Federal Investigation Concludes Title IX Violations at San José State
San José State University (SJSU) has been found in violation of Title IX of the Education Amendments of 1972 by the U.S. Department of Education's Office for Civil Rights (OCR). The federal agency announced its findings on Wednesday, January 28, 2026, concluding that the university discriminated against women by permitting a male athlete to participate on the women's volleyball team and by retaliating against female athletes and an assistant coach who voiced objections.
The OCR's investigation, initiated in February 2025, centered on allegations that SJSU allowed a male to compete on the female indoor volleyball team and subsequently retaliated against individuals who condemned its 'gender identity' policies. Assistant Secretary for Civil Rights Kimberly Richey stated, 'SJSU caused significant harm to female athletes by allowing a male to compete on the women's volleyball team—creating unfairness in competition, compromising safety, and denying women equal opportunities in athletics, including scholarships and playing time.' Richey further added, 'Even worse, when female athletes spoke out, SJSU retaliated—ignoring sex-discrimination claims while subjecting one female SJSU athlete to a Title IX complaint for allegedly 'misgendering' the male athlete competing on a women's team.'
Details of the Allegations and Retaliation
The controversy gained national attention during the 2024 volleyball season, primarily involving transgender athlete Blaire Fleming, who competed on the women's team from 2022 to 2025. Several teams in the Mountain West Conference, including Boise State, Wyoming, Utah State, and Nevada-Reno, forfeited games against SJSU in protest of Fleming's participation.
Among the female athletes who spoke out was co-captain Brooke Slusser, who joined multiple lawsuits against the NCAA, the Mountain West Conference, and university representatives. Slusser alleged that she was made to share changing spaces and bedrooms with Fleming in 2023 without being informed that Fleming was a biological male. Additionally, former associate head volleyball coach Melissa Batie-Smoose filed a Title IX complaint in November 2024 regarding Fleming's inclusion and later alleged retaliation after being suspended and not re-signed to a new contract. Batie-Smoose's complaint also included an allegation that Fleming conspired with an opposing player to intentionally spike a ball at Slusser's face during a match. However, the Mountain West Conference later concluded there was insufficient evidence to support claims of misconduct between players from Colorado State and San Jose State regarding this alleged conspiracy.
Demands for Resolution and University Response
The Department of Education has presented SJSU with a series of demands, requiring compliance within 10 days to avoid 'imminent enforcement action,' which could include a Justice Department lawsuit and the potential loss of federal funding. The proposed resolution agreement mandates that SJSU must:
- Issue a public statement adopting biology-based definitions of 'male' and 'female' and acknowledging that biological sex is unchangeable.
- Specify that SJSU will separate sports and intimate facilities based on biological sex.
- State that SJSU will not delegate its obligation to comply with Title IX to any external association or entity.
- Restore to female athletes all individual athletic records and titles 'misappropriated by male athletes' competing in women's categories.
- Send personalized letters of apology to every woman who played in SJSU's women's indoor volleyball from 2022 to 2024 for allowing their participation to be marred by sex discrimination.
In response, San José State University officials have stated they are reviewing the Department's findings and proposed resolution agreement. The university affirmed its commitment to 'providing a safe, respectful, and inclusive educational environment for all students while complying with applicable laws and regulations.'
5 Comments
Raphael
Finally, some justice for female athletes! This ruling protects the integrity of women's sports.
Leonardo
This is a huge win for common sense and fairness. Title IX was created for biological women.
Raphael
It's important to uphold the original intent of Title IX to create equal opportunities for women. Yet, this ruling could alienate an already vulnerable group, and we need to seek solutions that offer inclusion without compromising fairness.
Michelangelo
SJSU got what they deserved. Retaliating against women for speaking up is unacceptable.
Raphael
The allegations of retaliation against female athletes are deeply troubling and must be addressed by SJSU. However, the OCR's rigid stance on biological sex might not fully acknowledge the evolving understanding of gender identity in society.