McMahon warns SJSU against cutting federal funding in transgender volleyball case
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U.S. Secretary of Education Linda McMahon responded to San Jose State University (SJSU) and the California State University (CSU) system after the institutions sued the federal government to challenge the results of the federal Title IX investigation.
SJSU and CSU announced their lawsuit Friday after the Department of Education ruled that SJSU violated Title IX in its treatment of a transgender volleyball player from 2022-24.
Now, McMahon is giving the agencies a 10-day deadline to reach an agreement or risk cutting federal funding and being referred to the US Department of Justice.
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“Protecting women’s sports is non-negotiable. After finding SJSU in violation of Title IX, it refuses to negotiate a resolution. SJSU, you have 10 days to stop your racist practices,” McMahon wrote on X Wednesday.
McMahon’s post included a letter sent to SJSU President Cynthia Teniente-Matson from the Department of Education’s Office of Human Rights (OCR).
“Based on the recipient’s steadfast refusal to voluntarily negotiate a resolution to OCR’s issues, OCR has determined that a voluntary agreement cannot be reached and is inconsistent. OCR will issue a Letter of Future Enforcement Action within 10 calendar days if a resolution agreement is not reached within that 10-day period,” the letter said.
“Enforcement action may include the initiation of administrative proceedings set forth in 20 USC § 1681, et seq.; 34 CFR Parts 100, 101, 106; and 20 USC § 1234, et seq. suspend, terminate, or refuse to provide or continue Federal funding – or other measures authorized by law, including referral to the Department of Justice. This letter is not the agency’s final action.”
Fox News Digital has reached out to SJSU and CSU for comment.
Previously, Teniente-Matson announced that the university would not agree to the agreement proposed by the Ministry of Education.
“Because we believe OCR’s findings are not based on fact or law, SJSU and CSU filed a lawsuit today against the federal government to challenge the findings and prevent the federal government from taking punitive action against the university, including possible withholding of significant federal funds,” Teniente-Matson said Friday.
“This is not a step we take lightly. However, we have a responsibility to protect the integrity of our institution and the law, while ensuring that all members of our community are treated fairly and in accordance with the law. Our philosophy is simple: We have followed the law and we will not be punished for doing so.”
‘BAD’ MOMENTS UNR VOLLEYBALL PLAYERS WERE TAUGHT IN SJSU IX SCANDAL
Teniente-Matson affirmed the university’s commitment to protecting the LGBTQ community in the announcement.
“Our support for LGBTQ members of our community, who have experienced threats and harm over the past few years, remains unwavering. We know that the university has received attention regarding this matter and the subsequent investigative process has been unsettling to many in our community,” he said. “We have heard the fear and anxiety you have caused and realize that waiting for the university’s response has been difficult at a time already full of uncertainty.”
The university and its volleyball program gained national attention in 2024 after Blair Fleming’s 2022 recruiting team was revealed. Former SJSU captain Brooke Slusser joined the case and led his own, alleging that he was never told that Fleming was a live-in male when he joined the group and shared bedrooms and changed places with Fleming without that knowledge.
Among the findings of the department, he found out that the female athlete found out that the trans student allegedly conspired for a member of the opposition team to cover her face while playing. The department says “SJSU did not investigate the conspiracy, but later filed a Title IX complaint against the female athlete for ‘disrespecting’ the male athlete in videos and online chats.”
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Brooke Slusser (10) and Blaire Fleming (3) of the San Jose State Spartans call the game during the first set against the Air Force Falcons on Falcon Court in the East Gym Oct. 19, 2024, in Colorado Springs, Colo. (Andrew Wevers/Getty Images)
Slusser alleged in her November 2024 lawsuit against Mountain West that she and former assistant coach Melissa Batie-Smoose were made aware of a meeting between Fleming and a Colorado State women’s volleyball player on Oct. 2, 2024, where Fleming discussed a plan with Jones to have Slusser punched in the face during a game the following night.
Slusser has become controversial after an interview with Fox News Digital where he revealed what it was like to live in the same house with Fleming.
Follow Fox News Digital’s sports coverage on Xand register at the Fox News Sports Huddle.
