The U.S. Department of Education has mandated San José State University to comply with a set of requirements within 10 days following its determination that the university breached Title IX regulations concerning gender discrimination. This ruling stems from the case of Blaire Fleming, a transgender player who participated in SJSU's women's volleyball team from 2022 to 2024.
The investigation began in early 2025, sparked by complaints that the university's policies enabled unfair competition, leading to safety concerns for female athletes and prompting multiple teams within the Mountain West Conference to forfeit matches. Four teams—Boise State, Wyoming, Utah State, and Nevada-Reno—canceled games against SJSU to avoid competing against a male athlete in women's sports.
Assistant Secretary for Civil Rights Kimberly Richey noted that allowing a male player to compete against female athletes creates significant harm, undermining their opportunities for scholarships and equal participation. She stated, “Even worse, when female athletes spoke out, SJSU retaliated—ignoring sex-discrimination claims while subjecting one female athlete to a Title IX complaint for allegedly ‘misgendering’ the male athlete.”
To remedy these violations, the Department of Education's proposed Resolution Agreement requires San Jose State to:
Publicly acknowledge biology-based definitions of 'male' and 'female'. Separate sports and facilities according to biological sex. Ensure compliance with Title IX without delegating this responsibility. Restore athletic records and titles misappropriated by male athletes. Issue personalized apologies to every woman who competed in SJSU's women’s volleyball teams from 2022 to 2024.
OCR found that starting in 2022, SJSU actively recruited and allowed Fleming to join both the women's indoor and beach volleyball teams while reportedly instructing coaches not to disclose her male background to female players. This led to female athletes sharing locker and hotel accommodations with Fleming without knowing her status.
The case has drawn national attention, igniting a wider debate about transgender athletes in collegiate sports and the implications for Title IX protections. San Jose State's administration has responded by reviewing the findings and emphasizing their commitment to fostering a safe and inclusive environment for all students.
As the university navigates this contentious issue, the actions taken in the coming days will determine its compliance with federal regulatory standards concerning gender equity in athletics.