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San Jose State University President Cynthia Teniente-Matson announced Friday that the school and the California State University (CSU) system are suing the federal government to challenge the U.S. Department of Education’s recent determination that SJSU violated Title IX in its handling of a transgender volleyball player.
The department’s Office of Civil Rights (OCR) announced in late January that an investigation into the university over its handling of a trans athlete and other players concluded that the school violated Title IX and gave the school an ultimatum to resolve the violation by agreeing to a series of conditions.
But now, instead of complying as the University of Pennsylvania did last summer regarding its handling of trans swimmer Lia Thomas, SJSU and CSU are suing to prevent potential federal funding cuts.
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Blaire Fleming of the San Jose State Spartans during the third set against the Air Force Falcons on Falcon Court at East Gym on Oct. 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
“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.”
The school also requests that OCR vacate its findings and close its investigation.
Pak Gazette Digital has reached out to the Department of Education for a response.
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,” the president 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 were thrust into the national spotlight in 2024 after it was revealed that the team included trans athlete Blaire Fleming as of 2022. Former SJSU co-captain Brooke Slusser joined a lawsuit and led her own, alleging that she was never told that Fleming was a biological male when she joined the team and shared rooms and changing spaces with Fleming without that knowledge.
SJSU lost seven games, including a conference semifinal, in 2024 during the controversy.
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.”
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 Colorado State volleyball player Malaya Jones on Oct. 2, 2024, during which Fleming discussed a plan with Jones to have Slusser spiked in the face during a match the following night.
A federal judge ruled on the motion to dismiss that lawsuit Tuesday. Colorado District Judge Kato Crews dismissed all of the plaintiffs’ charges against the Mountain West Conference, but did not dismiss charges of Title IX violations against the CSU system.
Crews deferred his decision on whether to dismiss those charges until after a decision in the ongoing BPJ v. W.V. Supreme Court case, expected in June.
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“The motion to dismiss the class-action allegations is denied,” Crews wrote in his decision. “What remains of the amended complaint are plaintiffs’ Title IX damages claims against the CSU Board… Therefore, the Court defers ruling on the Title IX damages claims until after the Supreme Court has issued its ruling in BPJ.“
The CSU provided a statement to Pak Gazette Digital in response to Crews’ ruling.
“CSU is pleased with the court’s ruling. SJSU has complied with Title IX and all applicable laws, and will continue to do so,” the statement said.
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