San Jose, CA. — The U.S. Department of Education’s Office for Civil Rights (OCR) has found that San José State University violated Title IX of the Education Amendments of 1972 by allowing a male athlete to compete on women’s sports teams and access female-only facilities, according to a determination released Thursday.
OCR concluded that the university’s policies denied female students equal educational opportunities and benefits, including fair athletic competition, privacy, safety, and access to scholarships and playing time.
The investigation began in February 2025 after allegations that San José State permitted a male student to compete on the women’s indoor and beach volleyball teams and retaliated against female athletes and an assistant coach who raised concerns about the university’s gender identity policies.
According to OCR, the university recruited and rostered the male athlete beginning in 2022 and allegedly instructed coaching staff not to inform female players of the athlete’s biological sex. As a result, female athletes reportedly shared locker rooms and hotel accommodations with the male student without their knowledge.
OCR cited multiple concerns, including competitive fairness and safety. Investigators reported that during matches, the male athlete struck the ball with enough force to knock opposing female players to the ground. Seven all-women’s teams from other universities reportedly forfeited matches rather than compete against San José State while the male athlete was on the roster.
The agency also found that San José State failed to promptly and equitably investigate Title IX complaints filed by female athletes and took actions that discouraged participation in the Title IX process. In one instance, a female volleyball player who joined a Title IX lawsuit against the NCAA later became the subject of a Title IX complaint after she publicly discussed an alleged on-court incident involving the male athlete. OCR determined the university did not investigate the alleged conspiracy she reported but pursued a complaint against her for purported “misgendering.”
“SJSU caused significant harm to female athletes by allowing a male to compete on the women’s volleyball team—creating unfairness in competition, compromising safety, and denying women equal opportunities,” said Assistant Secretary for Civil Rights Kimberly Richey in a statement. “When female athletes spoke out, SJSU retaliated. This is unacceptable.”
As a result of the noncompliance finding, OCR issued a proposed resolution agreement requiring San José State to take corrective actions. These include adopting biology-based definitions of “male” and “female,” separating sports and intimate facilities by biological sex, restoring athletic records and titles to affected female athletes, and issuing individualized letters of apology to current and former players impacted by the violations.
OCR said the university may voluntarily enter into the agreement or face potential enforcement actions. Title IX prohibits sex-based discrimination in education programs and activities receiving federal financial assistance.
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