Brooke Slusser spent two years sharing a bedroom, a bed, and her deepest secrets with a biological man – and nobody at San Jose State ever told her.
Now the school is suing the federal government to make sure no one is ever held accountable for it.
Linda McMahon just gave them ten days to reconsider – or lose every dollar of federal funding they have.
SJSU Title IX Finding: Fleming Chose the Roommate and Kress Never Asked Slusser
The federal investigation didn't just find that SJSU allowed a male athlete to compete on the women's team.
It found something worse.
Head coach Todd Kress – knowing Blaire Fleming was a biological male – asked Fleming who he wanted to room with on away trips.
Fleming chose Slusser.
Kress never asked Slusser.
The Department of Education's Office of Civil Rights concluded in January that the school violated Title IX – not just by letting Fleming play, but by punishing the women who complained about it.
When Slusser tried to speak up, SJSU filed a Title IX complaint against her for misgendering Fleming.
The federal government also found evidence that Fleming allegedly conspired with a Colorado State player to have Slusser spiked in the face during a match – and SJSU never investigated it.
The school's response to all of this?
Sue the Trump administration.
Linda McMahon Gives San Jose State 10 Days Before Federal Funding Cuts
SJSU President Cynthia Teniente-Matson announced the lawsuit on March 6, calling the federal investigation's findings not grounded in the facts or the law.
The California State University system – which oversees 23 campuses and roughly $130 million in federal financial aid flowing to SJSU students – joined the suit.
Their argument: SJSU followed Ninth Circuit precedent and Biden-era guidance when it allowed Fleming to compete from 2022 to 2024, so Trump can't punish them retroactively.
What the university left out of that argument: Brooke Slusser didn't ask for a legal briefing before moving into that apartment.
She was 18 years old and trusting her coach.
Slusser developed severe anorexia and sleep disorders after the scandal broke.
She lost her scholarship after dropping classes she couldn't complete.
Her family paid out of pocket for a full semester of tuition and housing while she went home to heal.
The school's response was to hit her with a Title IX complaint for talking about it.
Education Secretary Linda McMahon didn't blink.
On March 11 – five days after SJSU filed suit – McMahon posted a direct warning on X: the school had ten days to cease discriminatory practices or face consequences.
The official OCR letter declared the parties at an impasse and warned that enforcement action – including suspension or termination of federal funding and a referral to the Department of Justice – would follow if SJSU didn't come to the table.
SJSU's response was to point reporters to its website.
This is the same playbook blue-state institutions ran when they bet the Biden era would never end.
The University of Pennsylvania made the same calculation over trans swimmer Lia Thomas – and caved last summer only after the Trump administration suspended $175 million in federal funding.
SJSU is gambling a lawsuit holds the line long enough to outlast political will in Washington.
That bet looks worse every week.
Cal State Sues Trump While Brooke Slusser Is Still Waiting for an Apology
The SJSU story has always been about what institutions do when the interests of one favored group clash with the safety of women.
Every single time, SJSU chose Fleming.
When players raised safety concerns about practices – describing drills where they had to dodge Fleming's spikes rather than return them – the school ignored them.
When Slusser spoke publicly, the school punished her.
When the federal government found a violation and demanded accountability, the school sued.
And now, as Slusser is still rebuilding her life, the California State University system is in federal court arguing that everything was handled correctly.
Olympic gold and bronze medalist Kaillie Humphries – a California taxpayer who just gave Trump the first Order of Ikkos medal ever awarded to a sitting president – called the online attacks against Slusser what they are.
"I think it's atrocious to see somebody be attacked for feeling unsafe in their environment and speaking up about it," Humphries told Fox News Digital.
She added one more thing: Slusser can call her anytime.
Teniente-Matson has offered no such call.
Todd Kress has offered no apology.
The California State University system is spending public money in federal court to avoid doing either.
Sources:
- Jackson Thompson, "Olympic legend Kaillie Humphries speaks out against SJSU for volleyball scandal handling, backs Brooke Slusser," Fox News, March 13, 2026.
- Jackson Thompson, "McMahon warns SJSU of federal funding cuts in transgender volleyball case," Fox News, March 11, 2026.
- Jackson Thompson, "SJSU and CSU suing federal government over Title IX ruling involving transgender volleyball scandal," Fox News, March 7, 2026.
- David Hookstead, "Brooke Slusser Blasts SJSU Response To Title IX Ruling In Trans Volleyball Case," OutKick, March 11, 2026.
- Jackson Thompson, "Former SJSU star Brooke Slusser's family reacts after Trump admin determines school violated Title IX," Fox News, February 5, 2026.
- "San Jose State found in violation of Title IX for biological male on women's volleyball team," Washington Times, January 28, 2026.
