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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 for Civil Rights (OCR) announced in late January that an investigation into the university for its handling of a trans athlete and other players found 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 filing a lawsuit to prevent possible cuts in federal funding.
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Blaire Fleming of the San Jose State Spartans during the third game against the Air Force Falcons at Falcon Court at East Gym on October 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
“Because we believe OCR’s findings are not based in 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 funding,” Teniente-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 followed the law and cannot be punished for it.”
The school is also asking OCR to reverse its findings and close its investigation.
PK Press Club Digital has reached out to the Department of Education for a response.
Teniente-Matson affirmed the university’s commitment to advocating for the LGBTQ community in the announcement.
“Our support for LGBTQ members of our community, who have suffered threats and harm in recent years, remains unwavering. We know that the attention the university has received on this matter and the investigative process that followed have been destabilizing for many members of our community,” the president said.
“We have heard the fear and anxiety this has created and recognize that waiting for the university’s response has been difficult at a time already filled with uncertainty.”
The university and its volleyball program were thrust into the national spotlight in 2024 after it was revealed that trans athlete Blaire Fleming has been on the team since 2022. Former SJSU co-captain Brooke Slusser joined a lawsuit and led her own, alleging she was never told Fleming was a biological male when she joined the team and shared rooms and changed spaces with Fleming without this knowledge.
Seven games, including a conference semifinal, were lost to SJSU in 2024 during the controversy.
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 punch her face during a game. The department claims that “SJSU did not investigate the conspiracy, but subsequently subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews.”
Slusser alleged in her November 2024 lawsuit against Mountain West that she and former assistant coach Melissa Batie-Smoose were informed of a meeting between Fleming and Colorado State women’s volleyball player Malaya Jones on October 2, 2024, during which Fleming discussed a plan with Jones for Slusser to be poked in the face during a match the following night.
A federal judge ruled Tuesday on the motion to dismiss that lawsuit. 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 postponed his decision on whether to dismiss these charges until a decision is made in the ongoing case BPJ v. West Virginia Supreme Court case, expected in June.
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“The motion to strike the class allegations is denied,” Crews wrote in his decision. “What remains of the Amended Complaint are Plaintiffs’ claims for Title IX damages against the CSU Board of Trustees… The Court therefore defers its decision on the Title IX damages claims until after the Supreme Court has issued its decision in the BPJ case.“
The CSU provided a statement to PK Press Club Digital in response to Crews’ decision.
“CSU is pleased with the court’s decision. SJSU has complied with Title IX and all applicable laws, and will continue to do so,” the statement said.
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