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San Jose State University responded Wednesday to an announcement from the U.S. Department of Education that the school 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, has received notice from the Federal Department of Education’s Office for Civil Rights regarding its investigation into athletic participation on our former women’s volleyball teams. The department has 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 October 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
The Ministry of Education has given the university 10 days to comply with a series of agreements or face “imminent enforcement action”.
Necessary terms include:
- Issue a public statement to the SJSU community that SJSU will adopt biologically based definitions of the words “man” and “woman” and recognize that the sex of a human being – male or female – is immutable;
- Clarify that SJSU will follow Title IX by segregating sports and intimate facilities based on biological sex;
- State that SJSU will not delegate its obligation to comply with Title IX to any external association or entity and will not contract with an entity that discriminates on the basis of sex;
- Return to individual female athletes all individual sporting records and titles misappropriated by male athletes competing in female categories, and send a personalized letter of apology on behalf of SJSU to each female athlete for allowing her participation in athletics to be tainted by gender discrimination; And
- Send a personalized apology to every woman who played SJSU women’s indoor volleyball (2022-2024), 2023 beach volleyball, and any woman on a team who withdrew rather than compete against SJSU while a male student was on the roster – expressing sincere regret for placing female athletes in that position.
The Department of Education launched an investigation into the university last February after a high-profile college volleyball season which saw seven teams forfeit to SJSU amid controversy.
WHITE HOUSE MAKES STATEMENT AFTER BROOKE SLUSSER PROPOSES SJSU VOLLEYBALL ALLEGATIONS
Blaire Fleming of the San Jose State Spartans watches the third set against the Air Force Falcons at Falcon Court at East Gym on October 19, 2024 in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
Former SJSU co-captain Brooke Slusser has joined several lawsuits against the NCAA, Mountain West Conference and university officials after alleging she was forced to share locker rooms and rooms with trans teammate Blaire Fleming in 2023 without being told that Fleming is a biological male.
Former assistant coach Melissa Batie-Smoose was suspended and later did not re-sign to a new contract after filing a Title IX complaint against the school for its handling of Fleming.
U.S. Education Secretary 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 female athletes spoke out, SJSU fought back. Today we found that SJSU violated Title IX and we will hold them accountable,” McMahon said.
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. ED claims that “SJSU failed to investigate the conspiracy, but subsequently subjected the female athlete to a Title IX complaint for ‘mischaracterizing’ the male athlete in online videos and interviews.”
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Trans SJSU player Blaire Fleming and teammate Brooke Slusser went to a magic show and celebrated Thanksgiving together in Las Vegas despite a pending lawsuit over Fleming’s transgender status. (Thien-An Truong/San Jose State Athletics)
In 2025, the Department of Education entered into resolutions with the University of Pennsylvania for its handling of transgender swimmer Lia Thomas, and with Wagner College for its handling of transgender fencer Redmond Sullivan. However, he was unable to reach agreements with state agencies in Maine and California, leading to lawsuits within the department.
SJSU’s response will determine the next chapter in the president’s mission to “save women’s sports.”
