Campus conflict exposed at the core of SJSU's messy fight vs Trump admin over volleyball scandal

San Jose State University, California State University System Sue Federal Government Over Title IX Investigation
San Jose State University and the entire California State University system have filed a lawsuit challenging a U.S. Department of Education investigation that found the university violated Title IX in its handling of a women's volleyball program controversy that has drawn national attention and sparked fierce debate over transgender athletes in women's sports.
The lawsuit, announced March 6, 2026, by SJSU President Cynthia Teniente-Matson, seeks to vacate findings from a nearly year-long federal investigation and could set a national precedent for how public universities navigate Title IX requirements regarding transgender athletes.
"Our support for LGBTQ members of our community, who have experienced threats and harms over the last several years remains unwavering," Teniente-Matson wrote in announcing the legal action. "We've heard the fear and anxiety that it has created and recognize that waiting for the university's response has been difficult at a time already filled with uncertainty."
The legal battle stems from a 2024 volleyball scandal involving player Blaire Fleming and teammate Brooke Slusser, along with head coach Todd Kress. The controversy intensified when Slusser and former associate head coach Melissa Batie-Smoose filed their own separate lawsuits against the institutions.
On January 28, 2026, the Department of Education announced it had determined SJSU violated Title IX. The department gave the university an ultimatum to agree to a resolution that would have included an apology to players and changes to official program records, though no monetary fines were proposed.
A month before that announcement, a donor emailed San Jose State requesting removal from the Tower Foundation donor list in protest of the university's handling of the situation. The donor's identity was redacted in response to a public records request.
"Judy, please remove me from your list," the donor wrote to Vice President of University Advancement Judy Nagai. "I am totally against trans athletes playing in women's sports. I am fine with trans people but the women who work so hard to advance their careers in athletics are getting robbed of their chances to rank and be recognized. A separate trans program is fine for me and makes sense. Title IX, in my view was to advance and protect women."
The university responded with a statement affirming its commitment to legal obligations under Title IX.
University administrators subsequently received guidance on how to handle concerns from alumni, volunteers, and donors about the controversy. Nagai instructed staff to direct all inquiries to Associate Vice President of Strategy & Campaigns Manaf Mansure "so he can track and assess an appropriate response with guidance from UMC and university leadership."
"This includes all forms of communication—phone calls, emails, texts and mobile messages and in-person conversations," Nagai wrote.
On February 26, the university held a town hall meeting in its engineering building to discuss SJSU's response to the Trump administration's resolution proposal. The event, titled "Trans Gender Rights Town Hall with SJSU Administration" in bold capital letters on invitations, drew a standing-room crowd of pro-trans activists.
Teniente-Matson was listed as a featured attendee but did not appear. Only two administrators were present at the meeting, which was recorded by participants.
One by one, activists approached a lectern to deliver impassioned demands that the administrators relay to university leadership. Speakers repeatedly criticized the president's absence.
"We're doing our best. We're doing what we can with the cards we've been given," one speaker mimicked, then responded: "Bullshit. No. Your best isn't fucking adequate. People are harmed. People are scared."
Another activist declared the university must refuse to capitulate to what she called "violent transphobic demands" from the administration.
"We're talking about people's human rights. We're talking about enforcing segregation on our campus," she said. "That's not something we can capitulate to. That's not something negotiable."
One speaker expressed satisfaction that the meeting was being recorded. "So it can be sent to Cynthia later," she explained.
The activists' frustration extended beyond the university. "Go to the CSU and say, 'We will not capitulate to violent transphobic demands or any other oppressive demands that come from this heinous, heinous current administration,'" another demanded.
Faculty members also weighed in. One professor wrote to Teniente-Matson following the town hall: "I attended the town hall and heard the students' anxiety and pain. Thank you for showing the nation how to fight with dignity."
Another employee sent an email raising different concerns, which was flagged to administrators. "It's worth noting that the university's communications don't directly address concerns about fairness and privacy for women," the message stated. "It's easy to see how the messaging might come across as ambiguous or even dismissive of women's rights for some, especially given the strong emphasis on inclusivity for LGBTQ students."
Meanwhile, separate allegations have surfaced against volleyball coach Todd Kress. A former player from his time at Fairfield University sent a letter to SJSU in October 2024—near the height of the national controversy—alleging Kress attacked her in a hotel room in 1998.
"SJSU has known I feared for the safety of the women in the program since October of 2024 and yet they have allowed Todd to continue to coach and travel with the team," the former player told Fox News Digital on the condition of anonymity. "I informed both Fairfield and SJSU of my 1998 encounter with Todd after reading accounts of young women on the 2024 SJSU team describing his intimidation, coercive, and manipulative behaviors."
The university has not publicly addressed these allegations.
University Risk Manager Karen Vogler addressed potential legal exposure in a January 28 email to a finance colleague. "It doesn't appear that SJSU will face any fines or monetary penalties as a result of the U.S. Department of Education's investigation," Vogler wrote. "However, claims/litigation may increase given their findings that the Title IX violation goes back to 2022."
On March 27, CSU and the federal government filed a joint proposed order that would prevent the Department of Education from using its findings to immediately disrupt federal funding to the university.
The broader legal landscape shifted in March when the Supreme Court unanimously ruled that federal Title IX law does not prohibit states from maintaining separate sports teams for biological females or excluding transgender girls and women from women's sports teams. That ruling could strengthen Slusser's ongoing lawsuit against SJSU and CSU, though it does not guarantee she'll survive pending motions to dismiss.
Batie-Smoose's wrongful termination lawsuit against SJSU is scheduled for oral arguments August 21.


