Former SJSU sports medicine director Scott Shaw pleads not guilty

SAN JOSE — Disgraced former San Jose State sports activities medication director Scott Shaw pleaded not responsible Tuesday to 6 counts of violating the civil rights of ladies athletes who say Shaw sexually abused them underneath his care.

It was Shaw’s first public look since a USA TODAY investigation printed in April 2020 revealed the allegations in opposition to him for the primary time. He appeared over Zoom, alongside along with his legal professional, in U.S. District Court docket for the Northern District of California.

Shaw didn’t seem in handcuffs and was not positioned in custody. He’s charged with six counts of depriving 4 girls athletes of their proper to “bodily integrity, a proper secured and guarded by the Structure and legal guidelines of america,” in line with court docket paperwork. Every rely carries a most of 1 yr in jail, that means Shaw may withstand six years in jail if convicted on all of them.

Assistant U.S. Lawyer Michael Pitman mentioned he expects greater than 20 alleged victims to be introduced at trial. In line with Pitman, the info will present Shaw engaged in “greater than a decade-long scheme” through which he used his place of authority at San Jose State to “achieve entry to feminine student-athletes on the college and sexually assault them.” He mentioned he expects the case to final a prolonged time period. 

Shaw was launched unsupervised on an unsecured $10,000 bond. His journey all through the U.S. will likely be restricted after April 20, when Shaw completes an RV street journey he’s at the moment on along with his vital different that features a cease on the Frozen 4 nationwide hockey faculty championships in Boston subsequent month, in line with his legal professional, Sam Polverino.

“I by no means thought at the present time would come,” mentioned Sage Hopkins, San Jose State’s swimming and diving coach, who reported Shaw’s abuse to high school officers repeatedly from 2009 by 2020 and attended Shaw’s listening to Tuesday. “I feel this is a vital step for the ladies shifting ahead. I look ahead to him going through costs in court docket.”

Shaw is alleged to have disadvantaged the ladies of their rights “underneath coloration of regulation” – a misdemeanor underneath federal regulation that covers unlawful acts dedicated by public officers pretending or purporting to be appearing of their official duties. 

All 4 girls mentioned Shaw touched their breasts with no legit motive whereas purporting to offer bodily remedy therapies. Two of the ladies described two separate cases through which Shaw touched delicate components of their our bodies inappropriately. Along with touching their breasts, these two girls mentioned Shaw additionally touched their buttocks. 

The six alleged incidents occurred over the span of two-and-a-half years starting in fall 2017. 

Two of the ladies athletes mentioned Shaw assaulted them that fall, and one in every of them mentioned Shaw assaulted her once more someday in the course of the 2018-19 college yr. The third lady mentioned Shaw assaulted her in spring 2019. And the fourth lady mentioned he assaulted her as soon as in December 2019 and once more in January or February 2020. 

The fees don’t cowl any alleged abuse that occurred previous to 2017, because the statute of limitations for the particular offense he’s accused of repeatedly committing lasts solely 5 years from the date of the offense.

The conduct alleged within the six costs mirrors those who 17 swimmers dropped at the college in late 2009. At the moment, San Jose State’s human assets division carried out an investigation that discovered no wrongdoing.

These girls informed the college that Shaw touched them beneath their undergarments, massaging their breasts and pelvic areas after they sought therapy for different components of their our bodies. San Jose State handled it as one criticism — with the opposite girls’s accounts thought of witness statements — and accepted the therapy as “set off level” or “stress level” therapeutic massage remedy.

Shaw was by no means disciplined following the preliminary investigation, and he remained in his place as sports activities medication director for the following 10 years, throughout which era he continued to deal with feminine athletes. He resigned in August 2020.

A reinvestigation by the California State College system refuted the preliminary investigation’s findings. Launched in late 2019 by then-San Jose State President Mary Papazian, it concluded in February 2021 that Shaw was answerable for sexual misconduct.

Carried out by non-public attorneys, the reinvestigation discovered Shaw’s therapies lacked medical foundation, ignored correct protocols and violated the college’s sexual harassment insurance policies.

Two present athletes gave statements to investigators describing inappropriate touching by Shaw within the years because the preliminary probe. One lady mentioned that in 2017 Shaw massaged her breasts underneath the guise of “stress level remedy” with out explaining the therapy. One other lady mentioned Shaw grazed her breast and positioned his fingers on her buttocks on separate events in late 2019 and early 2020.

James Borchers, a doctor and president of the U.S. Council for Athlete’s Well being, served as an knowledgeable witness within the reinvestigation. He mentioned Shaw’s therapies have been “improper” and “questionable in probably the most conservative method,” in line with a replica of the preliminary findings report from November obtained by USA TODAY. 

Shaw disregarded regular procedures by failing to elucidate, justify, correctly doc and procure knowledgeable consent for his therapies, which he carried out with out providing a chaperone and with out correct oversight, certification and coaching, Borchers wrote in a four-page evaluation. Massaging the breast and groin space is usually inappropriate absent clear medical circumstances necessitating such contact, and it’s “not moral to succeed in underneath clothes in a delicate space in any scenario,” Borchers wrote.

A Division of Justice investigation launched in September largely faulted the college’s response, saying officers did not adequately reply to reviews of sexual harassment and assault by Shaw for greater than a decade.

“SJSU’s actions gave the Athletic Coach unfettered entry to student-athletes and led college students to really feel that additional reviews of sexual harassment could be futile,” the DOJ wrote.

That investigation discovered that Shaw “engaged in unwelcome sexual touching” of an athlete a month after the college instructed him in January 2020 to not deal with athletes anymore. The college had beforehand issued comparable broad directives to not deal with feminine athletes, together with feminine swimmers particularly, however didn’t implement them.

Contact Kenny Jacoby at kjacoby@gannett.com and Rachel Axon at raxon@usatoday.com.