San Jose State sues federal government over transgender athlete ruling

San Jose State University President Cynthia Teniente-Matson announced Friday that the school and the California State University (CSU) system are suing the federal government to challenge the U.S. Department of Education’s recent ruling that SJSU violated Title IX in its handling of a transgender volleyball player.

The department’s Office for Civil Rights (OCR) announced in late January that an investigation at the university into the treatment of a transgender athlete and other players concluded that the school violated Title IX and gave the school an ultimatum to resolve the violation by agreeing to a set of conditions.

But now, instead of complying as the University of Pennsylvania did last summer over its treatment of transgender swimmer Lia Thomas, SJSU and CSU are suing to avoid potential federal funding cuts.

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“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.”

The school is also demanding that OCR vacate its findings and close the investigation.

Fox News Digital has reached out to the Department of Education for a response.

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 been subjected to threats and harm over the past several years remains unwavering. We know that the university’s attention to this matter and the investigative process that followed have been troubling for many in our community,” the president 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 a lawsuit and filed her own lawsuit, claiming she was never told Fleming was a biological male when he joined the team and shared bedrooms and locker areas with Fleming without his knowledge.

Slusser responded to SJSU and CSU’s decision to file the lawsuit in a statement to Fox News Digital.

“It makes me so angry that SJSU still refuses to see that everything they do is wrong. I think they are too afraid to admit it and face the consequences of their actions!” said Slusser.

Slusser made a public statement about X, calling the decision “absurd.”

At the time of the debate, they lost seven games to SJSU in 2024, including the conference semifinals.

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.

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

A federal judge ruled Tuesday on a motion to dismiss the case. Colorado District Judge Kato Crews dismissed all of the plaintiffs’ charges against the Mountain West Conference, but did not dismiss charges of Title IX violations against the CSU system.

Crews is considering BPJ v., which is continuing its decision on whether to dismiss these charges. West Virginia Supreme Court case expected in June.

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“Motion to Strike Class Claims denied,” Crews wrote in his decision. “What remains of the Amended Complaint is Plaintiffs’ Title IX claims for damages against the CSU Board… The Court therefore stays decision on the Title IX claims for damages until the Supreme Court issues its decision in BPJ.“

CSU released a statement to Fox News Digital in response to Crews’ decision.

“CSU is pleased with the court’s decision. SJSU has complied with Title IX and all applicable laws and will continue to do so,” the statement said.

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