U.S. Department of Education Finds San Jose State University Violated Title IX

The U.S. Department of Education (ED) announced on Wednesday that San Jose State University (SJSU) has violated Title IX by its handling of a transgender former volleyball player. The university now has ten days to comply with a set of stipulations or face potential enforcement actions.

The ED’s investigation, which began in February of the previous year, was spurred by a high-profile volleyball season when seven teams withdrew from games against SJSU amidst the controversy.

Brooke Slusser, a former co-captain for SJSU, filed multiple lawsuits in 2023 against the NCAA, the Mountain West Conference, and university officials. She claims she was compelled to share both a locker room and a bedroom with transgender teammate Blair Fleming without prior knowledge that Fleming was biologically male.

Former assistant coach Melissa Batty Smooth was suspended and did not have her contract renewed after filing a Title IX complaint regarding the treatment of Fleming.

Following its investigation, the ED concluded that SJSU denied equal educational opportunities to women and retaliated against female athletes who voiced their concerns.

“SJSU has done a disservice to female athletes by allowing men to compete on the women’s volleyball team. This has led to competitive inequity, compromised safety, and denied women equal opportunities and resources in athletics,” said Kimberly Ritchie, the ED Assistant Secretary for Civil Rights, in a statement.

“Moreover, SJSU ignored allegations of sex discrimination and retaliated against a female athlete for allegedly ‘misgendering’ a male athlete on the women’s team. This is unacceptable. We will ensure SJSU is held accountable and that Title IX protections are upheld for future athletes,” Ritchie added.

The investigation uncovered claims that a female athlete allegedly conspired with a transgender student to injure another player during a game. The ED claims SJSU failed to investigate this conspiracy but later pursued Title IX charges against the female athlete for ‘misgendering’ the male athlete in media interactions.

In November 2024, Slusser alleged that Fleming and a player from Colorado State had discussed a plan to spike her in the face during a game. However, the Mountain West Conference conducted its own investigation and found insufficient evidence for disciplinary measures.

Interestingly, it was reported that the Mountain West hired the same law firm to investigate Slusser’s lawsuit, which included similar allegations against Fleming.

Timothy Heaphy of Willkie Farr & Gallagher led the investigation. He previously served on the U.S. House Select Committee investigating the January 6 Capitol riot.

WFG has since removed a press release about a legal victory for Fleming, who defended against a motion that could have made her ineligible for the 2024 season.

Slusser later indicated she learned from a teammate involved in the conference’s investigation that significant conversations had taken place regarding Fleming’s alleged scheme. “I was told there was enough evidence. It wasn’t just hearsay,” she claimed.

Slusser’s athletic director, Jeff Conya, was interviewed about these allegations but did not confirm or deny any corroborating testimonies. “I don’t know,” was all he could say.

Meanwhile, Batty Smooth has filed her own lawsuit against SJSU, asserting her suspension was in retaliation for her Title IX complaint against Fleming. She claims she was only made aware of Fleming’s status after she started working at SJSU and that she was instructed to keep this information confidential.

This turmoil has taken a significant toll on Slusser’s health. She disclosed that she developed a severe eating disorder and experienced significant weight loss amid the stress. “It was a tough time for me,” she said.

Following the 2024 season, her family decided it was best for her to return home rather than continue at SJSU, which ultimately led to her losing her athletic scholarship and further financial strain on her family.

Looking ahead, the ED has outlined the conditions SJSU must meet to avoid immediate enforcement action:

• SJSU will publicly adopt biologically based definitions of “male” and “female.”
• Compliance with Title IX, segregating athletic facilities based on biological sex.
• No outsourcing of Title IX obligations.
• Restoration of titles and records taken from female athletes due to male athletes competing in women’s categories, along with formal apologies to affected female athletes.
• Personal apologies to female athletes from SJSU women’s volleyball from 2022 to 2024, particularly for those who faced challenges while competing against teams with male players.

In 2025, the ED reached settlements with other universities regarding similar Title IX violations, but failed to achieve agreements in California and Maine, prompting lawsuits.

SJSU’s response will play a critical role in the ongoing efforts to safeguard women’s sports.