U.S. Department of Education notifies San Jose State University of impending Title IX enforcement action

U.S. Department of Education notifies San Jose State University of impending Title IX enforcement action

The U.S. Department of Education has notified San Jose State University (SJSU) of impending enforcement action due to the university's refusal to comply with a prior Title IX investigation finding.[1]

The investigation determined that SJSU violated Title IX in its handling of a transgender athlete, identified as Blaire Fleming, who competed on the women's beach volleyball team from 2022 to 2024.[1][2] SJSU and the California State University system filed a lawsuit on March 12, 2025, challenging the department's findings and proposed resolution agreement.[3]

Kimberly Richey, assistant secretary for civil rights, stated that the department offered SJSU opportunities to resolve the violations, including separating athletes by biological sex and restoring titles to female athletes, but the university declined.[1] SJSU has 10 days to comply or face potential referral to the Justice Department and loss of federal funding.

The controversy arose during the 2024 Mountain West Conference beach volleyball season, when Fleming helped SJSU win the conference championship on October 13, 2024, despite forfeits by five opposing teams, including Wyoming (two matches on September 27-28, 2024) and Utah State.[4][5][6]

Former SJSU beach volleyball co-captain Brooke Slusser filed a separate lawsuit in December 2024 against SJSU, alleging Title IX violations related to shared living and locker room accommodations with Fleming.[2][7]

SJSU previously resolved a separate Title IX investigation with the Department of Justice in May 2021 over failures to address sexual harassment reports involving female student-athletes and an athletic trainer from 2009 onward.[8]

Sources

  1. Fox News. "FIRST ON FOX: Trump Education Dept. notifies San Jose State of impending Title IX enforcement action." April 2025. https://www.foxnews.com/sports/trump-education-dept-san-jose-state-title-ix-volleyball
  2. Fox News. "Former San Jose State volleyball captain sues school, alleging Title IX violations over transgender teammate." December 13, 2024. https://www.foxnews.com/sports/former-san-jose-state-volleyball-player-sues-university-transgender-athlete-locker-room-access
  3. California State University. "CSU Files Lawsuit Against U.S. Department of Education Over Title IX Investigation." March 12, 2025. https://www.calstate.edu/csu-system/about-the-csu/newsroom/Pages/CSU-Files-Lawsuit-USDOE-TitleIX.aspx
  4. Mountain West Conference. "No. 17 Wyoming to Forfeit Matches vs. San Jose State." September 27, 2024. https://mountainwest.com/news/2024/9/27/beach-volleyball-no-17-wyoming-to-forfeit-matches-vs-san-jose-state.aspx
  5. San Jose State University Athletics. "Spartans Win Mountain West Championship." October 13, 2024. https://sjsuspartans.com/news/2024/10/13/womens-beach-volleyball-spartans-win-mountain-west-championship.aspx
  6. Utah State University Athletics. "Aggies to Forfeit Beach Volleyball Match Against San Jose State." October 2024. https://utahstateaggies.com/news/2024/10/4/beach-volleyball-aggies-forfeit-vs-sjsu
  7. Fox News. "Brooke Slusser speaks out on unknowingly sharing bed with transgender teammate amid lawsuit." January 2025. https://www.foxnews.com/sports/brooke-slusser-speaks-transgender-roommate-san-jose-state-lawsuit
  8. U.S. Department of Justice. "Justice Department Reaches Agreement with San Jose State University to Resolve Allegations of Sexual Harassment." May 17, 2021. https://www.justice.gov/opa/pr/justice-department-reaches-agreement-san-jose-state-university-resolve-allegations-sexual

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