DOJ Resolution Agreement
San José State University is strengthening its Title IX program and will share progress on this site.
SJSU's Response to DOJ Title IX Compliance Review of Athletics Department
The following information was posted September 21, 2021.
- SJSU Statement
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This morning, the Department of Justice (DOJ) released the findings from its review of Title IX compliance in SJSU’s Athletics Department. SJSU cooperated fully with the DOJ’s review. SJSU looks forward to partnering with the DOJ to build a stronger Title IX program that addresses the needs of our campus community and complies with the evolving regulatory landscape.
The findings released today by the DOJ are similar to the recent findings of SJSU’s external investigation into the allegations surrounding former Director of Sports Medicine Scott Shaw annouced earlier this year.
The investigation was conducted by an external investigator and supervised by the California State University (CSU) Systemwide Title IX Compliance Officer. In April 2021, the investigation concluded that the 2009 allegations of improper touching during physical therapy were substantiated, as were more recent allegations raised in the course of the investigation. The investigation also concluded that the conduct at issue violated the university’s policies in effect at the time of the conduct.
We thank all the individuals who courageously came forward during the investigations. To the affected student-athletes and their families, we deeply apologize.
Based on the findings of the university’s external investigation and the DOJ findings, President Papazian has taken the following action steps:
• SJSU restructured and expanded its Title IX and Gender Equity Office, including the addition of new Title IX experts.
◦ The team, among others, will include an experienced Title IX and Gender Equity Officer, responsible for overseeing compliance with, and implementation of, all Title IX-related policies, grievance procedures, and training at SJSU. The Title IX and Gender Equity Officer will oversee the Deputy Title IX Coordinator and other Title IX personnel and liaisons.
◦ The Title IX and Gender Equity Office has received a significant increase in funding to: recruit and hire a new Title IX and Gender Equity Officer, Deputy Title IX Coordinator, a minimum of two qualified Title IX Investigators and an administrative assistant; enhance response to reports of sex discrimination; develop informational materials; and conduct outreach to the SJSU community.
• SJSU has launched a new Wellbeing Attendant (chaperone) Policy to ensure both student-athletes and sports medicine staff have a right to request that a Wellbeing Attendant be present for any type of sports medicine treatment.
• SJSU is enhancing education and orientation programs focused on sexual assault prevention, reporting options, and resources for survivors, witnesses, and bystanders.
As we move forward, SJSU will continue to work in collaboration with the DOJ and the CSU Chancellor’s Office to implement recommendations for advancement and improvement. SJSU also will take appropriate action when the findings from the external Title IX Procedural Response and other related investigations are concluded.
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. We will remain transparent and share new information through the SJSU FYI site. For more detailed information, please see our FAQ.
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Information on the DOJ Resolution Agreement
- November 2021 Notification to Former and Current Student-athletes
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November 29, 2021 - Notification to former and current student-athletes
Letter to former student-athletes [pdf]
Letter to current student-athletes [pdf]
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- DOJ Resolution Agreement Status and Deadlines
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Below are the terms of the Resolution Agreement with the Department of Justice with the status shown in the far right column. On occasion, deadlines are revised and may not match the dates that were initially published by campus and the department.
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FAQs - Department of Justice (DOJ) Title IX Compliance Review of Athletics Department
- Did SJSU cooperate in the DOJ review?
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San José State University has cooperated fully with the Department of Justice (DOJ)’s review of Title IX compliance in the Athletics Department.
SJSU looks forward to partnering with the DOJ to build a stronger Title IX program that addresses the needs of our campus community and complies with the evolving regulatory landscape.
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- Does SJSU agree with the findings?
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The findings released by the DOJ are consistent with the recent findings of SJSU’s external investigation into the allegations surrounding former Director of Sports Medicine Scott Shaw announced earlier this year.
SJSU’s investigation was conducted by an external investigator and supervised by the California State University Systemwide Title IX Compliance Officer. In April 2021, the investigation concluded that the 2009 allegations of improper touching during physical therapy were substantiated, as were more recent allegations raised in the course of the investigation. The investigation also concluded that the conduct at issue violated the university’s policies in effect at the time of the conduct.
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- What is being done to improve the Title IX and Gender Equity Office?
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Based on the findings of the university’s external investigation and the DOJ findings, President Papazian has taken the following action steps:
• SJSU restructured and expanded its Title IX office, including the addition of new Title IX experts.
◦ The team, among others, will include an experienced Title IX and Gender Equity Officer, responsible for overseeing compliance with, and implementation of, all Title IX-related policies, grievance procedures, and training at SJSU. The Title IX and Gender Equity Officer will oversee the Deputy Title IX Coordinator and other Title IX personnel and liaisons.
◦ The Title IX and Gender Equity Office has received a significant increase in funding to: recruit and hire a new Title IX and Gender Equity Office, Deputy Title IX Coordinator, a minimum of two qualified Title IX Investigators and an administrative assistant; enhance response to reports of sex discrimination; develop informational materials; and conduct outreach to the SJSU community.
• SJSU has launched a new Wellbeing Attendant (chaperone) Policy to ensure both student-athletes and sports medicine staff have a right to request that a Wellbeing Attendant be present for any type of sports medicine treatment.
• SJSU is enhancing education and orientation programs focused on sexual assault prevention, reporting options, and resources for survivors, witnesses, and bystanders.
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- How does SJSU respond to the DOJ finding that SJSU was aware of inappropriate touching
in 2009 and did not adequately respond?
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We all share the concerns going back to 2009. SJSU’s Human Resources
Department and campus police conducted initial investigations in 2009-2010. It was determined at the time that there was no wrongdoing.
The DOJ finding furthers our need for answers to questions about the original 2009-2010 investigation, and how the university responded to those findings, which is why SJSU and President Papazian launched an external Title IX Procedural Response Investigation. The investigation is currently ongoing.
We thank all the individuals who courageously came forward during the investigations. To the affected student-athletes and their families, we deeply apologize.
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- As part of the resolution agreement, the DOJ has requested that SJSU contact all female
intercollegiate athletes from August 2006 to August 2020 and offer supportive measures
and remedies to all individuals found to have been subjected to sexual harassment
by Scott Shaw. What is the status of these requirements?
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SJSU continues to cooperate with the DOJ and will, according to the terms of its agreement, contact all female intercollegiate athletes from August 2006 to August 2020.
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- Is it true that approximately 1,000 female student-athletes could have been exposed
to treatment by former Athletic Trainer Scott Shaw?
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SJSU’s investigation and DOJ’s review identified 23 individuals who were inappropriately touched by Shaw.
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- How many students were identified through the DOJ review and SJSU investigations?
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SJSU’s investigations and DOJ’s review identified 23 individuals who were inappropriately touched by Shaw. The DOJ offered $125,000 to the 23 people who participated in an SJSU investigation or the DOJ review. Of the 23 individuals, 13 have accepted the offer, which will be paid by SJSU.
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- What is SJSU doing about retaliation found by the DOJ?
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Allegations of retaliation are currently part of ongoing litigation and related investigations. The university does not typically comment on details of pending litigation or other complaints by or against employees (including complaints of retaliation).
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- What is next for SJSU with the DOJ and other investigations?
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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.
As we move forward, SJSU will continue to work in collaboration with the DOJ and the California State University Chancellor’s Office to implement recommendations for advancement and improvement.
SJSU also will take appropriate action when the findings from the external Title IX Procedural Response and other related investigations are concluded.
We will remain transparent and share new information through the SJSU FYI site.
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- The DOJ states that, in some cases, the 2020-2021 external investigation “falls short.”
What is SJSU’s response?
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The information from the 2020-2021 external investigation is cited extensively and relied upon in the DOJ’s Letter of Findings. The conclusion they reached is similar to the 2020-2021 external investigation.
It is important to understand that the 2020-2021 investigation was conducted by an external attorney investigator whose scope was to reinvestigate the allegations from 2009-2010. The findings of that investigation concluded that the 2009 allegations of improper touching during physical therapy were substantiated, as were more recent allegations raised during the investigation. The investigator also concluded that the conduct at issue violated the university’s policies in effect at the time of the conduct.
As a result of the findings of the 2020-2021external investigation, SJSU launched the Title IX Procedural Response Investigation, to examine the adequacy of the 2009-2010 investigation and how the university responded to the findings and subsequent concerns about the original investigation. This investigation is ongoing.
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Department of Justice documents
Contact the The U.S. Department of Justice’s Civil Rights Division
Email: Community.SJSU@usdoj.gov
Toll Free: 1-833-591-0289
Website: civilrights.justice.gov
