This report has been updated to include responses from San Jose State President Cynthia Teniente-Matson and from the N.C.A.A.
The U.S. Department of Education on Thursday announced investigations of San Jose State University, the University of Pennsylvania and the Massachusetts high school athletic association “where violations of Title IX have been reported.”
The announcement came one day after President Donald Trump signed an executive order banning transgender athletes from competing in women’s sports. The President called the order, Keeping Men Out of Women’s Sports, “a promise to women and girls: This administration will not tolerate the mistreatment of female athletes.”
“The previous administration trampled the rights of American women and girls—and ignored the indignities to which they were subjected in bathrooms and locker rooms—to promote a radical transgender ideology. That regime ended on Jan. 20, 2025,” said Craig Trainor, Acting Assistant Secretary for Civil Rights in a press release today.
In his statement, Trainor said his office is reviewing policies at other schools “to evaluate their alignment with Title IX protections for female athletes.”
San Jose State responded Thursday afternoon by saying it has followed and will continue to follow policies of the California State University system “and applicable law.”
In a statement, SJSU President Cynthia Teniente-Matson said, “We recognize that at times, these laws and policies may intersect in complex ways. In navigating these frameworks, our focus remains on upholding our responsibilities while supporting our students.”
Teniente-Matson said, “San Jose State University will not address the gender identity of any student as they are protected under federal law, via the Family Educational Rights and Privacy Act.”
“As with any federal inquiry, we will fully engage with the process, follow established procedures and remain transparent in our compliance with all applicable laws,” she said.
“While we adhere to legal and regulatory requirements, San José State will continue to act within our authority to uphold the values that define us as an institution,” Teniente-Matson said in her statement. “Our focus remains on our values including fostering an environment that cultivates compassion, where every student has the opportunity to thrive. We remain steadfast in our role as a place of learning, respect, and opportunity for all.”
“San José State University is committed to ensuring that all of our students, including our student athletes, are treated fairly, free from discrimination, and afforded the rights and protections granted under federal and state law, including privacy rights.”
The education department – which Trump also said he plans to abolish – on Jan. 31 notified the nation’s K-12 schools and higher education institutions of “a return to enforcing Title IX protections on the basis of biological sex.”
“Yesterday’s executive order ensures that federally funded institutions of higher education prioritize fairness and safety in women’s sports,” the education department said in a Feb. 6 press release.
In its announcement, the education department called San Jose State University’s transgender volleyball player Blaire Fleming a “male athlete.” The department cited Fleming’s “dominant performance on the women’s volleyball team,” and linked to a report of one volleyball match in Outkick, a sports and political commentary website owned by the Fox Corporation that features "news, opinion pieces and podcasts surrounding sports and popular culture, presented from a conservative perspective."
The department said the Fox outlet reported that Fleming’s play featured “dangerous strikes directed at opponent’s faces, [that] forced competing teams to forfeit games to protect their female athletes.”
In the press release, the education department also linked to a Fox News report of a lawsuit filed against SJSU by players and a former assistant coach. Fox News, according to the press release, reported that the lawsuit alleged that the university awarded Fleming a scholarship over several female players and that it retaliated against the players and the assistant coach “who defended female athletes.”
Last November, a federal court judge in Colorado rejected a lawsuit filed by eight players for four other colleges in San Jose State’s conference, the Mountain West, seeking to bar the San Jose State volleyball player from competition.
They were joined by women’s volleyball co-captain Brooke Slusser, along with former Spartan volleyball players Alyssa Sugai and Elle Patterson, San Jose State associate head coach Melissa Batie-Smoose and eight players from four schools that decided to forfeit games against the Spartans as long as Fleming was competing.
Batie-Smoose was suspended indefinitely after she filed a Title IX complaint against San Jose State, alleging that Fleming conspired with an opponent to help the team lose a match and injure teammate Slusser.
The plaintiffs argued that allowing Fleming to participate in the tournament would discriminate against women by denying them equal opportunities.
The defendants named in the lawsuit were San Jose State head volleyball Coach Todd Kress, the Mountain West Conference and its commissioner, two administrators at San Jose State, and the board of trustees of the California State University System.
San Jose State told the court that it followed all N.C.A.A. eligibility guidelines. Lawyers for the defendants pointed to a Supreme Court ruling in 2020 saying that a ban on sex discrimination in the workplace, part of the Civil Rights Act of 1964, extended to discrimination based on sexual orientation and gender identity.
Also on Thursday, the NCAA undercut San Jose State's position by changing its transgender policies to comply with the President's executive order.
The New York Times reported that transgender women will be barred from competing in N.C.A.A. women’s college sports, the sports organization announced on Thursday. The decision, effective immediately, followed Trump’s signing of an executive order asking his agencies to withdraw federal funding from educational institutions if they defied him and let transgender girls and women compete.
“We strongly believe that clear, consistent and uniform eligibility standards would best serve today’s student-athletes instead of a patchwork of conflicting state laws and court decisions,” Charlie Baker, the president of the N.C.A.A., said in a statement. “To that end, President Trump’s order provides a clear, national standard.”
The Education Department announcement today quoted a former University of Pennsylvania athlete: “I’m deeply grateful to the Department of Education for addressing Title IX violations concerning female athletes with such seriousness. As a former University of Pennsylvania swimmer who was forced to compete against and share a locker room with a male athlete, I look forward to holding accountable the higher education institutions that promoted this,” said Paula Scanlan, a former member of Pennsylvania’s women’s swimming team.
The University of Pennsylvania had awarded Lia Thomas, who is transgender, a roster spot on the swim team. The department reported that Scanlan had testified before Congress that she and her teammates were "offered psychological services to attempt to re-educate us to become comfortable with the idea of undressing in front of a male.”
In Massachusetts, a girls’ high school basketball team forfeited a game after a transgender player on the opposing female team reportedly injured three female players. The department quoted the Massachusetts Interscholastic Athletic Association’s handbook as saying that a “student shall not be excluded from participation on a gender-specific sports team that is consistent with the student’s bona fide gender identity.”
Title IX is a powerful weapon.
Title IX is a double-edged sword.
San José State University says it is committed to “ensuring that all of our students, including our student athletes, are treated fairly, free from discrimination, and afforded the rights and protections granted under federal and state law, including privacy rights.”
It is fair and safe for women to keep sports single sex. It is not a “privacy right” for a male to claim a false female identity. That is a lie.
Former assistant SJSU women’s volleyball head coach Batie-Smoose reportedly had her Scotts Valley home window shot out on February 10. She believed she was targeted for opposing men playing in women’s collegiate sports.