The U.S. Education Department announced on Wednesday that it has found San Jose State University in violation of Title IX, the federal gender equity law enacted in 1972, for permitting a transgender athlete to participate on the institution’s women’s volleyball team. This determination stems from an investigation initiated in February, conducted alongside a parallel inquiry involving the University of Pennsylvania.
The Education Department, operating under policies established during the Trump administration, proposed a settlement to San Jose State that entails the university’s acceptance of specific definitions of "male" and "female" genders set by that administration. As part of the proposed agreement, the university would also need to reinstate sports titles and records deemed to have been "misappropriated by male athletes," according to department officials. Furthermore, San Jose State would be required to issue formal apologizes to female athletes affected during this period.
Representatives from San Jose State University have not provided an immediate response or commentary regarding the department’s findings or the offered resolution.
The Education Department has actively taken steps against various educational institutions and states that allow transgender athletes to compete according to their gender identity, aligning with former President Donald Trump’s campaign commitments to curtail such participation.
In a related development, the University of Pennsylvania agreed to a similar settlement concerning a transgender athlete, swimmer Lia Thomas. That institution adjusted school records and issued apologies to members of the swim team in accordance with the department’s terms.
The department contends that beyond the participation of a transgender athlete, San Jose State University also engaged in retaliatory actions against players who voiced opposition to the policy permitting transgender athletes on women's teams.
Kimberly Richey, the assistant secretary for civil rights at the Education Department, issued a statement emphasizing the department’s stance: "We will not relent until SJSU is held to account for these abuses and commits to upholding Title IX to protect future athletes from the same indignities."
National attention has focused on San Jose State’s volleyball program after a lawsuit was filed by nine female players opposing the league’s inclusion policies on grounds of fairness and safety concerns. Their legal action also highlights the controversy and challenges faced by teams competing against San Jose State, as several opponent teams declined to play against them, resulting in forfeited matches.
The university has not officially confirmed the presence of a transgender athlete on its volleyball roster. The proposed administrative resolution further requires San Jose State to send personalized apologies to every woman who participated on the women’s indoor volleyball team from the years 2022 through 2024, as well as to women who played on the 2023 beach volleyball team. Additionally, apologies would extend to any athletes who chose to forfeit matches rather than compete against San Jose State’s team under these conditions.
Failure to accept the department’s proposed resolution could lead to a lawsuit from the Justice Department and the potential withdrawal of federal funding from San Jose State University, escalating the stakes of compliance.