SJSU Sues Feds Over Title IX Probe Into Transgender Volleyball Scandal

Education Secretary McMahon gives university 10 days to resolve dispute or risk funding cuts

Published on Mar. 12, 2026

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San Jose State University (SJSU) and the California State University (CSU) system have filed a lawsuit against the federal government to challenge the findings of a Title IX investigation into the university's handling of a transgender volleyball player. The Department of Education determined SJSU violated Title IX, but the university has refused to negotiate a resolution, prompting Education Secretary Linda McMahon to threaten funding cuts if an agreement is not reached within 10 days.

Why it matters

This case highlights the ongoing debate around transgender athletes in women's sports and the tensions between protecting LGBTQ rights and ensuring fairness in competition. The lawsuit also raises questions about the limits of federal oversight and the balance between institutional autonomy and compliance with Title IX regulations.

The details

The Title IX investigation found that SJSU violated the law in its handling of a transgender volleyball player, Blaire Fleming, who played for the team from 2022-2024. The investigation determined that a female athlete on the team, Brooke Slusser, discovered that Fleming allegedly conspired with a player from an opposing team to have Slusser spiked in the face during a match, but SJSU did not investigate the incident. Slusser also alleged that she and a former assistant coach were aware of a meeting between Fleming and a Colorado State player in which Fleming discussed a plan to have Slusser spiked.

  • The Title IX investigation into SJSU's handling of the transgender volleyball player took place from 2022 to 2024.
  • On March 10, 2026, SJSU and the CSU system filed a lawsuit against the federal government to challenge the findings of the Title IX investigation.
  • On March 12, 2026, Education Secretary Linda McMahon gave SJSU 10 days to reach an agreement or face potential funding cuts and a referral to the Department of Justice.

The players

Linda McMahon

The U.S. Education Secretary who responded to SJSU's lawsuit and gave the university a 10-day deadline to resolve the dispute.

Cynthia Teniente-Matson

The president of San Jose State University, who announced the university's decision to file a lawsuit against the federal government.

Blaire Fleming

The transgender volleyball player who played for SJSU from 2022-2024 and was at the center of the Title IX investigation.

Brooke Slusser

A former SJSU volleyball player who alleged that Fleming conspired with an opposing player to have Slusser spiked in the face during a match.

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What they’re saying

“Protecting women's sports is nonnegotiable. After we found SJSU in violation of Title IX, they refused to negotiate a resolution. SJSU, you have ten days to cease your discriminatory practices.”

— Linda McMahon, U.S. Education Secretary (X)

“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 (SJSU Announcement)

What’s next

The judge in the case will decide whether to grant SJSU and the CSU system's request for an injunction to prevent the federal government from taking action against the university while the lawsuit is pending.

The takeaway

This case highlights the ongoing tensions between protecting transgender rights and ensuring fairness in women's sports. The lawsuit also raises questions about the limits of federal oversight and the balance between institutional autonomy and compliance with Title IX regulations.