SAN JOSE (KPIX 5) — The Santa Clara County District Attorney’s Office investigated San Jose State University to see if administrators lied about a sexual harassment investigation.

Now, the university wants to make its side heard, releasing this statement, “It’s important to note that the investigation initiated by the deputy district attorney did not result in any criminal charges — no crime was even identified — and the investigation was formally closed in September 2016.”

And the university is right.

There is no evidence Dean Elaine Chin and Associate Dean Mary Mcvey lied.

But in a letter to a whistleblower, obtained by KPIX5, the deputy district attorney says their investigation was “hampered” because the SJSU lawyer objected to witness interviews being recorded.

But also because Chin and Mcvey told an investigator — before a 2015 sexual harassment complaint against Professor Lewis Aptekar — that no other formal or informal complaint had been made against him.

But it turns out there was.

A 2014 anonymous complaint.

Read More: SJSU Gets Heat For Handling Of Sexual Harassment Complaint

The attorney went on to say in his letter, “we learned that, in the language of San Jose State University, an anonymous complaint is considered neither an informal or formal complaint.”

And “although there is reason to be skeptical of this definition of ‘formal or informal complaints’ it became obvious during our investigation that we would never be able to prove otherwise,” the deputy district attorney wrote.


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