In 2024, San Jose State University (SJSU) found itself at the center of a national controversy involving its women’s volleyball program and the participation of a transgender athlete, Blaire Fleming. This controversy not only sparked heated debates about gender identity and sports but also led to a legal battle between SJSU, the California State University (CSU) system, and the U.S. Department of Education’s Office of Civil Rights (OCR) over alleged violations of Title IX, the federal civil rights law that prohibits sex discrimination in educational programs receiving federal funding.
The conflict began after OCR concluded an investigation into SJSU’s handling of Blaire Fleming, who has been on the Spartans volleyball roster since 2022 as a transgender athlete. At the end of January 2024, OCR announced that it found the university had violated Title IX. The specific findings included allegations that SJSU failed to properly investigate a serious incident involving Fleming and another female athlete and that the university retaliated against that female athlete by filing a Title IX complaint against her for “misgendering” Fleming in public statements and online videos. OCR issued an ultimatum to SJSU: comply with a series of conditions or face potential punitive actions, including the withholding of federal funds.
In response, rather than acquiescing as other institutions have done in similar controversies—such as the University of Pennsylvania last summer regarding transgender swimmer Lia Thomas—SJSU and the CSU system chose to fight back. On Friday, SJSU President Cynthia Teniente-Matson announced that the university and the CSU system had filed a lawsuit against the federal government to challenge OCR’s findings. The lawsuit aims to prevent the federal government from imposing penalties, including funding cuts, arguing that the OCR’s conclusions are neither factually nor legally grounded.
“Because we believe OCR’s findings aren’t grounded in the facts or the law, SJSU and the CSU filed a lawsuit today against the federal government to challenge those findings and prevent the federal government from taking punitive action against the university, including the potential withholding of critical federal funding,” President Teniente-Matson said. She emphasized that the university feels it has followed the law and is being unfairly punished, adding, “This is not a step we take lightly. 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.”
Alongside the lawsuit, the university has requested that OCR rescind its findings and close the investigation. Teniente-Matson also reaffirmed SJSU’s commitment to supporting the LGBTQ community, acknowledging the anxiety and distress the investigation and publicity have caused within the campus community. “Our support for the LGBTQ members of our community, who have experienced threats and harms over the last several years, remains unwavering,” she stated, highlighting the difficult environment surrounding the issue.
The controversy gained widespread attention not only because of the legal and civil rights aspects but also due to the social dynamics within the volleyball team itself. Former SJSU co-captain Brooke Slusser became a prominent figure opposing the university’s handling of the situation. Slusser publicly alleged that she and other players were never informed that Fleming was a biological male when they joined the team and shared bedrooms and changing spaces with Fleming without that knowledge. She joined a lawsuit against the CSU system, claiming that the university’s policies jeopardized players’ safety and fairness in competition.
Slusser was particularly vocal in her criticism of the university’s decision to sue the federal government. In a statement to Fox News Digital, she expressed frustration and anger, saying, “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 also called the university’s lawsuit “absurd” in a post on the social media platform X.
The impact of the controversy extended onto the volleyball court as well. During the 2024 season, SJSU was awarded seven match forfeits, including a conference semifinal, as a result of the disputes surrounding the team composition and the eligibility of the transgender athlete. These forfeits further intensified tensions between the university, opposing teams, and the broader athletic community.
One of the most serious and disturbing allegations related to the case involved a purported conspiracy by Blaire Fleming to have an opposing player spike Brooke Slusser in