At 2 p.m., an email from the California State University (CSU) system’s Chancellor was sent to all CSU employees stating that the system is rejecting the proposed agreement with the U.S. Department of Education’s Office for Civil Rights (OCR) regarding a transgender athlete who competed on San Jose State University (SJSU)’s women’s volleyball team and has now filed a lawsuit against the OCR.
Earlier this year, the OCR gave SJSU 10 days to comply with demands on the claims that SJSU violated Title IX, the civil rights law that prohibits sex-based discrimination, allowing equal rights towards education, athletics and protects against sexual harassment, assault and provides protections for pregnant and parenting students.
With the claims of violating Title IX, SJSU risks losing federal funding if it does not comply with what the OCR has proposed.
In the email, CSU Chancellor Mildred Garcia stated, “Here’s why, in the most simple terms: SJSU fully complied with the law and cannot and must not be punished for doing so. I have every confidence that the facts clearly establish that SJSU was in full compliance with both Title IX and relevant NCAA regulations during this time.”
The violation of Title IX comes from the executive order titled “Keeping Men Out of Women’s Sports” signed in 2025, which states that education systems and athletic programs shall not ignore “fundamental biological truths between the two sexes.”
The Athlete in question is Blarie Fleming, who played for the women’s volleyball team during the 2022, 2023 and 2024 seasons for SJSU, and then graduated in 2025.
Before the 2025 executive order, Title IX prohibited discrimination against and harassment of transgender people, which was in effect during the time Fleming played.
Title IX now being a bargaining tool with education systems is nothing new; the Trump administration created a new Title IX Special Investigations Team to specifically support claims like these in 2025.
In Apr. 2025, the Justice Department sued the state of Maine for allowing transgender students to play in girls’ and women’s sports.
“We are an inclusive institution. Inclusive excellence is perhaps our most fundamental and treasured core value. It is in our DNA. As your chancellor I assure you – that will never change.” stated Garcia in the email
The CSU system has responded with the lawsuit, Board of Trustees of California State University v United States Department of Education, which claims that SJSU has violated no law under the new executive order.
