San Jose State University Sues Federal Government Over Title IX Ruling in Transgender Athlete Case

San Jose State University (SJSU) and the California State University (CSU) system are challenging a recent determination by the U.S. Department of Education’s Office of Civil Rights (OCR) that SJSU violated Title IX in its handling of a transgender volleyball player, the university announced Friday.

The OCR investigation, concluded in January, found that the school violated Title IX and issued conditions for resolution. Instead of complying, as the University of Pennsylvania did in a similar case involving swimmer Lia Thomas, SJSU and CSU filed a lawsuit to prevent potential federal funding cuts.

“Because we believe OCR’s findings aren’t grounded in the facts or the law, SJSU and the CSU filed a lawsuit today 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,” said SJSU President Cynthia Teniente-Matson in a statement. “This is not a step we seize lightly. However, we have a responsibility to defend 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 university is as well requesting that the OCR rescind its findings and close its investigation. Teniente-Matson also affirmed the university’s commitment to supporting its LGBTQ+ community, acknowledging the anxiety the situation has caused.

Background of the Controversy

The dispute stems from the inclusion of transgender athlete Blaire Fleming on the SJSU volleyball team since 2022. Former SJSU co-captain Brooke Slusser filed a lawsuit alleging she was not informed of Fleming’s biological male status when joining the team and shared locker rooms and changing spaces without that knowledge. According to the New York Post, Slusser has expressed outrage at the university’s decision to sue, stating that SJSU “still refuses to see that everything they did is wrong.”

During the 2024 season, SJSU forfeited seven matches, including a conference semifinal, amid the controversy. The OCR investigation revealed allegations that a female athlete claimed Fleming conspired with a player from an opposing team to intentionally injure her during a match. The OCR also stated that SJSU investigated the female athlete for “misgendering” Fleming online instead of investigating the alleged conspiracy.

Legal Developments

A federal judge recently ruled on motions to dismiss in a related lawsuit filed by Slusser against the Mountain West Conference. Judge Kato Crews dismissed the plaintiffs’ charges against the conference but deferred a ruling on Title IX violation claims against the CSU system pending a decision in the B.P.J. V. West Virginia Supreme Court case, expected in June. The CSU released a statement affirming its compliance with Title IX.

Cynthia Teniente-Matson’s Leadership

Cynthia Teniente-Matson was appointed President of San José State University on November 16, 2022, and assumed the presidency on January 16, 2023. According to SJSU’s website, she is the 31st president of the university and a champion for student success and institutional innovation. Under her leadership, SJSU has achieved a #5 ranking among public universities in The Wall Street Journal’s Best Colleges list and earned R2 research designation, reflecting increased research expenditures exceeding $83 million in fiscal year 2023.