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U.S. Secretary of Education Linda McMahon responded to San Jose State University (SJSU) and the California State University (CSU) system after the institutions sued the federal government to challenge the findings of a federal Title IX investigation.
SJSU and CSU announced their lawsuit Friday after the Department of Education determined that SJSU violated Title IX in its handling of a transgender volleyball player between 2022 and 2024.
Now, McMahon is giving the institutions 10 days to reach an agreement or risk federal funding cuts and a referral to the US Department of Justice.
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“The protection of women’s sports is non-negotiable. After we discovered that SJSU was violating Title IX, they refused to negotiate a resolution. SJSU, you have ten days to stop your discriminatory practices,” McMahon wrote on Wednesday X.
McMahon’s post included a letter sent to SJSU President Cynthia Teniente-Matson from the ED’s Office of Civil Rights (OCR).
“Based on the recipient’s proactive refusal to voluntarily negotiate resolution of OCR’s concerns, OCR has determined that a voluntary agreement will not be reached and we are at an impasse. OCR will issue an imminent enforcement action letter in 10 calendar days if a resolution agreement is not reached within that 10-day period,” the letter said.
“Enforcement action may include initiation of an administrative proceeding set forth in 20 USC § 1681, and following.; 34 CFR Parts 100, 101, 106; and 20 USC § 1234, and following. suspend, cancel or refuse to award or continue federal funds, or other means authorized by law, including referral to the Department of Justice. “This letter does not constitute final agency action.”
Pak Gazette Digital reached out to SJSU and CSU for a response.
Lieutenant-Matson previously announced that the university would not accept the Department of Education’s proposed settlement agreement.
“Because we believe OCR’s findings are not based on fact or law, SJSU and CSU today filed a lawsuit against the federal government to challenge those findings and prevent the federal government from taking punitive action against the university, including the potential withholding of critical federal funds,” Lieutenant-Matson said Friday.
“This is not a step we take lightly. However, we have a responsibility to uphold the integrity of our institution and the rule of law, while ensuring that every member of our community is treated fairly and in accordance with the law. Our position is simple: we have followed the law and cannot be punished for doing so.”
‘HORRIBLE’ MOMENTS EXPOSED FOR UNR VOLLEYBALL PLAYERS WHEN THEY WERE ACCOMPANIED INTO SJSU TITLE IX SCANDAL
Lieutenant-Matson affirmed in the announcement the university’s commitment to advocating for the LGBTQ community.
“Our support for LGBTQ members of our community, who have experienced threats and harm in recent years, remains unwavering. We know that the attention the university has received around this issue and the investigative process that followed has been disturbing to many in our community,” he said. “We have heard the fear and anxiety it has created and recognize that waiting for the university’s response has been difficult in a time that is already filled with uncertainty.”
The university and its volleyball program came into the national spotlight in 2024 after it was revealed that the team included trans athlete Blaire Fleming from 2022. Former SJSU co-captain Brooke Slusser joined the lawsuit and ran his own, claiming he was never told Fleming was a biological male when he joined the team and shared dormitories and changing spaces with Fleming without that knowledge.
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. The department 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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Brooke Slusser #10 and Blaire Fleming #3 of the San Jose State Spartans call a play during the first set against the Air Force Falcons on Falcon Court at East Gym on October 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
Slusser alleged in her November 2024 lawsuit against Mountain West that she and former assistant coach Melissa Batie-Smoose learned of a meeting between Fleming and a Colorado State volleyball player on Oct. 2, 2024, during which Fleming discussed a plan with Jones to have Slusser nailed in the face during a match the following night.
Slusser has since become a figure of viral controversy after an interview with Pak Gazette Digital in which he revealed what it was like to live with Fleming in the same apartment.
