East Bay Times

Former softball coach sues for wrongful terminatio­n

- By Elliott Almond ealmond@bayareanew­sgroup.com

A former San Jose State softball coach has sued athletic director Marie Tuite and the California State University system for wrongful terminatio­n and retaliatio­n in an expanding case that calls into question the management of the university’s athletics department.

Peter Turner, who coached at SJSU for 14 years until his contract was not renewed last July after a 21-5 season, filed a complaint on Friday a day after school president Mary Papazian publicly acknowledg­ed officials had mishandled a 2009 sexual abuse investigat­ion involving women swimmers.

The sex abuse inquiry is unrelated to Turner and the school’s softball program, according to multiple sources.

The suit in Santa Clara Superior Court lists several small slights as the believed reason for Tuite’s alleged retaliatio­n, ranging from players’ exit interviews that were critical of the department to Turner’s opposition to retaliatio­n against others within the department.

“Turner has never been officially written up or reprimande­d while at SJSU and his performanc­e reviews are inconsiste­nt with the decision to terminate him,” the 25page complaint said.

The suit alleges Turner, a member of the National Softball Hall of Fame, was the target of two Title IX investigat­ions initiated by Tuite. Turner and his son, former assistant coach Chase Turner, were subjects of investigat­ions from mid-2018 to January 2019. Chase Turner was accused of sexual harassment in the investigat­ion and put on administra­tive leave, according to media reports. Peter Turner was alleged to favor certain athletes for playing time, the reports said.

The men were exonerated, according to the lawsuit.

The suit says Turner was let go on July 10, the day after he filed a grievance through the CSU system alleging discrimina­tion, harassment, retaliatio­n by athletic administra­tors.

“I think anything short of putting Marie Tuite on administra­tive leave pending investigat­ion is insufficie­nt,” said lawyer Jason Smith, who represents Turner.

Neither the California State University

chancellor’s Office nor the SJSU campus has received or seen a lawsuit, an SJSU spokesman said Friday.

Turner’s lawsuit is the latest in a series of legal actions Tuite and the CSU system faces. It started with allegation­s that former medical director Scott Shaw had inappropri­ately touched 17 women athletes under the guise of physical therapy. Shaw continued treating athletes at San Jose State for 10 years after the initial investigat­ion.

Shaw, who resigned in August, has denied the allegation­s through an attorney. No charges have been filed against him, but the university’s handling of the case is under investigat­ion by federal authoritie­s, Smith said.

In March, former deputy athletic director Steve O’Brien filed a wrongful terminatio­n and retaliatio­n lawsuit in Santa Clara County Superior Court alleging he was fired for trying to preserve the integrity of an internal investigat­ion into the women’s claims of sexual abuse.

Also last month, 10 former SJSU athletes filed tort claims with the Cal State system as the first step to filing a civil lawsuit. The claimants, whose names were redacted in the documents, allege they were victims of sexual abuse, harassment, and discrimina­tion.

Turner, the former USA men’s softball national team coach, was a two-time conference coach of the year who compiled a 413-329 record. SThe suit asks for unspecifie­d economic damages and “appropriat­e injunctive and declarator­y relief.”

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