San Jose State University President Cynthia Teniente-Matson announced on Friday that the school and the California State University (CSU) system are taking legal action against the federal government to challenge the recent determination by the US Department of Education that SJSU violated Title IX in its handling of a transgender volleyball player.
The Office of Civil Rights (OCR) of the Department of Education revealed in late January that after investigating the university’s treatment of a trans athlete and other players, it found that the school had violated Title IX and issued a series of conditions for the school to rectify the violation.
Instead of complying with the demands, like the University of Pennsylvania did last summer regarding its handling of trans swimmer Lia Thomas, SJSU and CSU are suing to prevent potential cuts in federal funding.
“Because we believe OCR’s findings are not based on facts or law, SJSU and the CSU have filed a lawsuit against the federal government to challenge those findings and prevent punitive action, including the withholding of critical federal funding,” Teniente-Matson stated.
“This is not a decision we have taken lightly. However, we are obligated to uphold 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 stance is simple: We have followed the law and should not face consequences for doing so,” Teniente-Matson explained.
The university is also asking OCR to retract its findings and close the investigation.
Fox News Digital has contacted the Department of Education for a response.
Teniente-Matson reiterated the university’s commitment to supporting the LGBTQ community in her statement.
“Our dedication to the LGBTQ members of our community, who have faced threats and harm in recent years, remains steadfast. We understand that the attention the university has received on this issue and the subsequent investigation have caused distress for many in our community,” the president noted.
“We have heard the concerns and anxiety it has caused and acknowledge that waiting for the university’s response has been challenging during this already uncertain time.”
In 2024, the university and its volleyball program gained national attention after it was revealed that the team had a transgender athlete, Blaire Fleming, on the roster since 2022.
Former SJSU co-captain Brooke Slusser joined a lawsuit and initiated her own, alleging that she was never informed that Fleming was biologically male when she joined the team and shared living quarters and changing facilities with Fleming without this knowledge.
Slusser responded to SJSU and CSU’s decision to file a lawsuit in a statement to Fox News Digital.
“It infuriates me that SJSU continues to deny the wrongdoing in all this. I believe they are simply too afraid to acknowledge it and face the consequences of their actions!” Slusser expressed.
Slusser publicly criticized the decision as “absurd.”
Among the findings by the department was an incident where a female athlete discovered that the transgender student allegedly planned for a member of an opposing team to spike her in the face during a match. The department stated that “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.”
In her lawsuit against the Mountain West in November 2024, Slusser claimed that she and former assistant coach Melissa Batie-Smoose were informed of a meeting between Fleming and Colorado State women’s volleyball player Malaya Jones on October 2, 2024. During this meeting, Fleming allegedly discussed a plan with Jones to have Slusser spiked in the face during a match the following night.
A federal judge ruled on the lawsuit’s motion to dismiss this week. Colorado District Judge Kato Crews dismissed all the charges against the Mountain West Conference but retained the charges of Title IX violations against the CSU system.
