San Jose State sues federal government over transgender athlete ruling

San Jose State University President Cynthia Teniente-Matson announced Friday that the school and the California State University (CSU) system are suing the federal government to challenge the U.S. Department of Education’s recent determination that SJSU violated Title IX in its handling of a transgender volleyball player. 

The department’s Office of Civil Rights (OCR) announced at the end of January that an investigation into the university for its handling of a trans athlete and other players concluded that the school violated Title IX and gave the school an ultimatum to resolve the violation by agreeing to a series of conditions. 

But now, instead of complying like the University of Pennsylvania did last summer related to its handling of trans swimmer Lia Thomas, SJSU and CSU are suing to prevent potential federal funding cuts. 

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Blaire Fleming of the San Jose State Spartans during the third set against the Air Force Falcons at Falcon Court at East Gym Oct. 19, 2024, in Colorado Springs, Colo.  (Andrew Wevers/Getty Images)

“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,” Teniente-Matson said Friday.

“This is not a step we take 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 school is also requesting that OCR rescind its findings and close its investigation. 

Fox News Digital has reached out to the Department of Education for a response. 

Teniente-Matson affirmed the university’s commitment to defending the LGBTQ community in the announcement.

“Our support for the LGBTQ members of our community, who have experienced threats and harms over the last several years, remains unwavering. We know the attention the university has received around this issue and the investigative process that followed have been unsettling for many in our community,” the president said. 

“We’ve heard the fear and anxiety that it 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 the team rostered trans athlete Blaire Fleming since 2022. Former SJSU co-captain Brooke Slusser joined a lawsuit and led her own, alleging she was never told Fleming was a biological male when she joined the team and shared bedrooms and changing spaces with Fleming without that knowledge.

Slusser has responded to SJSU and CSU’s decision to sue in a statement to Fox News Digital. 

“It makes me so mad that SJSU still refuses to see that everything they did is wrong. I think they’re just too scared to admit it and face the repercussions of their actions!” Slusser said.

Slusser made a public statement on X, calling the decision “absurd.” 

Seven matches, including a conference semifinal, were forfeited to SJSU in 2024 during the controversy. 

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 spike her in the face during a match. The department claims “SJSU did not investigate the conspiracy, but later subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews.”

Slusser alleged in her November 2024 lawsuit against the Mountain West that she and former assistant coach Melissa Batie-Smoose were made aware of a meeting between Fleming and Colorado State women’s volleyball player Malaya Jones on Oct. 2, 2024, during which Fleming discussed a plan with Jones to have Slusser spiked in the face during a match the following night.

A federal judge made a ruling in that lawsuit’s motion to dismiss on Tuesday. Colorado District Judge Kato Crews dismissed all the plaintiffs’ charges against the Mountain West Conference but did not dismiss charges of Title IX violations against the CSU system. 

Crews deferred his ruling on whether to dismiss those charges until after a decision in the ongoing B.P.J. v. West Virginia Supreme Court case, which is expected in June.

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“The Motion to Strike Class Allegations is denied,” Crews wrote in his decision. “What remains of the Amended Complaint is Plaintiffs’ Title IX claims for damages against the CSU Board… So the Court defers ruling on the Title IX damages claims until after the Supreme Court has issued its ruling in B.P.J.“

The CSU provided a statement to Fox News Digital in response to Crews’ ruling. 

“CSU is pleased with the court’s ruling. SJSU has complied with Title IX and all applicable law, and it will continue to do so,” the statement said.

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