San Jose State University Faces Federal Funding Threat Over Title IX Compliance
The U.S. Department of Education is escalating its enforcement action against San Jose State University (SJSU) regarding its compliance with Title IX, potentially jeopardizing the university’s federal funding. The dispute centers on the participation of a transgender woman on the school’s women’s volleyball team and allegations of retaliation against those who raised concerns.
Timeline of Events
The Department of Education’s Office for Civil Rights (OCR) initiated a directed investigation in February 2025 following complaints about a male athlete competing on the female indoor volleyball team and alleged retaliation against female students and an assistant coach who opposed the university’s “gender identity” policies.
In January 2026, the OCR found that SJSU violated Title IX, concluding that allowing males to compete in women’s sports and access female-only facilities denies women equal educational opportunities and benefits. A proposed Resolution Agreement was submitted to SJSU to resolve the violations.
SJSU refused to sign the proposed agreement or negotiate its terms, leading to a “Letter of Impending Enforcement Action” issued on March 24, 2026. This is the third 10-day deadline issued by the OCR, with the first in January and the second expiring last weekend.
OCR’s Demands for Resolution
The OCR has outlined several actions SJSU must take to come into compliance with Title IX, including:
- Issuing a public statement adopting biology-based definitions of “male” and “female” and acknowledging the immutability of sex.
- Specifying that SJSU will adhere to Title IX by separating sports and intimate facilities based on biological sex.
- Stating that SJSU will not delegate its Title IX obligations to external entities and will not contract with discriminatory organizations.
- Restoring athletic records and titles to female athletes impacted by male competitors and issuing personalized apologies.
- Sending personalized apologies to female volleyball players from 2022-2024 and those on teams that forfeited matches against SJSU due to the presence of a male athlete.
SJSU’s Response and Legal Challenge
SJSU maintains that it followed the law in allowing the transgender athlete, Blaire Fleming, to compete. President Cynthia Teniente-Matson stated the university “vigorously disputes the conclusions that OCR reached” and believes its actions were consistent with legal requirements.
On March 6, 2026, SJSU and the California State University (CSU) system filed a lawsuit against the federal government, challenging the OCR’s findings and seeking to prevent the potential withholding of federal funding. The CSU lawsuit argues that the Department of Education’s actions constitute “lawless overreach.”
Potential Financial Impact
Approximately two-thirds of SJSU students receive around $130 million in federal financial aid annually. Losing federal funding could similarly disrupt $175 million in research funding.
Related Legal Cases
A separate lawsuit filed by former SJSU volleyball player Brooke Slusser against the CSU system is currently on hold pending a Supreme Court ruling in B.P.J. V. West Virginia, expected in June 2026. This case concerns a West Virginia law restricting transgender athletes’ participation in girls’ sports.
SJSU has 10 calendar days from March 24, 2026, to come into compliance or face further enforcement action, including potential referral to the U.S. Department of Justice and termination of federal funding.