OCR finds San Jose State in violation of Title IX; Cal State sues

OCR found SJSU violated Title IX by allowing transgender volleyball player Blaire Fleming to compete (2022-2024), and gave the university ten days to accept a resolution agreement requiring public adoption of "biology-based definitions" of sex, restoration of records, personalized apologies to female athletes, and an end to reliance on NCAA rules for compliance. On March 6, 2026 the CSU Board of Trustees sued ED under the APA (N.D. Cal. No. 5:26-cv-01970, Judge Eumi K. Lee), arguing the conduct was lawful under Ninth Circuit precedent and ED's own then-current interpretation when it occurred and that the new enforcement position was adopted without rulemaking.