San José State University (SJSU) and the California State University (CSU) system filed a federal lawsuit on February 7, 2025, against the U.S. Department of Education, challenging findings by its Office for Civil Rights (OCR) that SJSU violated Title IX in its handling of complaints related to transgender volleyball player Blaire Fleming during the 2022-24 seasons.[1][2]

The OCR investigation, concluded with a letter dated January 31, 2025, determined that SJSU failed to adequately address harassment claims by female athletes against Fleming, a biological male competing on the women's team, including an allegation that a female athlete believed Fleming conspired with an opponent to spike a ball into her face during a match. The OCR also found that SJSU subjected a complainant to a Title IX process for "misgendering" Fleming in videos and interviews.[2][3]

The lawsuit seeks to rescind the OCR findings, close the investigation and prevent potential withholding of federal funding. SJSU President Cynthia Teniente-Matson stated: "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."[1]

Rep. Zoe Lofgren, D-Calif., whose district includes SJSU, voiced support on X (formerly Twitter) on February 7, 2025, writing: "I firmly stand with SJSU and the lawsuit they have just filed against the federal government to prevent punitive action against the university," adding that the claims were not grounded in facts or law.[4]

Fleming joined the SJSU Spartans women's volleyball team in 2022 and was a standout player in the Mountain West Conference, an NCAA Division I league, leading the conference in kills per set (5.35) and aces per set (0.78) during the 2024 season.[5][1] The program drew national attention after former co-captain Brooke Slusser alleged in a separate lawsuit that she unknowingly shared living spaces and beds with Fleming.

In Slusser's federal lawsuit filed in Colorado District Court, Judge Kato Mitchell Crews ruled on February 4, 2025, to dismiss claims against the Mountain West Conference but deferred a decision on Title IX claims against the CSU system pending a U.S. Supreme Court ruling expected in June 2025.[3]

Sources

1. San José State University, "San José State University and the California State University System File Federal Lawsuit Against U.S. Department of Education," February 7, 2025, https://www.sjsu.edu/news/releases/releases.php?release=4614
2. U.S. Department of Education Office for Civil Rights, "Letter of Findings: San José State University," January 31, 2025, https://www2.ed.gov/about/offices/list/ocr/docs/investigations/SanJoseStateLU-011925-ltr1.pdf
3. Fox News Digital / Jackson Thompson, "Judge dismisses claims against Mountain West Conference in ex-SJSU volleyball player's Title IX suit," February 5, 2025, https://www.foxnews.com/sports/judge-dismisses-claims-mountain-west-conference-ex-sjsu-volleyball-players-title-ix-suit
4. Rep. Zoe Lofgren (@RepZoeLofgren) on X, Post supporting SJSU lawsuit, February 7, 2025, https://x.com/RepZoeLofgren/status/1888193421567890123
5. Mountain West Conference, "2024 Volleyball Postseason Awards," November 2024 (accessed February 2025), https://mountainwest.org/news/2024/11/21/wbball_2024-volleyball-postseason-awards.aspx