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U.S. Secretary of Education Linda McMahon responded to San Jose State University (SJSU) and the California State University (CSU) system after the institutions sued the federal government to challenge the findings of a federal Title IX investigation.
SJSU and CSU announced their lawsuit Friday after the Department of Education determined that SJSU violated Title IX in its handling of a transgender volleyball player from 2022-24.
Now, McMahon is giving the institutions 10 days to reach an agreement or risk cuts in federal funding and a referral to the U.S. Department of Justice.
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“Protecting women’s sports is non-negotiable. After we found SJSU in violation of Title IX, they refused to negotiate a resolution. SJSU, you have ten days to stop your discriminatory practices,” McMahon X wrote Wednesday.
McMahon’s submission included a letter sent to SJSU President Cynthia Teniente-Matson from the ED’s Office of Civil Rights (OCR).
“Based on the recipient’s proactive refusal to voluntarily negotiate to resolve OCR’s concerns, OCR has determined that a voluntary agreement will not be reached and we are at an impasse. OCR will issue a letter of impending enforcement action within 10 calendar days if a resolution agreement is not reached within the 10-day period,” the letter states.
“Enforcement action may include initiation of an administrative process set forth in 20 USC § 1681, a seq.; 34 CFR Parts 100, 101, 106; and 20 USC § 1234, a seq. to suspend, terminate or refuse to provide or continue federal funding – or other means authorized by law, including referral to the Department of Justice. This letter does not constitute final agency action.”
Pakinomist Digital has reached out to SJSU and CSU for a response.
Teniente-Matson previously announced that the university would not agree to the Ministry of Education’s proposed dissolution agreement.
“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.”
‘TERRIFYING’ MOMENTS UNR VOLLEYBALL PLAYERS EXPERIENCED AS THEY WENT INTO THE SJSU TITLE IX SCANDAL
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,” she 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 has listed trans athlete Blaire Fleming since 2022. Former SJSU co-captain Brooke Slusser joined a lawsuit and led her own, claiming she was never told Fleming was a biological male when she joined the team and shared bedrooms and changing rooms with Fleming without that knowledge.
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.”
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Brooke Slusser #10 and Blaire Fleming #3 of the San Jose State Spartans call a play during the first set against the Air Force Falcons on Falcon Court in the East Gym on October 19, 2024 in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
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 a female Colorado State volleyball player on October 2, 2024, in which Fleming discussed a plan with Jones to spike Slusser in the face during a match the following night.
Slusser has since become a viral controversy after an interview with Pakinomist Digital in which she revealed what it was like to live with Fleming in the same apartment.
