San Jose State University Responds to Title IX Violations

On Wednesday, San Jose State University (SJSU) addressed an announcement from the U.S. Department of Education regarding violations of Title IX related to the treatment of transgender athletes on its women’s volleyball team.

The university, part of the California State University System, stated that it received communication from the Department of Education’s Office for Civil Rights about an investigation into past practices within its athletics program. SJSU noted that it is currently reviewing the findings and a potential resolution agreement.

According to the university, “We remain committed to providing a safe, respectful, and inclusive educational environment for all students while complying with applicable laws and regulations.”

The Department of Education has imposed a 10-day deadline for the university to comply with a series of agreements or face possible enforcement action. Some of the required conditions include:

• Issuing a public statement to the SJSU community that the university defines “male” and “female” based on biological criteria, asserting that gender cannot be changed.
• Specifying that SJSU will adhere to Title IX regulations and separate athletic facilities based on biological sex.
• Reiterating that the university will not delegate its Title IX compliance obligations to external entities.
• Restoring individual athletic records and titles that were reassigned from female athletes to male athletes, accompanied by an apology to affected individuals.
• Sending personal apologies to female athletes from the 2022-2024 seasons for any negative impact due to gender discrimination.

The investigation initiated last February was prompted by heightened scrutiny surrounding the university’s handling of athletic teams. This controversy resulted in several teams withdrawing from competitions against SJSU.

Brooke Slusser, a former SJSU co-captain, has voiced concerns and has taken legal action against the NCAA, Mountain West Conference, and university officials, stating she was compelled to share facilities with transgender teammate Blair Fleming, who she was not informed was biologically male. Additionally, former assistant coach Melissa Batty Smooth was suspended after filing a Title IX complaint related to the treatment of Fleming.

U.S. Secretary of Education Linda McMahon commented on the situation, emphasizing that SJSU’s actions harmed female athletes and that the university retaliated against those who spoke out. She confirmed that the university violated Title IX and stressed the need for accountability.

The investigation’s findings included a strange incident where a female athlete allegedly was involved in a conspiracy regarding an opposing player, which reportedly didn’t receive an adequate investigation from SJSU. Instead, the university filed charges against her for what they termed “misgendering” the male athlete.

In previous years, the Department of Education resolved similar cases with other institutions regarding transgender athletes’ treatment but has faced challenges with some states, leading to lawsuits. SJSU’s upcoming actions will likely influence broader efforts to reshape the landscape of women’s sports.