SJSU and CSU Suing Federal Government Over Title IX Investigation

Schools challenge Department of Education's findings of Title IX violations in handling of transgender volleyball player

Published on Mar. 7, 2026

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San Jose State University and the California State University (CSU) system have filed a lawsuit against the federal government to challenge the U.S. Department of Education's recent determination that SJSU violated Title IX in its handling of a transgender volleyball player. The schools are refusing to comply with the Department's demands and are instead taking legal action to prevent potential federal funding cuts.

Why it matters

This case highlights the ongoing debate around transgender athletes in women's sports and the complex legal and regulatory issues involved. The lawsuit also raises questions about the scope of the Department of Education's Title IX enforcement and whether universities have the right to defend their policies in court.

The details

The Department of Education's Office of Civil Rights (OCR) concluded in January that SJSU violated Title IX in its handling of a transgender volleyball player named Blaire Fleming, who joined the team in 2022. The investigation found that SJSU did not properly investigate an alleged conspiracy by Fleming to have an opposing player spiked in the face, and that the school subjected a female player, Brooke Slusser, to a Title IX complaint for 'misgendering' Fleming. Instead of complying with the Department's demands to resolve the violations, SJSU and CSU have filed a lawsuit challenging the findings.

  • The OCR announced its findings against SJSU at the end of January 2026.
  • SJSU and CSU filed the lawsuit on March 6, 2026.

The players

Cynthia Teniente-Matson

President of San Jose State University.

Brooke Slusser

Former SJSU volleyball co-captain who joined a lawsuit alleging she was not informed that Blaire Fleming was a biological male when they shared bedrooms and changing spaces.

Blaire Fleming

Transgender volleyball player who joined the SJSU team in 2022, sparking the Title IX investigation.

Malaya Jones

Colorado State women's volleyball player who allegedly met with Blaire Fleming to discuss a plan to have Brooke Slusser spiked in the face during a match.

Melissa Batie-Smoose

Former SJSU assistant volleyball coach.

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What they’re saying

“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.”

— Cynthia Teniente-Matson, President, San Jose State University (wxbc1043.com)

“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!”

— Brooke Slusser, Former SJSU volleyball co-captain (Fox News Digital)

What’s next

A federal judge is expected to rule on the Title IX damages claims against the CSU Board after the Supreme Court issues its decision in the B.P.J. v. West Virginia case, which is expected in June.

The takeaway

This lawsuit highlights the complex and contentious issues surrounding transgender athletes in women's sports, as well as the ongoing tensions between universities, the federal government, and student-athletes over Title IX enforcement and compliance.