The U.S. Department of Education recently announced that San Jose State University has violated Title IX regarding its treatment of a transgender former volleyball player. The university must now comply with a series of agreements within ten days or face potential enforcement actions.
This investigation began in February following a controversial volleyball season where seven teams withdrew from a game against SJSU. Brooke Slusser, a former co-captain of the SJSU volleyball team, has joined lawsuits against various organizations, including the NCAA and Mountain West Conference. She claims she was unaware that her transgender teammate, Blair Fleming, was biologically male when they shared a locker room and bedroom.
Additionally, a former assistant coach, Melissa Batty Smooth, was suspended after filing a Title IX complaint against the university related to its treatment of Fleming. The Department of Education concluded that SJSU denied equal opportunities to female athletes and retaliated against those who raised concerns.
Assistant Secretary for Civil Rights, Kimberly Ritchie, criticized SJSU for allowing male athletes to compete on the women’s volleyball team, citing safety and scholarship issues. Ritchie also highlighted a serious concern that SJSU allegedly failed to address claims of discrimination seriously, noting cases where athletes faced retaliation for speaking out.
The investigation revealed troubling allegations, including an instance where a female athlete allegedly conspired with a transgender student regarding a play that could injure an opponent. While SJSU did not investigate this claim, they did pursue Title IX charges against the female athlete for misgendering the male athlete.
Further complicating the situation, Slusser’s lawsuit against Mountain West alleges that Fleming and another player discussed a plan to harm her during a game. The Mountain West launched its own investigation but found insufficient evidence to take action. Meanwhile, the conference hired a law firm to defend against Slusser’s lawsuit, a firm led by Timothy Heaphy, who was previously involved in investigative efforts related to the Capitol riot.
As a consequence of the ongoing situation, Slusser has reported severe mental and physical effects, including an eating disorder triggered by the stress surrounding these events. Her parents decided she should leave SJSU following the difficult 2024 season, leading to significant financial implications for the family.
Currently, the U.S. Department of Education has set conditions for SJSU to avoid enforcement actions, including a requirement to adopt biologically-based definitions of gender and ensure compliance with Title IX in athletic programs. This case seems to be part of a broader national debate over the participation of transgender athletes in women’s sports.
The outcome of SJSU’s response will likely shape the future landscape of such policies across colleges and universities.
