The Department of Education’s Office for Civil Rights announced Wednesday that San José State University in California allegedly violated federal law by allowing a transgender woman to compete on the women’s volleyball team. The investigation began in February 2024, encompassing San José State, the University of Pennsylvania, and the Massachusetts Interscholastic Athletic Association.
Title IX Investigation and Allegations
The investigation centers on potential violations of Title IX of the Education Amendments of 1972, which prohibits sex discrimination in federally funded educational programs. According to Assistant Secretary for Civil Rights Kimberly Richey, San José State “caused significant harm to female athletes” by permitting the participation of a “male” athlete on the women’s team, resulting in unfair competition, safety concerns, and diminished opportunities for female athletes.
The situation became contentious in the fall of 2024 after the player was outed. Several opposing teams forfeited games against San José State in protest. Attempts to prevent her participation in the Mountain West Conference tournament in November 2024, including a lawsuit and request for an injunction, were unsuccessful in court. San José State subsequently lost the tournament final to Colorado State.
Proposed Resolution and Potential Consequences
To resolve the claims, the Department of Education has proposed a series of demands. These include a public statement adopting “biology-based definitions” of male and female, separation of sports and facilities based on biological sex, and restoration of athletic records and titles to female athletes. The Department also seeks apologies to female athletes affected by the situation.
If San José State rejects the proposed agreement, the Department of Education indicated it could pursue legal action through the Department of Justice and potentially jeopardize the university’s federal funding. This follows a similar finding last year regarding the University of Pennsylvania, which ultimately banned transgender athletes from women’s sports and stripped a transgender swimmer, Lia Thomas, of her titles.
The current investigation builds upon an executive order signed by Donald Trump in 2023, which directed the administration to consider “biological sex” assigned at birth when enforcing Title IX. The Biden administration, conversely, has maintained that Title IX prohibits discrimination against transgender women.
San José State released a statement acknowledging receipt of the Department of Education’s findings and stating its commitment to reviewing the proposed resolution while upholding its dedication to a safe, respectful, and inclusive environment.
Frequently Asked Questions
What specific actions is the Department of Education asking San José State to take?
The Department of Education is demanding that San José State issue a public statement adopting “biology-based definitions” of male and female, separate sports and facilities based on biological sex, restore records and titles to female athletes, and issue apologies to those affected.
Has San José State confirmed the identity of the athlete in question?
No, the university has not confirmed the identity of the transgender player, nor has the player publicly come out. Reports of her participation on the team occurred from 2022 to 2024.
What happened with the University of Pennsylvania’s Title IX investigation?
The University of Pennsylvania was found to have violated Title IX by allowing transgender women to compete on women’s teams and settled the matter by banning transgender athletes from women’s sports and stripping Lia Thomas of her swimming titles.
As this situation unfolds, what role should universities play in balancing inclusivity with concerns about fair competition and the rights of all athletes?
