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FIRST ON FOX: President Donald Trump’s Department of Education said it has notified San Jose State University (SJSU) that it faces “impending enforcement action” for its “refusal to comply with Title IX.”
SJSU and the California State University (CSU) system filed a lawsuit earlier in March to challenge an Education Department investigation that determined the university violated Title IX in its handling of a biological male transgender volleyball player on a women’s team from 2022-24.
Now, the administration is cracking down against that resistance.
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“We have provided SJSU with multiple opportunities to resolve its Title IX violations with common sense actions: separating male and female athletes based on their biological sex, keeping men out of women’s locker rooms and bathrooms, restoring rightfully-earned titles and accolades to female athletes, and apologizing to the women forced to forfeit competitions to protect themselves,” Kimberly Richey, the department’s assistant secretary for civil rights, said in an announcement.
“Yet, SJSU remains obstinate, choosing a radical ideology over safety, dignity, and fairness for its own students. With today’s action, the Department is putting the university on notice: comply with the law or risk losing its federal funding.”
Fox News Digital has reached out to SJSU and CSU for a response.
Brooke Slusser and Blaire Fleming of the San Jose State Spartans call a play against the Air Force Falcons on Oct. 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
The conflict between Trump’s administration and the school stems back to the 2024 season, when a national controversy involving transgender player Blaire Fleming triggered an election-cycle media firestorm, all during Trump’s third White House campaign.
The Education Department’s investigation has claimed, “SJSU actively recruited and allowed a male to compete on the women’s indoor and beach volleyball teams and reportedly instructed members of the coaching staff not to tell the female players that the athlete was a male.”
The investigation added that “on multiple occasions, the male athlete spiked the ball so forcefully that it knocked females on the opposing team to the ground.”
One of the standout details of the investigation’s findings was that a female SJSU player “discovered that the male student had conspired to have a member of the opposing team spike her in the face during an upcoming match. SJSU did not investigate the conspiracy, but later subjected this female athlete to a Title IX complaint for reportedly ‘misgendering’ the male athlete when discussing this incident in online videos and interviews.”
Former SJSU co-captain Brooke Slusser has included those allegations in her ongoing lawsuit against representatives of SJSU and CSU.
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After SJSU and CSU announced they were suing the Trump administration to challenge the findings, Slusser, and other former NCAA players, came forward about their alleged experience during the scandal, and how it affected them, in recent interviews with Fox News Digital.
Slusser, who shared an apartment with Fleming at SJSU without knowing the athlete’s birth sex, became the subject of viral debate after her interview reflecting on the experience sharing spaces with Fleming.
“You find out you’re just chilling in a bed with a man that you have no idea about… I [was] unknowingly sharing a bed at that time with a man,” Slusser said, also alleging SJSU volleyball coach Todd Kress encouraged her to live in the same apartment as the trans teammate when another group of players was also looking for a final tenant.
Former Utah State volleyball star Kaylie Ray told Fox News Digital that during matches against SJSU and Fleming in 2022 and ’23, before Fleming’s birth sex was known, she had teammates suffer finger injuries from the trans athlete’s spikes.
“I had teammates who had seriously jammed their fingers, luckily not broken, but a handful of girls who had sustained minor injuries from the male player,” Ray said, adding, “We knew that if the male athlete had a phenomenal game, there was nothing we could do to stop that person.”
Ray’s Utah State team became one of five teams to forfeit at least one game to SJSU in 2024, seemingly in protest of Fleming. She says the forfeit impacted her team’s hopes of winning their fourth straight Mountain West championship.
Meanwhile, the University of Wyoming forfeited two matches to SJSU in 2024. Former Cowgirls player Macey Boggs told Fox News Digital that the decisions to forfeit the games “permanently ruined” friendships among her teammates.
“There were some of the girls who I really enjoyed, and we got along great, and then this situation came up, some conflict came up, and ultimately we went in separate directions because of that… as soon as we played in our last game, we all went in separate directions… it was hard to maintain those relationships,” Boggs said.
SJSU was plagued by a separate Title IX violation in sports that it had to resolve with the Biden administration in 2021. The university ultimately came to a $1.6 million resolution with the Department of Justice in 2021.
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The DOJ found that SJSU failed for more than a decade to respond adequately to reports of sexual harassment, including sexual assault, of female student-athletes by an athletic trainer then working at SJSU, beginning in 2009 when female student-athletes reported that the trainer subjected them to repeated, unwelcome sexual touching.
The department and SJSU entered into a comprehensive agreement to address the findings of the investigation, which began in June 2020 during Trump’s first term.
Now, Trump’s current administration is giving the school 10 more days to comply with a series of resolution agreements to resolve the volleyball situation, or face enforcement action, including referral to the DOJ and termination of SJSU’s federal funding.
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