Trump Admin Finds SJSU Violated Title IX in Trans Volleyball Player Case

University faces 'imminent enforcement action' over handling of Blaire Fleming's participation on women's team

Jan. 28, 2026 at 5:31pm

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The U.S. Department of Education has determined that San Jose State University violated Title IX due to its handling of transgender former volleyball player Blaire Fleming. SJSU now has 10 days to comply with a series of agreements or face potential enforcement action. The investigation was launched after several teams forfeited games against SJSU amid the controversy surrounding Fleming's participation on the women's team.

Why it matters

This case highlights the ongoing debate over transgender athletes competing in women's sports and the challenges schools face in balancing inclusion and fairness. The Department of Education's findings suggest SJSU failed to protect female athletes' rights and retaliated against those who spoke out, raising broader questions about how schools should address these complex issues.

The details

The Department of Education found that SJSU "caused significant harm to female athletes by allowing a male to compete on the women's volleyball team—creating unfairness in competition, compromising safety, and denying women equal opportunities in athletics." It also determined the school retaliated against female athletes who complained, including subjecting one to a Title IX complaint for "misgendering" Fleming. The investigation uncovered allegations that Fleming conspired with an opposing player to intentionally spike a SJSU player in the face, but SJSU did not investigate those claims.

  • The Department of Education launched its investigation into SJSU in February 2026.
  • In November 2024, former SJSU player Brooke Slusser filed a lawsuit against the Mountain West Conference alleging Fleming discussed a plan to have Slusser spiked in the face.
  • The Mountain West investigated the allegations but found insufficient evidence, using the same law firm defending the conference against Slusser's lawsuit.

The players

Blaire Fleming

A transgender former volleyball player at San Jose State University.

Brooke Slusser

A former co-captain of the SJSU women's volleyball team who joined lawsuits against the NCAA, Mountain West Conference and SJSU over the handling of Fleming's participation.

Melissa Batie-Smoose

A former SJSU assistant coach who filed a Title IX complaint against the school for its handling of Fleming and was later suspended and not re-signed.

Kimberly Richey

The U.S. Department of Education's Assistant Secretary for Civil Rights, who stated SJSU's actions were "unacceptable" and vowed to hold the school accountable.

Jeff Konya

The SJSU Athletic Director who said he had "no idea" if Slusser's allegations against Fleming were true.

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What they’re saying

“SJSU caused significant harm to female athletes by allowing a male to compete on the women's volleyball team—creating unfairness in competition, compromising safety, and denying women equal opportunities in athletics, including scholarships and playing time.”

— Kimberly Richey, ED Assistant Secretary for Civil Rights (Fox News Digital)

“Even worse, when female athletes spoke out, SJSU retaliated—ignoring sex-discrimination claims while subjecting one female SJSU athlete to a Title IX complaint for allegedly 'misgendering' the male athlete competing on a women's team. This is unacceptable. We will not relent until SJSU is held to account for these abuses and commits to upholding Title IX to protect future athletes from the same indignities.”

— Kimberly Richey, ED Assistant Secretary for Civil Rights (Fox News Digital)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights the ongoing tensions and challenges around transgender athletes competing in women's sports, with the Department of Education finding that SJSU failed to protect female athletes' rights and retaliated against those who spoke out. The university now faces potential enforcement action as the debate over these complex issues continues.