McMahon warns SJSU of federal funding cuts in transgender volleyball case

U.S. Secretary of Education Linda McMahon responded to San Jose State University (SJSU) and the California State University (CSU) system after the institutions filed a lawsuit against the federal government to challenge the findings of the federal Title IX investigation.

SJSU and CSU announced their lawsuit Friday after the Department of Education determined that SJSU violated Title IX in its treatment of a transgender volleyball player from 2022-24.

Now McMahon is giving agencies a 10-day deadline to reach an agreement or risk federal funding cuts and referral to the U.S. Department of Justice.

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“The protection of women’s sports is non-negotiable. After finding that SJSU violated Title IX, they refused to negotiate a verdict. SJSU has ten days to end its discriminatory practices,” McMahon X wrote Wednesday.

McMahon’s post included a letter from ED’s Office for Civil Rights (OCR) to SJSU President Cynthia Teniente-Matson.

“Based on the recipient’s proactive refusal to voluntarily negotiate a resolution of OCR’s concerns, OCR has determined that a voluntary agreement cannot be reached and we remain at an impasse. OCR will issue a Letter of Impending Enforcement Action within 10 calendar days if a resolution agreement is not reached within this 10-day period,” the letter said. he said.

“Enforcement action may include initiating the administrative process set forth in 20 USC § 1681, and so on.; 34 CFR Parts 100, 101, 106; and 20 USC § 1234, and so on. Suspend, terminate or refuse to grant or continue federal funding or other means permitted by law, including referral to the Department of Justice. This letter does not constitute final agency action.”

Fox News Digital has reached out to SJSU and CSU for a response.

Teniente-Matson had previously announced that the university would not accept the settlement agreement proposed by the Ministry of Education.

“Because we believe OCR’s findings are not based on fact or law, SJSU and CSU filed a lawsuit against the federal government today to challenge these findings and prevent the federal government from imposing punitive sanctions against the university, including withholding critical federal funding,” Teniente-Matson said in a statement Friday. he said.

“This is not a step we take lightly. But 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 lawfully. Our position is simple: We followed the law and we cannot be punished for doing so.”

‘TERRIBLE’ MOMENTS EMERGED WHEN UNR VOLLEYBALL PLAYERS WERE CONNECTED TO SJSU TITLE IX SCANDAL

In the announcement, Teniente-Matson affirmed the university’s commitment to advocating for the LGBTQ community.

“Our support for LGBTQ members of our community who have suffered threats and harm over the past several years remains steadfast. We know that the university’s attention to this matter and the investigative process that followed have been troubling for many in our community,” he said. “We have heard about the fear and anxiety it has created, and we recognize that it is difficult to wait for the university’s response during a time already full of uncertainty.”

The varsity and its volleyball program came into the national spotlight in 2024 after it was revealed that the team had had transgender athlete Blaire Fleming on its roster since 2022. Former SJSU co-captain Brooke Slusser joined the lawsuit He ran his own team, claiming that he was never told that Fleming was a biological male when he joined the team, and that he shared bedrooms and locker areas with Fleming without that knowledge.

Among the department’s findings was that a female athlete allegedly conspired to have a transgender student dunk in the face of a member of the opposing team during a game. “SJSU did not investigate the conspiracy, but subsequently subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews,” the department said.

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Slusser alleged in her lawsuit against the Mountain West in November 2024 that she and former assistant coach Melissa Batie-Smoose were aware of an Oct. 2, 2024 meeting between Fleming and a Colorado State women’s volleyball player during which Fleming discussed a plan with Jones to dunk Slusser in the face during the next night’s game.

Slusser became the subject of viral discussion after an interview with Fox News Digital in which he revealed what it was like to live in the same apartment as Fleming.

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