Kamal Ghorui
The US Department of Education’s Office for Civil Rights (OCR) has ruled that San José State University (SJSU) violated Title IX, a federal law that prohibits sex-based discrimination in education programs receiving federal funding. The finding relates to the university’s policies allowing a male student to compete in women’s sports and access female-only facilities.According to OCR, these policies denied female athletes equal educational opportunities, affected fair competition, and raised safety and privacy concerns.
Investigation began in February 2025
The OCR opened a targeted investigation of SJSU in February 2025 in response to allegations that SJSU permitted a male student to play on its women’s indoor volleyball team. Allegations also included that SJSU retaliated against female students and an assistant coach who disagreed with SJSU’s gender identity policies.The investigation looked at the athletics policies of SJSU, the manner in which SJSU addressed Title IX complaints, and how SJSU responded to concerns expressed by female athletes.
Findings: Unfair advantage, safety risks, and retaliation
The OCR determined that since 2022, SJSU recruited and permitted a male athlete to participate in women’s indoor and beach volleyball games. The university allegedly told coaching staff not to tell female players that the athlete was a male.As a result, female athletes reportedly shared locker rooms and hotel accommodations with the male athlete without being informed of his biological sex. OCR cited this as a violation of female athletes’ privacy.The department also noted safety concerns, stating that the male athlete’s participation gave SJSU an unfair physical advantage. In multiple matches, spikes from the male athlete reportedly knocked female players on opposing teams to the ground. During one season, seven women’s teams from other universities forfeited matches rather than compete against SJSU.
Mishandling of Title IX complaints
OCR found that SJSU failed to promptly and fairly investigate Title IX complaints filed by female athletes about the male athlete’s participation. The university was also found to have taken actions that discouraged women from using the Title IX process.In one case, a female volleyball player who joined a Title IX lawsuit against the National Collegiate Athletic Association (NCAA) later faced a Title IX complaint herself. This followed her public comments about an alleged on-court incident involving the male athlete. OCR stated that SJSU did not investigate her original safety concerns but pursued action against her instead.
Proposed resolution and required actions
Following the noncompliance finding, OCR issued a proposed Resolution Agreement to SJSU. The agreement requires the university to:
- Publicly adopt biology-based definitions of “male” and “female”
- Separate sports teams and intimate facilities based on biological sex
- Stop delegating Title IX compliance to external organisations
- Restore athletic records and titles to affected female athletes
- Issue personalised apology letters to female athletes impacted between 2022 and 2024
If accepted, the agreement would require SJSU to formally change its policies to comply with Title IX.
About Title IX
Title IX of the Education Amendments of 1972 bars sex-based discrimination in education programs that receive federal funding, including athletics. Institutions found in violation can face enforcement actions if they fail to comply.
