The U.S. Department of Education has ruled that San José State University violated federal law, specifically Title IX, by allowing a biological male to compete on its women’s volleyball team. This landmark decision exposes female athletes to unfair competition, safety risks, and institutional retaliation, potentially reshaping the landscape of women’s sports nationwide. The university now faces a 10-day deadline to comply with sweeping federal remedies, including public apologies and policy changes, or risk the loss of federal funding.
Story Highlights
- Federal investigators found SJSU violated Title IX by permitting transgender player Blaire Fleming to compete against female athletes from 2022-2024.
- The university retaliated against female athletes who complained, including filing a Title IX complaint against one for “misgendering” Fleming.
- SJSU faces a 10-day deadline to issue public apologies, restore female athletes’ records, and implement sex-based facility policies or lose federal funding.
- The ruling follows four teams forfeiting matches against SJSU and co-captain Brooke Slusser joining a federal lawsuit over safety concerns.
Federal Crackdown on Biological Males in Women’s Sports
The Office for Civil Rights within the Department of Education announced January 28, 2026, that San José State University violated Title IX by allowing Blaire Fleming, a biological male identifying as transgender, to compete on the women’s volleyball team during the 2024 season. The investigation, launched in February 2025 following President Trump’s executive order on transgender athletes, determined that SJSU’s actions denied female athletes equal opportunities and created an unsafe competitive environment. Education Secretary Linda McMahon declared the university would be held accountable for causing significant harm to women athletes.
BREAKING: The Department of Education ruled that San Jose State violated Title IX by allowing trans-identifying male volleyball player Blaire Fleming to compete on the women's team. @OutKick was the first outlet to report a team forfeiting against SJSU, which later led to… pic.twitter.com/yX1JO9KZnJ
— Dan Zaksheske (@RealDanZak) January 28, 2026
Retaliation Against Female Athletes Who Spoke Out
San José State not only failed to investigate complaints from female volleyball players but actively retaliated against them for raising fairness and safety concerns. Co-captain Brooke Slusser alleged she unknowingly shared locker room facilities with Fleming without disclosure and subsequently joined a federal lawsuit against the NCAA, Mountain West Conference, and SJSU. Most egregiously, the university filed a Title IX complaint against one female athlete for “misgendering” Fleming—weaponizing civil rights protections meant to defend women against those who spoke up. This pattern of institutional retaliation mirrors SJSU’s 2021 Title IX violation involving retaliation against sexual abuse whistleblowers.
Forfeits and Safety Concerns Highlight Physical Disparities
The 2024 season saw unprecedented opposition as four Mountain West Conference teams—Boise State, Wyoming, Utah State, and Nevada-Reno—forfeited or canceled matches against SJSU, with Boise State forfeiting a tournament semifinal. Federal investigators cited evidence that Fleming and a Colorado State player conspired to spike Slusser in the face during a match, though the Mountain West Conference claimed insufficient evidence to substantiate the allegation. Nine female athletes filed separate lawsuits challenging conference policies that allow biological males to compete against women after one year of testosterone suppression, arguing such policies create inherent safety risks and competitive disadvantages rooted in unchangeable biological differences.
Compliance Demands and Broader Implications for Women’s Sports
The Department of Education gave SJSU 10 days to comply with sweeping remedies or face Justice Department enforcement and potential loss of federal funding. Required actions include issuing a public statement acknowledging biological sex as immutable, implementing sex-based locker room and bathroom policies, restoring athletic records altered by Fleming’s participation, and delivering personal apologies to hundreds of female athletes affected from 2022-2024. SJSU responded that it is reviewing the findings while remaining committed to a “safe and inclusive environment,” though non-compliance could trigger consequences similar to the university’s 2021 settlement that cost $1.6 million. This ruling establishes precedent following similar action against the University of Pennsylvania over swimmer Lia Thomas and signals broader federal enforcement as the Trump administration investigates California Community College Athletic Association policies permitting transgender and nonbinary athletes on women’s teams.
Watch the report: SJSU found GUILTY in SCHEME to cover up for TRANS volleyball player and to INJURE Female teammate!
Sources:
- San Jose State violated Title IX regarding transgender volleyball player, Department of Education says
- Education Dept. accuses San Jose State of violating Title IX
- U.S. Department of Education’s Office for Civil Rights Finds San Jose State University Violated Title IX
- SJSU responds after Trump admin probe found university violated Title IX over trans volleyball player
- Trump administration says San Jose State broke the law by allowing a transgender volleyball player
