Cases & Developments

The California State University System (CSU) sued the Department of Education challenging its January 2026 determination that San Jose State University (SJSU) violated Title IX when it allowed a transgender athlete to compete on the women’s volleyball team from 2022-2024. After reviewing the joint stipulation from the parties, the court entered an order setting out how the case will be managed going forward. The order stipulates that within two business days of any determination by the Department that it intends to withhold funds or take other action against SJSU or CSU, the parties will provide the court with a proposed briefing and hearing schedule. CSU agrees to maintain existing policies and not treat the stipulation as a concession on the merits. The order protects CSU from immediate enforcement consequences, particularly the risk to federal funding, while allowing the court to later resolve CSU’s claims that the Department’s actions were unlawful, retroactive, and constitutionally impermissible.

Complaint for Declaratory and Injunctive Relief. Plaintiff, the California State University System, sued the Department of Education challenging its January 2026 determination that San Jose State University (SJSU) violated Title IX when it allowed a transgender athlete to compete on the women’s volleyball team from 2022-24. The complaint alleges that SJSU could not lawfully exclude a transgender athlete under Ninth Circuit precedent, NCAA rules, and federal guidance, and maintains that the Department’s findings improperly attempt to retroactively impose Title IX obligations based on a later policy shift. The complaint further alleges that the proposed resolution agreement violates both the Spending Clause and the First Amendment by conditioning federal funding on the university sending personal apologies to female athletes and agreeing to amend its policies. Plaintiff has asked the court to vacate the Department’s findings and enjoin it from (1) terminating, freezing, blocking, or refusing federal funding to SJSU; and (2) enforcing the proposed resolution agreement.