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San Jose State University responded to an announcement from the U.S. Department of Education on Wednesday that found the school had violated Title IX due to its prior 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 athletic participation on our former 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 the proposed resolution agreement,” a statement from SJSU 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 on Falcon Court at East Gym on Oct. 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
The Department of Education has given the university 10 days to comply with a series of agreements or risk “imminent enforcement action”.
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 recognize that the sex of a human being (male or female) is immutable;
- Specify that SJSU will follow Title IX by separating athletic and intimate facilities based on biological sex;
- State that SJSU will not delegate its obligation to comply with Title IX to any outside association or entity and will not contract with any entity that discriminates on the basis of sex;
- Restore to individual athletes all individual athletic records and titles that were misappropriated by male athletes competing in women’s categories, and issue a personalized letter of apology on behalf of SJSU to each athlete for allowing their participation in athletics to be marred by sexual discrimination; and
- Send a personalized apology to every woman who played in SJSU women’s indoor volleyball (2022-2024), 2023 beach volleyball, and any woman on a team that lost instead of competing against SJSU while a student was on the roster, expressing your sincere regret for putting female athletes in that position.
The Department of Education launched an investigation into the university last February after a highly publicized university volleyball season that caused seven teams to lose games to SJSU amid the controversy.
WHITE HOUSE MAKES STATEMENT AFTER BROOKE SLUSSER RAISES SJSU VOLLEYBALL ACCUSATIONS
Blaire Fleming of the San Jose State Spartans watches during the third set against the Air Force Falcons on Falcon Court at East Gym on October 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 university representatives after alleging that she was forced to share locker rooms and dormitories with trans teammate Blaire Fleming in 2023 without being told that Fleming is a biological man.
Former assistant coach Melissa Batie-Smoose was suspended and then not re-signed to a new contract after filing a Title IX complaint against the school for its handling of Fleming.
U.S. Secretary of Education Linda McMahon addressed the findings in a statement Wednesday.
“San Jose State University caused significant harm to female athletes by allowing a man to compete on the women’s volleyball team, and when the athletes spoke out, SJSU retaliated. Today, we found that SJSU violated Title IX and we will hold them accountable,” McMahon said.
Among the department’s findings, it was determined that an athlete discovered that the trans student allegedly conspired to have a member of an opposing team punch her in the face during a game. ED states that “SJSU did not investigate the conspiracy, but later subjected the athlete to a Title IX complaint for ‘misgendering’ the male athlete in videos and online interviews.”
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SJSU trans player Blaire Fleming and teammate Brooke Slusser went to a magic show and celebrated Thanksgiving together in Las Vegas despite an ongoing lawsuit over the fact that Fleming was transgender. (Thien-An Truong/San Jose State Athletics)
In 2025, the Department of Education settled with the University of Pennsylvania over its handling of transgender swimmer Lia Thomas, and with Wagner College over its handling of transgender fencer Redmond Sullivan. However, it was unable to reach agreements with state agencies in Maine and California, resulting in lawsuits from the Department.
SJSU’s response will determine the next chapter in the president’s mission to “save women’s sports.”
