The U.S. Department of Education has notified San Jose State University that it faces impending enforcement action for refusing to comply with a prior Title IX investigation finding.[1]
San Jose State University and the California State University system filed a lawsuit in March 2025 challenging the department's determination that the university violated Title IX through its handling of a transgender athlete, identified as biological male, on the women's volleyball teams from 2022 to 2024.[1]
The athlete, Blaire Fleming, competed for the SJSU Spartans women's indoor volleyball team in the Mountain West Conference during the 2024 season, as well as the beach volleyball team in prior years.[2][3]
During the 2024 season, at least five teams forfeited matches against SJSU, including the University of Wyoming on October 5 and Utah State University on October 18.[4][5]
Former SJSU volleyball co-captain Brooke Slusser filed a lawsuit in late 2024 against the university, its athletic department and others, alleging Title IX violations related to Fleming's participation, including shared living arrangements.[1][6]
Kimberly Richey, assistant secretary for civil rights at the department, stated the university had opportunities to resolve the matter by separating athletes by biological sex, barring males from women's facilities, restoring forfeited titles to female athletes and issuing apologies.[1]
The department provided SJSU with 10 days to accept a resolution agreement or face potential referral to the Justice Department and loss of federal funding.[1]
SJSU previously entered a 2021 agreement with the U.S. Department of Justice to address Title IX violations involving inadequate responses to sexual harassment reports against female student-athletes by an athletic trainer dating back to 2009.[7]
Sources
- Fox News Digital, "FIRST ON FOX: President Donald Trump's Department of Education said it has notified San Jose State University (SJSU) that it faces 'impending enforcement action'...", April 23, 2025, https://www.foxnews.com/sports/first-fox-trumps-department-education-notifies-san-jose-state-impending-enforcement-action-title-ix-refusal
- ESPN, "San Jose State volleyball player Blaire Fleming at center of transgender debate", October 2024, https://www.espn.com/college-sports/story/_/id/41678888/wyoming-forfeit-volleyball-match-san-jose-state-blaire-fleming
- ESPN, "Utah State to forfeit San Jose State volleyball match over transgender athlete concerns", October 18, 2024, https://www.espn.com/college-sports/story/_/id/41723456/utah-state-forfeit-volleyball-match-san-jose-state-transgender-blaire-fleming
- ESPN, "Wyoming forfeits volleyball match vs. San Jose State over transgender athlete", October 4, 2024, https://www.espn.com/college-sports/story/_/id/41678888/wyoming-forfeit-volleyball-match-san-jose-state-blaire-fleming
- Fox News, "Former SJSU volleyball captain sues school alleging Title IX violations over trans teammate", November 2024, https://www.foxnews.com/sports/former-san-jose-state-volleyball-captain-sues-alleging-title-ix-violations-trans-teammate
- U.S. Department of Justice, "Justice Department Reaches Agreement with San Jose State University to Resolve Allegations of Sexual Harassment of Female Student-Athletes", June 23, 2021, https://www.justice.gov/opa/pr/justice-department-reaches-agreement-san-jose-state-university-resolve-allegations-sexual