Ex-SJSU softball coach files lawsuit saying he was let go in retaliation

SAN JOSE — A former San Jose State women’s softball coach has sued athletic director Marie Tuite and the California State University system for wrongful termination and retaliation in an expanding case that calls into question the management of the university’s athletics department.

Peter Turner, who coached at SJSU for 14 years until his contract was not renewed last July after a 21-5 season, filed a complaint on Friday a day after school president Mary Papazian publicly acknowledged officials had mishandled a 2009 sexual abuse investigation involving women swimmers.

The sex abuse inquiry is unrelated to Turner and the school’s softball program, according to multiple sources.

The suit lists several small slights as the believed reason for Tuite’s alleged retaliation, ranging from players’ exit interviews that were critical of the department to Turner’s opposition to retaliation against others within the department.

Turner, 63, alleges in Santa Clara County Superior Court that Tuite orchestrated a scheme to oust him after she became the athletic director in 2017.

“Turner has never been officially written up or reprimanded while at SJSU and his performance reviews are inconsistent with the decision to terminate him,” the 25-page complaint said. “However, much like Tuite has done to others, Turner suffered the ultimate retaliation. Tuite and her tight-knit group of allies at SJSU have worked to eradicate numerous employees over the past three years.”

The suit alleges Turner, a member of the National Softball Hall of Fame, was the target of two Title IX investigations initiated by Tuite. Turner and his son, former assistant coach Chase Turner, were subjects of investigations from mid-2018 to January 2019. Chase Turner was accused of sexual harassment in the investigation and put on administrative leave, according to media reports. Peter Turner was alleged to favor certain athletes for playing time, the reports said.

The men were exonerated, according to the lawsuit.

“Tuite works in tandem with other departments in the university to avoid proper protocols and violate confidentiality so they can reach the predetermined conclusions to dismiss or eradicate anyone who does not agree with them,” the complaint alleges.

The suit says Turner was let go on July 10, the day after he filed a grievance through the CSU system alleging discrimination, harassment, retaliation by athletic administrators.

“I think anything short of putting Marie Tuite on administrative leave pending investigation is insufficient,” said lawyer Jason Smith, who represents Turner in the case.

Neither the California State University Chancellor’s Office nor the SJSU campus has received or seen a lawsuit, an SJSU spokesman said Friday.

Turner’s lawsuit is the latest in a series of legal actions Tuite and the CSU system faces. It started with allegations that former medical director Scott Shaw had inappropriately touched 17 women athletes under the guise of physical therapy. Shaw continued treating athletes at San Jose State for 10 years after the initial investigation.

Shaw, who resigned in August, has denied the allegations through an attorney. No charges have been filed against him.

In March, former deputy athletic director Steve O’Brien filed a wrongful termination and retaliation lawsuit in Santa Clara County Superior Court alleging he was fired for trying to preserve the integrity of an internal investigation into the women’s claims of sexual abuse.

Also last month, 10 former SJSU athletes filed tort claims with the California State University system as the first step to filing a civil lawsuit. The claimants, whose names were redacted in the documents, allege they were victims of sexual abuse, harassment, and discrimination.

The university’s handling of the Shaw case is under investigation by federal authorities, according to Smith, the lawyer representing Turner and a former SJSU athletics administrator. Smith said he sat in on two interviews of his client by Department of Justice and FBI agents.

Turner, the former USA men’s softball national team coach, was a two-time conference coach of the year who compiled a 413-329 record. The Spartans finished second in the Mountain West Conference in 2019 after going 37-16. San Jose State was 21-5 last year before the season ended in March because of the COVID-19 pandemic.

The Spartans are 4-16 under new coach Tammy Lohmann with the season scheduled to end in mid-May.

The suit asks for unspecified economic damages and “appropriate injunctive and declaratory relief.”