SJSU president responds to federal investigation into university’s transgender volleyball player scandal

San José State University President Cynthia Teniente-Matson has addressed an investigation into the university by the U.S. Department of Education over its handling of a transgender volleyball player. 

SJSU will be investigated for potential Title IX violations over its handling of transgender athlete Blaire Fleming, the DOE told Fox News Digital earlier Thursday.

Teniente-Matson provided a statement to Fox News Digital saying the university is prepared to cooperate in the investigation. 

“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. 

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“We follow policies and regulations set forth by the California State University system and applicable law, and 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.

“Recently, we were notified that the U.S. Department of Education has initiated a directed investigation related to Title IX in light of President Trump’s executive order with respect to athletics participation. 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.

“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. 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.”

WHO IS BLAIRE FLEMING? SJSU VOLLEYBALL PLAYER DOMINATING FEMALE RIVALS AND ENRAGING WOMEN’S RIGHTS GROUPS

Fleming played three seasons on the women’s team, from 2022-24, as one of the Mountain West’s top hitters, leading the team in kills. However, SJSU administrators allegedly withheld the truth about Fleming’s birth sex from other female players on the team, according to a lawsuit filed by 11 Mountain West volleyball players and a former SJSU assistant coach. 

Former Spartans co-captain Brooke Slusser leads that lawsuit and alleges San José State administrators and volleyball coach Todd Kress actively prevented her from knowing Fleming’s birth sex while assigning her to share bedrooms with the transgender athlete on most road trips during their first season together in 2023. 

The controversy involving Fleming prompted five of SJSU’s opponents in 2024 to forfeit a total of eight matches. The final forfeit was a Mountain West Tournament semifinal against Boise State, which had already forfeited twice to the Spartans in the regular season. 

That forfeit sent Fleming, Slusser and SJSU to the conference final, where they lost to Colorado State. The plaintiffs in Slusser’s lawsuit filed for an emergency injunction in November prior to the tournament in an attempt to have Fleming removed from competition and all losses by forfeit wiped from their opponents’ records. However, federal Judge Kato Crews, who was appointed by President Joe Biden in January 2024, ruled Fleming could play. 

The situation became so volatile the team needed regular police protection for its home and away matches. Slusser previously told Fox News Digital the experience was “traumatizing.”

“This season has been so traumatizing that I don’t even have a proudest moment,” Slusser said. 

Former San José State University assistant volleyball coach Melissa Batie-Smoose, who was let go from the program, was suspended from the program Nov. 2 after she filed a Title IX complaint against the university regarding its alleged handling of the situation involving Fleming. The complaint included allegations that Fleming had conspired with an opponent to have former SJSU co-captain Brooke Slusser hit in the face during a match in October. 

Batie-Smoose’s complaint alleges Fleming provided a scouting report to an opponent to ensure a Colorado State competitive advantage and allegedly established a plan to set up an opponent with a clear lane to spike Slusser in the face during a match.

Slusser was never spiked in the face during that match, but Colorado State did win in straight sets. 

A Mountain West investigation into Batie-Smoose’s allegations did not find sufficient evidence to discipline any player named in the allegations.

Slusser’s attorney, Bill Bock, later provided a statement to Fox News Digital insisting that the investigation had been “infected with bias.” 

“Because the MWC’s investigation was inadequate, and anything but thorough, and because the MWC’s close-out letter is riddled with errors, the undersigned is issuing this rebuttal and demands that the MWC immediately and publicly release: (1) the investigative report prepared by its investigator(s), and (2) all documents connected to the MWC’s claimed ‘thorough investigation’ and upon which the MWC’s decision not to proceed further was based,” Bock’s statement said.

Nearly every one of the players on SJSU’s 2024 team that has remaining NCAA eligibility has entered the NCAA transfer portal, Fox News Digital previously reported. 

President Donald Trump signed an executive order Wednesday to prevent transgender athletes from competing in women’s and girls sports. The NCAA announced Thursday it is amending its gender eligibility policy to fall in line with Trump’s executive order. 

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