Education Secretary Responds to SJSU and CSU Title IX Complaint

U.S. Secretary of Education Linda McMahon has reacted to the recent federal complaint filed by San Jose State University (SJSU) and California State University (CSU). The complaint challenges the findings of a Title IX investigation by the federal government.

On Friday, SJSU and CSU announced their lawsuit after the Department of Education found that SJSU had violated Title IX in its treatment of transgender volleyball players from 2022 to 2024.

McMahon has given these institutions a timeframe of 10 days to come to an agreement; otherwise, they risk losing federal funding and possibly being referred to the U.S. Department of Justice.

“Protecting women’s sports is non-negotiable,” McMahon stated in a recent message. “After we discovered that SJSU had violated Title IX, they did not want to negotiate a solution. SJSU has 10 days to cease this discriminatory behavior.”

Included in McMahon’s statement was a letter sent to SJSU President Cynthia Teniente-Matson from the Office of Civil Rights (OCR). The letter noted that SJSU has actively refused to negotiate, leading OCR to determine that a voluntary agreement is not possible at this stage. If an agreement isn’t reached within the given timeframe, OCR will issue a Notice of Impending Enforcement Action.

“Enforcement actions may involve starting an administrative process as detailed in federal regulations,” the letter continued, indicating potential penalties, including the suspension or withdrawal of federal funds, or referral to the Department of Justice. This letter, however, is not an official agency action.

Fox News Digital has reached out to both SJSU and CSU for comments.

President Teniente-Matson previously stated that the university would decline the settlement agreement suggested by the Education Department. “We believe that the findings from OCR are not backed by fact or law. Thus, SJSU and CSU have decided to file suit against the federal government to contest these findings and to prevent any punitive actions against the university, including the potential loss of federal funds,” Teniente-Matson said.

She added, “This isn’t a decision we made lightly. However, we have a duty to uphold the integrity of our institutions and the law while ensuring fair treatment for everyone in our community. Our stance is clear: We adhere to the law and will not be penalized for it.”

Amid this controversy, Teniente-Matson reiterated the university’s support for the LGBTQ community. “Our commitment to LGBTQ members who have faced threats and harm remains strong. We understand that the attention surrounding this issue and the investigation process has unsettled many,” she acknowledged. “We’ve heard the fear it has sparked and appreciate how challenging this waiting period has been, especially during such uncertain times.”

The university received national attention in 2024 when it was reported that transgender athlete Blair Fleming joined the volleyball team in 2022. Former SJSU Vice Captain Brooke Slusser, who is part of the lawsuit, claimed she was unaware that Fleming was a biological male when she lived and shared facilities with them.

Findings from the Department of Education’s investigation revealed that a female athlete allegedly made an agreement with a transgender player to have an opponent spike her in the face during a match. The department also accused SJSU of failing to investigate this agreement while subsequently filing Title IX charges against the female athlete for referring to the transgender athlete incorrectly in videos and interviews.

In a lawsuit filed in November 2024, Slusser claimed she and a former assistant coach were aware of a meeting where Fleming discussed plans to spike Slusser during an upcoming game. This has since put Slusser in the spotlight, as she shared her experiences living with Fleming during an interview with Fox News Digital.