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The U.S. Department of Education (ED) announced on Wednesday that it has found San José State University (SJSU) in breach of Title IX regulations for permitting transgender individuals born male to participate in women’s sports and access female-designated spaces.
The Office for Civil Rights (OCR) at the department launched an inquiry into the California university in February 2025. This investigation was prompted by reports that the institution allowed a biologically male athlete to join the women’s indoor volleyball team. Additionally, there were claims of retaliatory actions against female students and an assistant coach who challenged the school’s policies on “gender identity,” according to the ED.
“SJSU inflicted considerable damage on female athletes by permitting a male competitor on the women’s volleyball team. This decision compromised fair competition, posed safety risks, and deprived women of equal opportunities in sports, including access to scholarships and playing time,” stated Kimberly Richey, Assistant Secretary for Civil Rights. “The situation worsened when female athletes who voiced concerns faced retaliation, with one athlete being the subject of a Title IX complaint for allegedly ‘misgendering’ the male athlete on the women’s team. Such actions are intolerable,” she emphasized.
Richey further stated, “We are committed to ensuring SJSU is held responsible for these violations and that it pledges to uphold Title IX, safeguarding future athletes from similar injustices.”
In their findings, the OCR reported that from 2022 onwards, the university deliberately recruited and permitted a male athlete to play on both the women’s indoor and beach volleyball teams. Moreover, SJSU allegedly instructed coaching staff to withhold from female team members that the athlete was male.
“In addition to privacy concerns, the presence of this male athlete presented a safety concern for female athletes and provided SJSU’s volleyball team with an unfair physical advantage over opposing teams. On multiple occasions, the male athlete spiked the ball so forcefully that it knocked females on the opposing team to the ground,” ED alleged. “During one season, seven all-women’s teams from other universities forfeited their competitions, accepting a loss rather than competing against a male.”
OCR also concluded that the school violated Title IX by not quickly and fairly investigating complaints filed by female athletes about the male athlete on their team, and by “taking action that discouraged women from participating in the Title IX process,” ED said. Title IX prohibits sex discrimination in education programs and activities as a condition of receiving federal funding.
“In addition, days after a SJSU female volleyball player joined a Title IX lawsuit against the National Collegiate Athletic Association (NCAA), she discovered that the male student had conspired to have a member of the opposing team spike her in the face during an upcoming match,” ED said in its release. “SJSU did not investigate the conspiracy, but later subjected this female athlete to a Title IX complaint for reportedly ‘misgendering’ the male athlete when discussing this incident in online videos and interviews.”
OCR issued a proposed Resolution Agreement to SJSU to voluntarily resolve the Title IX violations.
A spokesperson for SJSU told Breitbart News it received notification of the OCR’s findings and is in the process of reviewing ED’s investigation and resolution agreement.
“We remain committed to providing a safe, respectful, and inclusive educational environment for all students while complying with applicable laws and regulations,” the spokesperson said via email.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
