wields a position of power,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.

“With this agreement, San Jose State University will provide relief to survivors and transform its Title IX process to ensure accountability in its athletics program and create a safer campus for all its students. The Justice Department thanks the current and former students who came forward and shared their experiences, and the employees who unceasingly advocated for their students. Because of them, San Jose State University will adopt major reforms to prevent such an abuse of authority from happening ever again.”

Shaw, who resigned in August 2020, was initially cleared by San Jose State in May 2010 after an internal investigation, the San Francisco Chronicle reported. In December 2019, the school announced a second, external probe and confirmed months later that it “substantiated” the allegations of sexual misconduct against Shaw.

“We thank all the individuals who courageously came forward during the investigations. To the affected student-athletes and their families, we deeply apologize,” university officials said in a statement.

“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.”

With News Wire Services

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