SJSU Facing 'Enforcement Action' over Trans Athlete Scandal

Department of Education says university violated Title IX by allowing trans-identifying male athlete on women's teams

Mar. 26, 2026 at 10:20pm

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The U.S. Department of Education has announced it is issuing a 'Letter of Impending Enforcement Action' to San Jose State University (SJSU) over the school's policies allowing transgender-identifying male athletes to compete on women's sports teams. The investigation centered around the case of trans-identifying male volleyball player Blaire Fleming, who competed on SJSU's women's indoor and beach volleyball teams from 2022-2024. The Department of Education found SJSU's actions violated Title IX and gave the school 10 days to comply with the law or risk losing federal funding.

Why it matters

This case highlights the ongoing debate over transgender athletes competing in women's sports, with advocates arguing for inclusion but critics saying it undermines fairness and safety for female athletes. The Department of Education's action against SJSU signals the federal government's stance that allowing biological males to compete against women violates civil rights protections.

The details

According to the Department of Education, SJSU actively recruited and allowed the trans-identifying male athlete to compete on the women's volleyball teams starting in 2022. The school allegedly told coaching staff not to inform female players that the athlete was biologically male. The Department said the male athlete's presence raised privacy and safety concerns, as he would spike the ball so forcefully that it knocked opposing female players to the ground. As a result, seven all-women's teams forfeited matches rather than compete against the male athlete. The Department also found SJSU failed to properly investigate complaints from female athletes about the situation and even took actions that discouraged women from participating in the Title IX process.

  • In 2022, the trans-identifying male athlete began competing on SJSU's women's indoor and beach volleyball teams.
  • In January 2026, the Department of Education concluded SJSU's policies violated Title IX.
  • On March 26, 2026, the Department of Education announced it is issuing a 'Letter of Impending Enforcement Action' to SJSU.

The players

Blaire Fleming

A trans-identifying male athlete who competed on SJSU's women's indoor and beach volleyball teams from 2022-2024.

Kimberly Richey

Assistant Secretary for Civil Rights at the U.S. Department of Education.

Cynthia Teniente-Matson

President of San Jose State University.

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What they’re saying

“We have provided SJSU with multiple opportunities to resolve its Title IX violations with common sense actions: separating male and female athletes based on their biological sex, keeping men out of women's locker rooms and bathrooms, restoring rightfully-earned titles and accolades to female athletes, and apologizing to the women forced to forfeit competitions to protect themselves. Yet, SJSU remains obstinate, choosing a radical ideology over safety, dignity, and fairness for its own students.”

— Kimberly Richey, Assistant Secretary for Civil Rights, U.S. Department of Education

“Our support for the LGBTQ members of our community, who have experienced threats and harms over the last several years remains unwavering. We know the attention the university has received around this issue and the investigative process that followed have been unsettling for many in our community. We've heard the fear and anxiety that it has created and recognize that waiting for the university's response has been difficult at a time already filled with uncertainty.”

— Cynthia Teniente-Matson, President, San Jose State University

What’s next

SJSU has 10 days to comply with Title IX or face enforcement action, including referral to the U.S. Department of Justice and potential termination of federal funding.

The takeaway

This case highlights the ongoing tensions between transgender inclusion and the rights of female athletes, with the Department of Education siding with the view that allowing biological males to compete against women violates civil rights protections. The outcome could set a precedent for how colleges and universities handle similar situations in the future.