SJSU Faces Title IX Violations Over Trans Volleyball Player

Federal investigation finds university failed to protect female athletes

Jan. 28, 2026 at 5:47pm

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The U.S. Department of Education has found that San Jose State University violated Title IX by allowing a transgender athlete to compete on the women's volleyball team. The Department has given SJSU 10 days to comply with a series of agreements, including biology-based definitions and apologies, or face "imminent enforcement action."

Why it matters

This case highlights the ongoing debate over transgender participation in women's sports, with concerns raised by female athletes about fairness and safety. The Department of Education's findings underscore the legal and regulatory challenges universities face in balancing inclusivity and competitive equity.

The details

The Department of Education launched an investigation into SJSU last February after several teams forfeited games due to the controversy over transgender player Blaire Fleming. Former SJSU co-captain Brooke Slusser and assistant coach Melissa Batie-Smoose have both filed complaints, alleging they were retaliated against for speaking out. The Department found that SJSU failed to investigate an alleged conspiracy by Fleming to have an opposing player spike a female athlete in the face.

  • The Department of Education launched its investigation into SJSU in February 2026.
  • In 2025, the Department reached resolutions with the University of Pennsylvania and Wagner College over similar issues.

The players

Blaire Fleming

A transgender athlete who competed on SJSU's women's volleyball team.

Brooke Slusser

A former SJSU co-captain who joined lawsuits against the NCAA and university over the inclusion of Blaire Fleming on the women's team.

Melissa Batie-Smoose

A former SJSU assistant coach who filed a Title IX complaint against the university for its handling of Blaire Fleming.

Linda McMahon

The U.S. Secretary of Education who addressed the Department's findings against SJSU.

San Jose State University

The California university found in violation of Title IX for allowing a transgender athlete to compete on the women's volleyball team.

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What they’re saying

“San Jose State, a member of the California State University system, received notification from the federal Department of Education's Office of Civil Rights regarding its investigation into athletics participation on our past women's volleyball teams. The Department informed the University of the outcome of its investigation and its findings. The University is in the process of reviewing the Department's findings and proposed resolution agreement.”

— San Jose State University (foxnews.com)

“San Jose State University caused significant harm to female athletes by allowing a male to compete on the women's volleyball team – and when female athletes spoke out, SJSU retaliated. Today, we found SJSU in violation of Title IX, and we will hold them accountable.”

— Linda McMahon, U.S. Secretary of Education (foxnews.com)

What’s next

SJSU has 10 days to comply with the Department of Education's proposed resolution agreement or face "imminent enforcement action."

The takeaway

This case highlights the ongoing tensions between inclusivity and competitive equity in women's sports, with universities facing increasing legal and regulatory pressure to balance these priorities. The Department of Education's findings against SJSU underscore the need for clear guidelines and policies to protect the rights of all student-athletes.