The Mercury News Weekend

Administra­tors sued by coach for retaliatio­n

- Ky clliott Almond ealmond@ bayareanew­sgroup.com

SAN JOSc >> The San Jose State coach who triggered investigat­ions into sexual abuse of his women swimmers has sued four university administra­tors for retaliatio­n, claiming they worked to discredit him because of his persistenc­e to pursue the case.

The 32-page complaint in Santa Clara County Superior Court alleges Coach Sage Hopkins was the victim of intimidati­on and mistreatme­nt as the whistleblo­wer who brought to light sexual abuse allegation­s leveled against former athletic trainer Scott Shaw.

Shaw was initially cleared of wrongdoing in 2010 despite 17 women swimmers telling their coach they were sexually abused during muscle therapy treatments. Shaw continued to treat athletes until he resigned in August of last year.

But in an extraordin­ary admission, the university announced last week that the initial investigat­ion was

flawed and that Shaw had violated school policy at the time, and SJSU President Mary Papazian publicly apologized to the swimmers.

Hopkins’ suit alleges athletic director Marie Tuite, senior associate athletic director Eileen Daley, Joanne Wright, vice president for university personnel, and Julie Paisant, director of Equal Opportunit­y & Employee Relations manufactur­ed ways to intimidate the coach. An SJSU spokesman said school officials only received the complaint late Thursday afternoon and are reviewing its content.

Hopkins suffered humiliatio­n, mental anguish and emotional and physical distress, the suit alleges.

In one instance, the suit says, Tuite offered Hopkins a new contract and raise in May 2020 if he would drop a California State University retaliatio­n complaint against her. He refused but the school renewed the contract with a raise about a month later, according to the complaint.

The suit also says a campus police officer contacted Hopkins in October last year because SJSU administra­tors asked his department to investigat­e whether the coach had followed California State University protocol for properly handling mandatory reporting duties of abuse.

Hopkins, 48, had taken careful notes since December of 2009 charting how he had reported the initial abuse claims and later issues with Shaw continuing to treat some of his swimmers. The trainer was prohibited from working

with the swim team after the 2010 investigat­ion, according to documents.

Hopkins kept a dossier of almost 300 pages about the Shaw situation that he sent to the National College Athletic Associatio­n in November 2019, according to the suit. The complaint alleges the retaliatio­n was done because Hopkins sent the dossier to the NCAA, which governs intercolle­giate athletics.

Papazian said she requested an outside investigat­or to reopen the Shaw case based on learning about Hopkins’ detailed accounting. She also said the school would investigat­e how the original inquiry went wrong and who was culpable for letting Shaw remain on staff for a decade.

In a statement to the Bay Area News Group on Thursday, a university spokesman said, “allegation­s of retaliatio­n

are taken very seriously, investigat­ed, and addressed consistent with university policy.”

The suit asks for unspecifie­d economic and non-economic damages.

Hopkins has coached at San Jose State for 16 years and twice was named coach of the year in the former Western Athletic Conference.

His suit follows a wrongful terminatio­n and retaliatio­n complaint filed last month by Steve O’Brien, the former deputy athletics director. The suit against Tuite was brought one year after O’Brien’s firing for refusing to discipline Hopkins for being a whistleblo­wer.

Tuite also is a defendant in a wrongful terminatio­n suit filed last Friday by former softball coach Peter Turner.

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