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SJSU sues the feds rather than comply with Title IX findings over transgender volleyball player

Ben Marquis,
 July 22, 2026

San Jose State University chose the courtroom over compliance. Facing a federal finding that it violated Title IX by letting a biological male compete on its women's volleyball team, the school and the California State University system filed suit against the Department of Education, calling the findings "lawless overreach" and refusing to accept a voluntary resolution.

The university now has 10 days to reverse course or risk losing federal funding entirely.

What the feds found

The Department of Education's Office for Civil Rights determined that SJSU violated Title IX dating back to 2022 by allowing transgender-identifying athlete Blaire Fleming to compete on the women's volleyball team. Fleming, a biological male, played on the team from 2022 through 2024, as Fox News reported. The federal investigation produced findings that went well beyond roster eligibility.

Investigators found it "undisputed" that a plan was discussed to injure female player Brooke Slusser during a match. The Department of Education's Title IX findings stated plainly:

"It is undisputed that there was a plan discussed to injure Student 3, and that plan to injure Student 3 was discussed by Student 1 and Student 9 in the presence of two other San José State University teammates."

The DOE also found that SJSU failed to investigate that alleged conspiracy. Instead, according to federal findings reported by the New York Post, the university subjected the targeted female athlete to a Title IX complaint for "misgendering" Fleming. The school, in other words, treated the woman who was allegedly targeted for physical harm as the offender.

A DEI monitor on the sideline

Federal investigators also alleged that SJSU assigned a DEI administrator to monitor the volleyball team full time after the controversy became public. Players were allegedly told what they were not allowed to say. The picture painted by the DOE's findings is one of institutional suppression: rather than protecting female athletes, SJSU allegedly deployed bureaucratic muscle to keep them quiet.

The fallout extended far beyond San Jose. Seven all-women's teams from other universities forfeited competitions rather than play against Fleming, Breitbart reported. Those forfeits represented a quiet, collective protest by programs that concluded the competitive arrangement was neither fair nor safe.

The pattern of universities struggling to balance federal mandates with progressive campus orthodoxy is not unique to SJSU. A federal watchdog previously alleged that the Biden-era Education Department itself defied a court order on Title IX transgender policy, setting the stage for the institutional confusion playing out now.

SJSU's legal gambit

SJSU President Cynthia Teniente-Matson announced the lawsuit on a Friday, framing it as a defense of both facts and law. She stated:

"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."

Teniente-Matson also made her institutional priorities explicit. "Our support for the LGBTQ members of our community...remains unwavering," she said. The university's lawyer argued that SJSU was "constitutionally prohibited from excluding" Fleming based on gender identity, citing a Ninth Circuit ruling.

The CSU system's lawsuit accused the federal government of "lawless overreach" and demanded the findings be rescinded. The suit was filed the same day CSU's lawyer formally rejected the DOE's voluntary resolution conditions, Just The News reported.

SJSU is not the only institution caught in this bind. Jefferson County Public Schools in Colorado was found to have biological males occupying up to 61 roster positions on girls' sports teams and faces the same 10-day compliance deadline. Both institutions claim binding court precedent requires them to allow transgender athletes on female teams. The broader collision between federal enforcement, state laws, and competing judicial interpretations of Title IX is reshaping college sports rules in real time.

The federal response

The Trump administration did not flinch. The Department of Education issued a "Letter of Impending Enforcement Action," giving SJSU 10 days to accept the resolution conditions or face the loss of federal funding and a referral to the Department of Justice.

Education Secretary Linda McMahon was blunt: "Protecting women's sports is nonnegotiable."

Assistant Secretary for Civil Rights Kimberly Richey went further, targeting the university's posture directly. "SJSU remains obstinate, choosing a radical ideology over safety, dignity, and fairness for its own students," Richey said.

The stakes are not abstract. Federal funding cuts would hit financial aid, research grants, and campus programs across the entire CSU system, one of the largest public university networks in the country.

Internal fractures

The lawsuit may present a unified institutional front, but internal communications tell a different story. An employee at California State University, Northridge, wrote directly to CSU Chancellor Mildred Garcia:

"There should be NO biological men competing against biological women in any university sport. This is not inclusivity."

That email, surfaced in reporting on the scandal, suggests the CSU system's leadership is not carrying its own workforce along. The gap between the chancellor's office and rank-and-file employees mirrors the gap between the university's public stance and the experience of the female athletes caught in the middle.

Across the country, universities continue to grapple with how transgender policies interact with Title IX protections originally designed for biological women. In one recent case, a transgender fencer held a women's scholarship at Cleveland State before executive orders and NCAA policy shifts forced a reckoning.

Brooke Slusser speaks

Brooke Slusser, the former co-captain who was allegedly targeted for injury and then subjected to a misgendering complaint, did not hold back. "It makes me so mad that SJSU still refuses to see that everything they did is wrong," Slusser said. "I think they're just too scared to admit it and face the repercussions of their actions!"

Slusser's case remains active. A federal judge dismissed charges against the Mountain West Conference but preserved Title IX damages claims against the CSU system. A final ruling has been deferred until after a Supreme Court decision expected in June. That pending decision could reshape the legal landscape for every university currently navigating these disputes.

The campus culture clashes around gender identity and institutional authority are not limited to athletics. A Florida college student's viral bodycam tirade over misgendering during a traffic stop illustrated how deeply these tensions run in campus life beyond the playing field.

What comes next

The 10-day clock is ticking. If SJSU refuses to comply, the Department of Education can cut federal funding and refer the matter to the DOJ for enforcement. If SJSU's lawsuit succeeds, it could establish a precedent that universities can refuse OCR findings by running to federal court. The Supreme Court's expected June ruling looms over both tracks.

Investigators will need to determine whether the alleged plan to injure Slusser leads to any individual accountability, and whether SJSU's alleged use of a DEI monitor to suppress player speech violated additional federal protections. Authorities have not publicly confirmed whether any disciplinary or criminal referrals have resulted from the DOE's findings on those points.

A university that allegedly punished a female athlete for speaking up while shielding the person accused of plotting to hurt her chose to sue the federal government rather than answer for it. That tells you everything about where the institution's loyalties sit.

About Ben Marquis

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