San Jose State University (SJSU) and the California State University system have filed a lawsuit against the Trump administration, seeking to overturn a federal Title IX investigation into the university's handling of a 2024 volleyball scandal. The lawsuit asserts the school followed legal procedures and challenges the investigation's findings, potentially setting a national precedent for Title IX enforcement.
The legal action comes amid significant internal and external friction for SJSU. Days before the lawsuit was announced, transgender activists held a town hall meeting where they demanded university administrators reject the federal government's proposed resolution. Emails obtained via public records requests reveal that the university has faced pressure from various stakeholders, including a donor who asked to be removed from a key list in protest of the school's stance on transgender athletes in women's sports.
Transgender Rights Town Hall
A town hall titled "Trans Gender Rights Town Hall with SJSU Administration" was held on February 26 to discuss the university's response to the federal resolution proposal. While SJSU President Cynthia Teniente-Matson was advertised as attending, she was not present, according to footage of the event. Two administrators were in attendance, facing heated demands from activists to defy the Trump administration's findings and to protect transgender students' rights.
Speakers at the town hall expressed outrage over the perceived lack of administrative commitment and emphasized the importance of human rights over compromise. Some voiced frustration with the university's response, stating that "your best isn't adequate" and that people were being harmed and scared. The absence of President Teniente-Matson was a frequent point of contention.
In a March 6 announcement of the lawsuit, Teniente-Matson stated, "Our support for the LGBTQ members of our community, who have experienced threats and harms over the last several years remains unwavering." She acknowledged the fear and anxiety created by the situation.
Donor Opposition and Internal Concerns
In January, a month before the town hall and shortly before the U.S. Department of Education announced its findings, a donor communicated their opposition to transgender athletes participating in women's sports. In an email forwarded to university advancement officials, the donor stated, "I am totally against trans athletes playing in women’s sports. I am fine with trans people but the women who work so hard to advance their careers in athletics are getting robbed of their chances to rank and be recognized." The donor, a former supporter and member of The Tower Foundation, requested to be removed from giving lists.
SJSU responded to the donor's email by stating, "The University takes very seriously its legal obligations under Title IX. The University has followed and continues to follow the law." The identity of the donor was redacted in records released by SJSU.
Internal communications also reveal differing perspectives on the university's messaging. One email from an SJSU employee to Vice President of University Advancement Judy Nagai expressed concern that the university's communications did not directly address issues of fairness and privacy for women, potentially appearing ambiguous or dismissive of women's rights.
Federal Investigation and Lawsuit Details
On January 28, the Department of Education announced its finding that SJSU violated Title IX following a nearly year-long investigation. The department offered a resolution that included an apology to players and changes to official program records, but no monetary fines. However, SJSU's Risk Manager noted that while no fines were anticipated, litigation might increase due to the violation dating back to 2022.
The lawsuit filed by SJSU and the CSU system aims to have the federal investigation vacated. On March 27, a joint proposed order was filed by CSU and the federal government to prevent the Department of Education from using its findings to immediately disrupt federal funding.
Related Litigation
Separately, former SJSU volleyball player Brooke Slusser and former associate head coach Melissa Batie-Smoose have filed individual lawsuits against the institutions. Slusser's lawsuit, which includes Title IX charges, is awaiting a decision on motions to dismiss. A federal judge had delayed a ruling on these charges pending Supreme Court decisions on transgender athletes in women's sports. The Supreme Court's unanimous decision affirmed that Title IX does not prohibit states from maintaining separate sports teams for biological females or from excluding transgender girls and women from women's and girls' sports teams.
Batie-Smoose is pursuing a wrongful termination lawsuit against SJSU, with oral arguments scheduled for August 21.
Allegations of misconduct against the coach overseeing the 2024 team, Todd Kress, have also surfaced. A former player from Fairfield University sent a letter to SJSU in October 2024 alleging Kress attacked her in a hotel room in 1998. The former player stated she informed both Fairfield and SJSU of the encounter after reading accounts of similar intimidating and manipulative behaviors from young women on the 2024 SJSU team.