By Holt Hackney
The U.S. Department of Education’s Office for Civil Rights has concluded that San José State University violated Title IX by allowing a biologically male athlete to compete on women’s volleyball teams and by failing to properly respond to complaints from female athletes, according to findings released Jan. 28.
The determination follows a directed investigation launched by federal officials in February 2025 amid allegations involving the university’s handling of gender-identity policies, women’s athletics and retaliation claims. While the findings are sharply critical, the case also places San José State at the center of an evolving national debate over how colleges reconcile federal civil rights law, athletic competition and rapidly shifting guidance on gender identity.
OCR found that San José State’s policies denied women equal educational opportunities by permitting a male athlete to compete on the women’s indoor and beach volleyball teams beginning in 2022 and by allowing access to women-only locker rooms and shared hotel accommodations. The agency also concluded the university failed to promptly and equitably investigate Title IX complaints raised by female athletes and took actions that discouraged participation in the Title IX process.
“SJSU caused significant harm to female athletes by allowing a male to compete on the women’s volleyball team,” Assistant Secretary for Civil Rights Kimberly Richey said in a statement. She cited concerns about competitive fairness, safety and the alleged retaliation against athletes who objected to the university’s policies.
San José State officials have not publicly responded in detail to the findings but have previously maintained that the university sought to comply in good faith with existing guidance and policies governing gender identity and inclusion in athletics. Like many public universities, SJSU operates within a regulatory environment shaped not only by Title IX, but also by NCAA rules, state law and prior federal interpretations that emphasized protections for transgender students.
OCR’s investigation found that SJSU actively recruited the athlete and instructed members of the coaching staff not to disclose the athlete’s sex to female players. According to the findings, team members shared locker rooms and hotel rooms with the athlete without knowing the athlete was male, raising privacy concerns under Title IX.
Federal officials also pointed to competitive and safety issues, noting that opposing teams forfeited seven matches rather than compete against San José State while the athlete was on the roster. OCR cited incidents in which the athlete’s spikes allegedly knocked opposing players to the ground.
Beyond athletics participation, OCR concluded that the university mishandled formal complaints. Female athletes who filed Title IX complaints about the athlete’s participation said the university did not investigate them promptly or equitably. In one instance, OCR said, a female athlete later faced a Title IX complaint herself after she allegedly “misgendered” the athlete in public statements, while the university declined to investigate her allegation that the athlete had conspired to have her injured during a match.
The Education Department emphasized that Title IX requires schools receiving federal funding to protect students from sex-based discrimination and retaliation. OCR concluded that San José State’s actions had a chilling effect on female athletes’ willingness to raise concerns.
As part of the noncompliance finding, OCR issued a proposed resolution agreement offering San José State the opportunity to voluntarily resolve the violations. The agreement would require the university to adopt biology-based definitions of “male” and “female,” separate sports and intimate facilities by biological sex, and refrain from delegating Title IX obligations to outside entities such as athletic associations.
The proposed agreement also mandates restorative measures, including reinstating athletic records and titles lost to male competitors, issuing personalized apologies to affected athletes, and sending letters of apology to women who played on the volleyball teams between 2022 and 2024, as well as to teams that forfeited competitions.
While OCR’s demands are sweeping, the case reflects broader uncertainty universities face as federal policy on sex and gender continues to shift. San José State’s actions occurred during a period when institutions were navigating competing legal interpretations and guidance that, at times, emphasized gender identity protections as part of Title IX compliance.
Higher education experts note that many universities adopted inclusive policies in an effort to avoid discrimination claims, even as courts and regulators continued to debate how Title IX applies in athletics. OCR’s current interpretation marks a significant departure from those earlier approaches and places institutions like SJSU in a difficult retrospective position.
The university now faces a decision whether to accept the resolution agreement or risk enforcement proceedings that could ultimately jeopardize federal funding. OCR said it prefers voluntary compliance but will pursue enforcement if necessary.
The findings against San José State are among the most detailed and consequential Title IX rulings involving transgender participation in college sports to date, signaling a more aggressive enforcement posture by federal regulators.
As colleges nationwide watch closely, the case underscores the legal and practical challenges institutions face when balancing inclusion, athlete safety and longstanding sex-based protections under federal law — often while guidance continues to evolve after policies have already been implemented.
