Trump Admin Says San Jose State Broke Law by Allowing Transgender Volleyball Player

University faces potential lawsuit and loss of federal funding if it doesn't accept administration's demands.

Jan. 28, 2026 at 4:31pm

The Trump administration has concluded that San Jose State University discriminated against women by allowing a transgender athlete to play on the women's volleyball team. The Education Department is offering the university a deal to resolve the case, which would require it to accept the administration's definition of 'male' and 'female,' restore titles and records 'misappropriated by male athletes,' and issue an apology to female athletes. If San Jose State rejects the deal, it could face a Justice Department lawsuit and risk losing federal funding.

Why it matters

This case is part of a broader effort by the Trump administration to take action against states, schools, and colleges that allow transgender athletes to compete. The administration has argued that this is unfair and violates Title IX, the federal law prohibiting sex discrimination in education.

The details

The Education Department said San Jose State violated Title IX by allowing a transgender athlete on the women's volleyball team and for allegedly retaliating against players who condemned the decision. As part of the proposed deal, the university would have to send a personalized apology to every woman who played on the women's indoor volleyball team from 2022 through 2024 and on the 2023 beach volleyball team, as well as to any woman who forfeited rather than play San Jose State.

  • The investigation into San Jose State was opened in February 2026 alongside a similar one at the University of Pennsylvania.
  • Penn later agreed to a deal similar to the one being offered to San Jose State in 2026.

The players

San Jose State University

A public university located in San Jose, California that allowed a transgender athlete to play on the women's volleyball team, which the Trump administration has concluded discriminated against women.

U.S. Education Department

The federal agency that has concluded San Jose State University discriminated against women and is offering the university a deal to resolve the case.

Kimberly Richey

The assistant secretary for civil rights at the U.S. Education Department, who said the department "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."

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What they’re saying

“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, Assistant Secretary for Civil Rights, U.S. Education Department (nypost.com)

What’s next

If San Jose State rejects the proposed deal, it could face a Justice Department lawsuit and risk losing federal funding.

The takeaway

This case highlights the ongoing debate over the participation of transgender athletes in women's sports, with the Trump administration taking a firm stance against it and arguing it violates Title IX. The outcome could have significant implications for transgender athletes and the future of gender equity in college sports.