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U.S. Education Secretary Linda McMahon responded to the San Jose State University (SJSU) and California State University (CSU) systems after the institutions took the federal government to court challenging 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 from 2022-24.
Today, McMahon is giving the institutions 10 days to reach an agreement, or risk reducing federal funding and being referred to the U.S. Department of Justice.
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“Protecting women’s sports is non-negotiable. After finding that SJSU was violating Title IX, they refused to negotiate a resolution. SJSU, you have ten days to end your discriminatory practices,” McMahon wrote Wednesday.
McMahon’s message included a letter sent to SJSU President Cynthia Teniente-Matson from ED’s Office for Civil Rights (OCR).
“Based on the recipient’s proactive refusal to voluntarily negotiate a resolution of OCR’s concerns, OCR has determined that a voluntary agreement will not be reached and we are at an impasse. OCR will send a letter of imminent enforcement action in 10 calendar days if a resolution agreement is not reached within that 10 day period,” the letter states.
“Enforcement action may include initiation of an administrative proceeding provided for in 20 USC § 1681, and following.; 34 CFR parts 100, 101, 106; and 20 USC § 1234, and following. suspend, terminate, or refuse to award or continue federal funding – or any other means authorized by law, including referral to the Department of Justice. This letter does not constitute final action by the agency.”
PK Press Club Digital has reached out to SJSU and CSU for a response.
Teniente-Matson previously announced that the university would not accept the resolution agreement proposed by the Department of Education.
“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.”
‘HORRIBLE’ MOMENTS EXPOSED FOR UNR VOLLEYBALL PLAYERS WHEN THEY WERE EMBRACED IN SJSU TITLE IX SCANDAL
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 issue and the investigative process that followed has been destabilizing for many members of our community,” she 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 that she was never told that Fleming was a biological male when she joined the team and unknowingly shared changing rooms and spaces with Fleming.
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.”
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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 at 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 the Mountain West that she and former assistant coach Melissa Batie-Smoose were informed of a meeting between Fleming and a Colorado State women’s volleyball player on Oct. 2, 2024, during which Fleming discussed a plan with Jones to have Slusser get poked in the face during a game the following night.
Slusser has since become a figure of viral controversy after an interview with PK Press Club Digital in which she revealed what it was like living with Fleming in the same apartment.
