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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 ruling that SJSU violated Title IX in its handling of a transgender volleyball player.
The department’s Office of Civil Rights (OCR) announced in late January that an investigation into the university’s 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, as the University of Pennsylvania did last summer in 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 on Falcon Court at East Gym October 19, 2024 in Colorado Springs, Colo. (Andrew Wevers/Getty Images)
“Because we believe OCR’s findings are not based on fact or the law, SJSU and CSU today filed a lawsuit against the federal government to challenge these 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 followed the law and cannot be punished for doing so.”
The school is also asking OCR to retract its findings and close its investigation.
Pakinomist Digital has contacted the Department of Education for a response.
Teniente-Matson reaffirmed the university’s commitment to advocating for the LGBTQ community in the announcement.
“Our support for the LGBTQ members of our community who have experienced threats and harm over the past several years remains unwavering. We know the attention the university has received around this issue and the investigative process that followed has been disturbing to many in our community,” the president said.
“We have heard the fear and anxiety this has created and recognize that it has been difficult to wait for the university’s response at a time already fraught with uncertainty.”
The university and its volleyball program were thrust into the national spotlight in 2024 after it was revealed that the team’s trans athlete Blaire Fleming since 2022. Former SJSU co-captain Brooke Slusser joined a lawsuit and filed her own, claiming she was never told Fleming was a biological male when she joined the bedroom and shared a room with Fleming without switching rooms with the team.
Seven games, including a conference semifinal, were lost to SJSU in 2024 during the controversy.
Among the department’s findings, it determined that a female athlete discovered the trans student allegedly conspired to have a member of an opposing team spike her in the face during a game. 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 claimed 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 October 2, 2024, in which Fleming discussed a plan with Jones to impale Slusser in the face during a match the following night.
A federal judge on Tuesday issued a ruling in the case’s motion to dismiss. Colorado District Judge Kato Crews dismissed all of the plaintiffs’ allegations against the Mountain West Conference, but did not dismiss charges of Title IX violations against the CSU system.
Crews deferred its decision on whether to dismiss those charges until after a decision in the ongoing BPJ v. West Virginia Supreme Court case 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 claim for damages against the CSU Board of Directors… So the Court will stay ruling on the Title IX damages claims until after the Supreme Court issues its decision in BPJ“
CSU released a statement to Pakinomist Digital in response to Crews’ decision.
“CSU is pleased with the court’s decision. SJSU has complied with Title IX and all applicable law and will continue to do so,” the statement said.
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