President Donald Trump’s Department of Education has indicated that it will take enforcement action against San Jose State University (SJSU) due to its policy of prioritizing transgender male athletes over women. The announcement was made on Tuesday.
This decision follows an investigation that determined SJSU’s policy violated Title IX, which prohibits sex discrimination in institutions receiving federal funds. The inquiry specifically looked into the case of Blair Fleming, a male volleyball player who identifies as transgender, spanning from 2022 to 2024.
The Department provided SJSU with a chance to address the Title IX violation voluntarily, but the university declined to do so and chose to file a lawsuit instead, alongside the California State University system, challenging the Department’s findings.
Civil rights advocate Kimberly Ritchie commented that the Department had given SJSU ample opportunities to correct the violations through reasonable measures—like distinguishing between male and female athletes based on biological sex and ensuring that male athletes did not use women’s facilities. She expressed disappointment over what she sees as SJSU’s preference for a controversial ideology over student safety and equity, adding that today’s actions signal that universities must comply with the law to avoid losing federal funding.
The Department stated that SJSU has 10 days to comply with the Title IX regulations or face potential enforcement actions, including a referral to the U.S. Department of Justice and the risk of losing federal financial support.
The investigation reported that SJSU actively recruited Fleming, allowing him to participate on women’s volleyball teams from the start of 2022. Allegedly, the coaching staff was instructed not to inform female players of his male identity.
Concerns arose regarding the safety and fairness of allowing a male athlete to compete against female athletes. Previous reports highlighted incidents where Fleming displayed significant physical advantages, with one event leading to opposing female players being knocked down during play. Additionally, several women’s teams opted out of competitions rather than face SJSU that season.
The investigation also revealed SJSU’s failure to adequately address complaints from female athletes about their male counterparts, which contravened Title IX regulations. It mentioned that the university did not investigate claims of a conspiracy against a female athlete after she raised issues in legal contexts.
When approached for comment, an SJSU representative directed inquiries to a report from March 6 detailing the lawsuit against the Department. Dr. Cynthia Teniente-Matson, SJSU’s president, indicated in a blog post that the university prioritizes its LGBTQ+ students while emphasizing the importance of equal treatment and support for all members of the community.
Teniente-Matson’s message highlighted ongoing efforts to support those who have faced threats and harm and stressed the university’s commitment to fostering an inclusive environment. She acknowledged the challenges the investigation poses for community members but encouraged anyone experiencing discrimination to report it to the appropriate university channels.
She noted that, due to the ongoing litigation, the university could not provide additional comments regarding the situation at this time.
