The U.S. Department of Education has determined that San Jose State University violated Title IX by allowing a biological male to compete on its women’s volleyball team and retaliating against female athletes who raised concerns, giving the school 10 days to accept corrective measures or face enforcement action.

The Department of Education’s Office for Civil Rights released its findings on January 28, 2026, following a year-long investigation into the 2023–2024 seasons when Blaire Fleming, a transgender woman (biological male), played on the women’s team. The department concluded that SJSU:

  • Denied female athletes equal opportunities by allowing a male to compete in women’s sports, creating unfair competition, safety risks, and loss of scholarships and playing time.
  • Retaliated against female athletes who spoke out, including filing a Title IX complaint against one player for “misgendering” Fleming.
  • Failed to investigate allegations that Fleming conspired with an opposing player to harm former co-captain Brooke Slusser during a match.
  • Suspended and later did not renew assistant coach Melissa Batie-Smoose after she filed a Title IX complaint about Fleming’s participation.

Under the Department of Education’s resolution, SJSU must:

  • Publicly adopt biology-based definitions of “male” and “female” and affirm that biological sex is unchangeable.
  • Separate sports teams and intimate facilities based on biological sex.
  • Refuse to delegate Title IX compliance to outside entities that discriminate on the basis of sex.
  • Restore misappropriated athletic records and titles to female athletes, and issue personalized apology letters.
  • Send apology letters to all female athletes affected during the 2022–2024 indoor volleyball seasons, 2023 beach volleyball, or who forfeited matches rather than compete against a male athlete.

The department gave SJSU 10 days to agree or face potential enforcement, including the possible loss of federal funding. The case has drawn national attention since 2024, when seven opposing teams forfeited matches due to Fleming’s participation. Former team captain Brooke Slusser alleged that the experience caused severe physical and mental harm, including anorexia and loss of her menstrual cycle. Batie-Smoose has also sued the California State University system, claiming retaliation.