SJSU responds after being found in violation of Title IX over trans athlete

San Jose State University is responding to a recent announcement from the U.S. Department of Education regarding its handling of a transgender athlete on its women’s volleyball team. The Department of Education found the university in violation of Title IX, a federal civil rights law prohibiting sex-based discrimination in education programs.

Investigation and Findings

The Department of Education’s Office of Civil Rights investigated athletics participation on San Jose State’s past women’s volleyball teams. The university received notification of the investigation’s outcome and a proposed resolution agreement on Wednesday. San Jose State stated it is currently reviewing the findings.

Did You Know? Seven teams forfeited games against San Jose State during the 2023 volleyball season amid controversy surrounding the team’s roster.

The Department of Education has given San Jose State ten days to comply with a series of agreements or face “imminent enforcement action.” These agreements include a public statement adopting biology-based definitions of “male” and “female,” and a commitment to separate sports and intimate facilities based on biological sex.

Specific Requirements

The proposed resolution also requires San Jose State to restore athletic records and titles to female athletes potentially impacted by a male athlete competing in women’s categories. The university is also expected to issue personalized apologies to female athletes and teams affected by the situation, including those who forfeited games rather than compete against SJSU.

The investigation was launched in February following a highly publicized season. Former SJSU co-captain Brooke Slusser joined multiple lawsuits against the NCAA, the Mountain West Conference, and the university, alleging she was made to share changing spaces with a transgender teammate, Blaire Fleming, without being informed Fleming is a biological male.

Expert Insight: This case highlights the complex challenges institutions face in balancing inclusivity with the protection of fair competition and the rights of all student-athletes, as defined by federal law. The Department of Education’s findings signal a firm stance on Title IX compliance in this evolving landscape.

Former assistant coach Melissa Batie-Smoose was suspended and not re-signed after filing a Title IX complaint regarding the university’s handling of the situation. U.S. Education Secretary Linda McMahon stated that San Jose State caused “significant harm” to female athletes and retaliated against those who spoke out.

The Department of Education also found that a female athlete alleged a conspiracy by the trans student to injure an opposing player during a match. The department claims San Jose State did not investigate this allegation but instead subjected the athlete to a Title IX complaint for “misgendering” the student online.

Frequently Asked Questions

What is Title IX?

Title IX is a federal civil rights law prohibiting sex-based discrimination in any education program or activity receiving federal financial assistance, according to the source.

What is San Jose State’s current position?

San Jose State University stated it is reviewing the Department of Education’s findings and proposed resolution agreement, and remains committed to providing a safe, respectful, and inclusive environment while complying with applicable laws and regulations.

What could happen if San Jose State does not comply?

The Department of Education stated that if San Jose State does not comply with the proposed agreements within ten days, it will take “imminent enforcement action.”

What impact will this ruling have on the broader conversation surrounding transgender athletes and competitive sports?