San Jose State University Under Federal Investigation Over Transgender Athlete Controversy

Created: JANUARY 17, 2025

San Jose State University (SJSU) is facing a U.S. Department of Education investigation into its handling of a transgender volleyball player, Blaire Fleming, amid potential Title IX violations. SJSU President Cynthia Teniente-Matson confirmed the university's cooperation with the investigation, emphasizing their commitment to treating all students fairly and adhering to state and federal laws. The investigation stems from former President Trump's executive order concerning transgender athletes' participation in sports.

Fleming, a prominent player for SJSU's women's volleyball team from 2022-2024, has been at the center of a contentious debate. A lawsuit filed by several Mountain West volleyball players and a former SJSU assistant coach alleges that the university concealed Fleming's birth sex from other female players, including former co-captain Brooke Slusser, who was assigned to share accommodations with Fleming during road trips. The controversy led several opposing teams to forfeit matches against SJSU in 2024, culminating in a forfeited Mountain West Tournament semifinal against Boise State. Despite an emergency injunction attempt to remove Fleming from competition, a federal judge ruled in favor of Fleming's participation. The escalating situation even required police presence at SJSU volleyball matches.

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Adding to the complexity, former SJSU assistant coach Melissa Batie-Smoose filed a Title IX complaint against the university after her suspension. The complaint alleges Fleming colluded with an opponent to target Slusser during a match, a claim that a Mountain West investigation found insufficient evidence to support. However, Slusser's attorney contested the investigation's findings, citing bias and demanding the release of the investigative report and related documents.

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The fallout from the controversy has seen nearly all eligible SJSU volleyball players enter the NCAA transfer portal. The NCAA's subsequent amendment of its gender eligibility policy to align with Trump's executive order further underscores the national implications of this case.

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This ongoing investigation highlights the complex intersection of athletic competition, gender identity, and legal regulations.

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