Updates on SJSU Athletics Department and Investigations

Editor’s Note: This transparency news feed includes updates on relevant matters in SJSU Athletics Department, including personnel information, university action steps, frequently asked questions, timelines, and pertinent information regarding former Director of Sports Medicine Scott Shaw.

June 12, 2021

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.

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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

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

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 of the 2019 external investigation into Scott Shaw, former director of sports medicine.


May 4, 2021

The university and President Papazian will continue to provide the SJSU community ongoing factual information regarding former Director of Sports Medicine Scott Shaw, and the action steps SJSU is taking to keep our community safe.

  1. On April 15, 2021 President Papazian announced the results of an investigation into the 2009 allegations of improper touching by SJSU’s former Director of Sports Medicine Scott Shaw. That investigation substantiated the allegations and confirmed more recent allegations raised in the course of the investigation.
  2. As a result of the investigation into Scott Shaw, President Papazian announced a new investigation known as the Title IX Procedural Response Investigation to determine why the matter was not addressed sooner.
  3. On May 4, 2021 President Papazian released a detailed document with frequently asked questions (FAQ). There are currently 20 questions with detailed and factual responses. The FAQ will be updated as necessary.

As President Papazian stated in her open letter, “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. I am determined that we will learn from the past and never repeat it.”

SJSU FAQ Update Regarding Athletics Department and Investigations

Editor’s Note: The following frequently asked questions (FAQ) is also available on the SJSU FYI site.

2009-10 INVESTIGATION: FORMER DIRECTOR OF SPORTS MEDICINE, SCOTT SHAW, AND THE SJSU ATHLETICS DEPARTMENT

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

A: 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 REGARDING PRESIDENT PAPAZIAN’S ACTIONS REGARDING FORMER DIRECTOR OF SPORTS MEDICINE, SCOTT SHAW, AND THE SJSU ATHLETICS DEPARTMENT 

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

A: 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 in 2016 by Human Resources that the allegations had been investigated and not substantiated, she had many unanswered questions, so she promptly reopened the matter. In January, 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.

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

A: 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.

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

A: 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.

Q: 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?

A: 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

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

A: 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.

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

A: 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.

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

A: 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.

Q: 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: A summary of the findings for the 2019 external investigation is available on the SJSU FYI site.

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

A: A summary of the findings 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.

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

A: Yes.

STUDENT SAFETY AND TITLE IX REPORTING

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

A:  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.

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

A: 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

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

A: We all need answers to questions about the original 2009-2010 investigation and how the university responded to the findings, which is why 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.

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

A: 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.  

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

A: 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.

Q: Is there a timetable for the next phase of the external Title IX Procedural Response Investigation.

A: 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.

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

A: The university, President Papazian, 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 President Papazian has 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

Q: 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?

A: 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.

Q: Will there be an interim athletic director? Are there any candidates being considered to fill Tuite’s former position?

A: 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.

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.

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

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

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

A: Ms. Tuite’s role is not based in the athletics department.

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

A: 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.

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

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

DEPARTMENT OF JUSTICE INVESTIGATIONS

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

A: 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.

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

Q: How can I share information with federal investigators?

A: Anyone with relevant information regarding the government investigations are encouraged to share their information at community.sjsu@usdoj.gov.

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

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

President Papazian’s Update Regarding Independent Investigation Opened in December 2019 and Action Steps

Editor’s Note: The following message was sent to the campus community on Thursday, April 15. To view on the web, visit the SJSU FYI site.

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 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 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