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San Jose State University responded to a U.S. Department of Education announcement on Wednesday that found that the school has been in violation of Title IX due to its previous handling of a transgender athlete on its women’s volleyball team.
“San Jose State, a member of the California State University system, received notification from the federal Department of Education’s Office of Civil Rights regarding its investigation into athletics participation on our past women’s volleyball teams. The Department informed the University of the outcome of its investigation and its findings. The University is in the process of reviewing the Department’s findings and proposed resolution agreement,” an SJSU statement said.
“We remain committed to providing a safe, respectful, and inclusive educational environment for all students while complying with applicable laws and regulations.”
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Blaire Fleming of the San Jose State Spartans attempts to block a shot during the first set against the Air Force Falcons at Falcon Court at East Gym on Oct. 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
The Education Department has given the university 10 days to comply with a series of agreements or risk “imminent enforcement action.”
The necessary terms include:
- Issue a public statement to the SJSU community that SJSU will adopt biology-based definitions of the words ‘male’ and ‘female’ and acknowledge that the sex of a human – male or female – is unchangeable;
- Specify that SJSU will follow Title IX by separating sports and intimate facilities based on biological sex;
- State that SJSU will not delegate its obligation to comply with Title IX to any external association or entity and will not contract with any entity that discriminates on the basis of sex;
- Restore to individual female athletes all individual athletic records and titles misappropriated by male athletes competing in women’s categories, and issue a personalized letter of apology on behalf of SJSU to each female athlete for allowing her participation in athletics to be marred by sex discrimination; and
- Send a personalized apology to every woman who played in SJSU’s women’s indoor volleyball (2022–2024), 2023 beach volleyball, and to any woman on a team that forfeited rather than compete against SJSU while a male student was on the roster—expressing sincere regret for placing female athletes in that position.
The Department of Education launched an investigation into the university last February after a highly publicized college volleyball season that saw seven teams forfeit games to SJSU amid the controversy.
WHITE HOUSE MAKES STATEMENT AFTER BROOKE SLUSSER COMES FORWARD WITH SJSU VOLLEYBALL ALLEGATIONS
Blaire Fleming of the San Jose State Spartans looks on during the third set against the Air Force Falcons at Falcon Court at East Gym on Oct. 19, 2024 in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
Former SJSU co-captain Brooke Slusser joined multiple lawsuits against the NCAA, the Mountain West Conference and representatives of the university after alleging she had been made to share changing spaces and bedrooms with trans teammate Blaire Fleming in 2023 without being told that Fleming is a biological male.
Former assistant coach Melissa Batie-Smoose was suspended and later not re-signed to a new contract after filing a Title IX complaint against the school for its handling of Fleming.
U.S. Education Secretary Linda McMahon addressed the findings in a statement on Wednesday.
“San Jose State University caused significant harm to female athletes by allowing a male to compete on the women’s volleyball team – and when female athletes spoke out, SJSU retaliated. Today, we found SJSU in violation of Title IX, and we will hold them accountable,” McMahon said.
Among the department’s findings, it determined that a female athlete discovered that the trans student allegedly conspired to have a member of an opposing team spike her in the face during a match. ED claims that “SJSU did not investigate the conspiracy, but later subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews.”
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SJSU trans player Blaire Fleming and teammate Brooke Slusser went to a magic show and had Thanksgiving together in Las Vegas despite an ongoing lawsuit over Fleming being transgender. (Thien-An Truong/San Jose State Athletics)
In 2025, the Department of Education came to resolutions with the University of Pennsylvania for its handling of transgender swimmer Lia Thomas, and Wagner College for its handling of transgender fencer Redmond Sullivan. However, it was unable to reach agreements with state agencies in Maine and California, resulting in Department lawsuits.
SJSU’s response will determine the next chapter in the president’s mission to “save women’s sports.”
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