The former deputy athletic director at San Jose State University is accusing the school’s athletic director and president, as well as other school officials, of covering up wrongdoing and retaliating against those who’ve reported it, according to a bombshell report published Thursday.
Steve O’Brien, the No. 2 person in the SJSU athletic department when he was fired in March, filed a tort claim notice with the California State University System. O’Brien said he was a victim of retaliation and lost his job because he wouldn’t discipline two employees, including the whistleblower in a sexual assault investigation against an ex-sports medicine director, USA Today reported.
A tort claim notice is a prerequisite to filing a lawsuit against a public agency. The claim notice is typically used for those seeking monetary damages. USA Today said O’Brien filed his claim on Aug. 26 and is seeking damages of more than $25,000.
Among O’Brien’s claims are that San Jose State’s athletic director Marie Tuite often threatened her department’s employees, telling them, “Those who make attempts on the life of the king aren’t kept in the kingdom very long.”
O’Brien, who was hired in 2017, was fired by Tuite on March 2.
Christopher Boscia, O’Brien’s lawyer, told USA Today his client was terminated for exposing the school’s attempt to cover up sexual assault claims against one of its athletic trainers, Scott Shaw. At least 17 female swimmers had come forward with complaints about Shaw, starting in 2009.
In response to a request by this news organization for comment, San Jose State released the following statement: “Although we disagree with many of Mr. O’Brien’s assertions, it is our practice not to comment on personnel matters.”
In a statement to this newspaper Friday evening, Spartans gymnastics coach Joanne Bowers wrote, “I have known Marie since 2006, when I directly reported to her at the University of Washington. SHE is the reason I was interested in working here at SJSU. She has always had the best interest and well-being of our student-athletes at the core of all we do.
“She is a woman of high integrity and makes some tough decisions that are necessary for us moving the department forward the right way.”
The tort claim notice also accuses school president Mary Papazian of being among those complicit in what Boscia says was wrongful termination, as well as covering up allegations.
Shaw turned in his resignation at SJSU last month, but the investigation continues into reports that he touched athletes “beneath their undergarments, massaging their breasts and pelvic areas when they sought treatment for other parts of their bodies.”
Although SJSU cleared Shaw of wrongdoing in 2010 after its initial investigation, the school launched another investigation last December after women’s swimming coach Sage Hopkins filed a complaint with the NCAA, as well as other state and federal agencies.
Hopkins shared a nearly 300-page file, filled with accounts from swimmers and allegations that Tuite and other school officials retaliated against him and his team for complaining about Shaw.
O’Brien said he was told by Tuite “for dubious reasons” to reprimand Hopkins. The Spartans’ athletic director accused Hopkins of sending “hostile” emails to Daley.
O’Brien’s lawyer said another contributing factor to his client’s termination was his reluctance to discipline David Rasmussen, San Jose State’s compliance director, who had investigated a football player accused of using marijuana, and a baseball player for gambling. Both are NCAA violations.
While Tuite didn’t dispute Rasmussen’s report to the NCAA regarding the baseball player’s violations, she questioned the process of Rasmussen’s investigation. She reportedly accused Rasmussen of not being “supportive enough” of the player, and instructed O’Brien to investigate the matter.
The tort claim notice also accuses Papazian of being among those complicit in what Boscia says was wrongful termination, as well as covering up allegations.
