ExSan Jose St. deputy AD alleges wrongful firing

Former San Jose State deputy athletic director Steve O’Brien has filed a lawsuit against the university alleging wrongful termination and retaliation, his lawyer confirmed Wednesday.

The suit, filed Tuesday in Santa Clara County Superior Court, named athletic director Marie Tuite and the school’s board of trustees among the defendants. O’Brien alleged he was terminated March 2, 2020, in retaliation for “opposing, reporting or otherwise refusing to engage in activity he believed was unlawful,” according to lawyer Tamarah Prevost.

O’Brien alerted San Jose State administrators about what the complaint described as “retaliatory activity and other improper directives administered by Tuite.” The activity was related to swimming coach Sage Hopkins’ reporting of alleged sexual misconduct by a former athletic trainer, as well as ongoing Title IX investigations and compliance with NCAA bylaws.

“Steve O’Brien stood up for what he believed was right and was terminated for it,” Prevost wrote in an email to The Chronicle. “He was collateral damage in yet another institution’s coverup of sexual abuse by people in power.”

O’Brien’s lawsuit, first reported by USA Today, indirectly traces to 2009 sexualabuse allegations by 17 female swimmers against former athletic trainer Scott Shaw. Shaw resigned in August, four months after the newspaper reported the accusations had been resurfaced by Hopkins, the swimming coach, once he learned Shaw’s alleged misconduct had continued.

O’Brien, who now works at Santa Clara’s School of Law, contended Tuite told him to discipline Hopkins. O’Brien ultimately met with Hopkins but expressed “strong opposition” to what he viewed as retaliation, according to the complaint, and also reported his concerns to the California State University general counsel’s office.

“San José State University is currently reviewing the lawsuit filing, which was received today,” the school said Wednesday in a statement shared by spokesman Kenneth Mashinchi.

SJSU cleared Shaw more than a decade ago but launched a second investigation in late 2019, in the wake of an extensive document Hopkins shared with school, conference and NCAA officials. Last week, an investigation by the Cal State system found Shaw responsible for sexual misconduct involving at least six swimmers, USA Today reported.

This marked the latest tumult for San Jose State’s athletic department. SJSU remains the subject of a monthslong U.S. Department of Justice investigation (similar to the CSU probe) into the university’s handling of Title IX complaints, as Sportico reported in December.

That story detailed several acrimonious departures from the athletic department and allegations of dysfunction echoed in this week’s lawsuit.

“O’Brien learned of a culture of fear and intimidation perpetuated by Tuite,” the complaint read. “While undertaking efforts to maintain SJSU’s compliance with legal and regulatory mandates, several employees were threatened, reprimanded, disciplined or otherwise retaliated against by Tuite . ... She aimed to stifle legitimate compliance activities or cover up noncompliance within the department.”

O’Brien’s lawsuit might not be the only one targeting Tuite and San Jose State. Peter Turner, the Spartans’ longtime softball coach, filed a tort claim notice with the Cal State system after his contract was not renewed last summer, according to Sportico.

That move typically precedes legal action. Turner also alleged he had been let go for “retaliatory reasons.”