Two California universities announced that they are suing the US Department of Education over an ongoing scandal involving a transgender volleyball player.
San Jose State University (SJSU) and the California State University system (CSU) filed the lawsuit on Friday after the federal government ruled the schools had violated Title IX during the 2022-2024 season.
The civil rights law was enacted in 1972 to prohibit sex-based discrimination, particularly by allotting the same amount of opportunities to male and female athletes.
The US government ruled that by allowing transgender athlete Blaire Fleming to play on their volleyball team, SJSU had deprived biologically female athletes of a position.
The Office for Civil Rights gave the school an ultimatum and threatened to cut funding if it did not comply with the stipulations of their resolution.
Terms included stating that the school would adopt biology-based definitions of gender, separate sports facilities by biological sex and apologize to the women’s volleyball teams.
In a statement made on Friday, SJSU President Cynthia Teniente-Matson broke news of the lawsuit. She boldly disputed the government’s claims that any laws had been violated and refused to comply with the government’s stipulations.
‘This is not a step we take lightly,’ it read. ‘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.
San Jose State University is filing a lawsuit after the US Department of Education ruled its inclusion of transgender athlete Blaire Fleming on their volleyball team violated Title IX
Transgender athlete Blaire Fleming played on the SJSU volleyball team from 2022 to 2024
Representatives for San Jose State University vehemently denied claims they had violated the anti gender discrimination policy
‘Our position is simple: We have followed the law and cannot be punished for doing so.’
She also reiterated the school’s decision to stand by LGBTQ students and athletes, including Fleming.
‘Our support for the LGBTQ members of our community, who have experienced threats and harms over the last several years, remains unwavering,’ she said.
‘We know the attention the university has received around this issue and the investigative process that followed have been unsettling for many in our community.’
The crux of the controversy began in 2024 when SJSU revealed a transgender athlete had joined the volleyball team two years prior.
That controversial announcement prompted former co-captain Brooke Slusser to file a lawsuit alleging that Fleming’s biological sex had never been disclosed before the team was forced into shared hotel rooms and locker rooms with her.
As an outspoken critic of the school, Slusser ridiculed SJSU’s decision to file a suit in a statement obtained by Fox Digital.
California State University supported SJSU in their decision, reiterating that the school had not violated any laws
SJSU stood behind Fleming and other LGBTQ members of the university
Brooke Slusser, one of Fleming’s teammates, joined multiple lawsuits after finding out Fleming was transgender
‘It makes me so mad that SJSU still refuses to see that everything they did is wrong. I think they’re just too scared to admit it and face the repercussions of their actions!’ she said.
In their findings, the US Department of Education claimed that Fleming conspired with a member of an opposing team to have a female athlete spiked in the face.
‘SJSU did not investigate the conspiracy, but later subjected the female athlete to a Title IX complaint for “misgendering” the male athlete in online videos and interviews,’ read their report.
On Tuesday, a judge dismissed Slusser’s lawsuit against the Mountain West, which alleged that Slusser was meant to be the victim of that attack.
The judge did not rule on Slusser’s claims that her former university had violated Title IX laws.
Slusser also alleged that Fleming conspired with a member of an opposing team to have Slusser hit in the face with a volleyball
Fleming’s position on the team prompted multiple teams to forfeit, allowing her to lead SJSU to a championship game
CSU celebrated the dismissal, saying they were ‘pleased.’
‘CSU is pleased with the court’s ruling. SJSU has complied with Title IX and all applicable law, and it will continue to do so,’ it said.
Fleming’s placement on the SJSU team sparked controversy not only among her teammates but within the collegiate volleyball space.
Multiple opponents refused to play against the SJSU volleyball team in 2024. Seven matches were forfeited against the team.
Another lawsuit was filed at the time to stop Fleming and other trans players from playing at a collegiate level.
A federal judge blocked the case and Fleming was able to lead the team to the championship game before she graduated in June 2025.
The Daily Mail contacted SJSU, CSU and the US Department of Education for comment.
