The U.S. Department of Education’s Office for Civil Rights set a deadline Tuesday that sounds much like two earlier deadlines, giving San José State University 10 days to comply with a list of athletics-related demands or face enforcement action, including the termination of the university’s federal funding.
This is the third 10-day deadline issued by the OCR to SJSU, the first in January and the second having expired last weekend. All three concern the same case, that of a transgender woman who played on the school’s women’s volleyball team from 2022 to 2024.
A federal investigation was launched in February 2025 after controversy over Blaire Fleming disrupted the 2024 volleyball season. Four Mountain West Conference teams — Boise State, Wyoming, Utah State and Nevada-Reno — chose to forfeit matches to SJSU.
The probe concluded that SJSU’s policies “allowing males to compete in women’s sports and access female-only facilities deny women equal educational opportunities and benefits.”
SJSU pushed back, insisting it followed the law in allowing Fleming to play. SJSU president Cynthia Teniente-Matson wrote in a March 6 letter to the campus community that the university “vigorously disputes the conclusions that OCR reached…. Our position is simple: We have followed the law and cannot be punished for doing so.”
SJSU requested that the OCR rescind its findings and close its investigation. Instead, the federal agency redoubled its efforts, with the latest salvo a “letter of impending enforcement” issued Tuesday and accompanied by a statement from U.S. Assistant Secretary for Civil Rights Kimberly Richey.
“We have provided SJSU with multiple opportunities to resolve its Title IX violations with common sense actions: separating male and female athletes based on their biological sex, keeping men out of women’s locker rooms and bathrooms, restoring rightfully-earned titles and accolades to female athletes, and apologizing to the women forced to forfeit competitions to protect themselves,” Richey said. “Yet, SJSU remains obstinate, choosing a radical ideology over safety, dignity, and fairness for its own students.
“With today’s action, the Department is putting the university on notice: comply with the law or risk losing its federal funding.”
SJSU enlisted the support of the California State University system, which sued the Department of Education on March 6 to challenge its allegedly “lawless overreach” and block the federal government from cutting funding to SJSU if the school does not agree to a proposed itemized resolution agreement.
“Whether and under what conditions transgender women should be allowed to compete in women’s athletics has been hotly contested,” the CSU lawsuit said. “But this case is not about that issue. It is about the Department’s attempt to punish SJSU, even though the law in the Ninth Circuit has been and is clear. Under Ninth Circuit law, Title IX and the Equal Protection Clause protect transgender students from discrimination.”
Suing the Education Department “is not a step we take lightly,” Teniente-Matson said. “However, we have a responsibility to defend the integrity of our institution and the rule of law, while ensuring that every member of our community is treated fairly and in accordance with the law.”
An estimated two-thirds of SJSU students receive federal financial aid totaling about $130 million annually, according to Cal State University. Losing federal funds could also disrupt $175 million in research.
The Office of Civil Rights’ proposed resolution agreement, which SJSU dismissed out of hand, contains the following demands:
1) Issue a public statement that SJSU will adopt biology-based definitions of the words “male” and “female” and acknowledge that the sex of a human — male or female — is unchangeable.
2) Specify that SJSU will follow Title IX by separating sports and intimate facilities based on biological sex.
3) State that SJSU will not delegate its obligation to comply with Title IX to any external association or entity and will not contract with any entity that discriminates on the basis of sex.
4) Restore to female athletes all individual athletic records and titles misappropriated by male athletes competing in women’s categories, and issue a personalized letter of apology on behalf of SJSU to each female athlete for allowing her participation in athletics to be marred by sex discrimination.
5) Send a personalized apology to every woman who played in SJSU’s women’s indoor volleyball from 2022 to 2024, beach volleyball in 2023, and to any woman on a team that forfeited rather than compete against SJSU while a male student was on the roster — expressing sincere regret for placing female athletes in that position.
In a related lawsuit, a Colorado district judge this month deferred ruling on motions to dismiss former SJSU volleyball player Brooke Slusser’s lawsuit against the California State University system. Slusser alleged that she was made to share bedrooms and changing spaces with Fleming without being informed that Fleming is transgender.
Judge Kato Crews dismissed the Mountain West Conference as a defendant but said he wants to put the rest of the case on hold until after a Supreme Court ruling in B.P.J. v. West Virginia, which is expected to come in June.
The B.P.J. case went to the Supreme Court after a transgender teen sued West Virginia to block a state law that prevents males from competing in girls’ high school sports.
