The SJSU and CSU response to the U.S. Department of Education

I am writing to let you know that we provided our response to the Proposed Resolution Agreement provided by the U.S. Department of Education, Office for Civil Rights (OCR). OCR asked that the University provide its response by today. OCR issued the Proposed Resolution Agreement after OCR issued its Letter of Findings, which concluded that SJSU violated Title IX during the 2022-2024 NCAA volleyball seasons. In the Letter of Findings, OCR threatens to initiate proceedings to terminate federal funding to the University should the University not agree to the Proposed Resolution Agreement.

The University takes very seriously its legal obligations under Title IX. The University has followed and continues to follow the law and vigorously disputes the conclusions that OCR reached in its Letter of Findings. Both the Letter of Findings and the terms of the Proposed Resolution Agreement are not consistent with the law. As such, we informed OCR that the University cannot and will not agree to the terms of the Proposed Resolution Agreement . And, in recognition that the University complied with the law, including during the 2022-2024 NCAA volleyball seasons, the University has also requested that OCR rescind its findings and close its investigation .

Because we believe OCR's findings aren't grounded in the facts or the law, SJSU and the CSU filed a lawsuit today against the federal government to challenge those findings and prevent the federal government from taking punitive action against the University, including the potential withholding of critical federal funding. This is not a step we take lightly. However, we have a responsibility to defend the integrity of our institution and the rule of law, while ensuring that every member of our community is treated fairly and in accordance with the law. Our position is simple: We have followed the law and cannot be punished for doing so. OCR has faulted us for following decisions from federal courts that bound SJSU; OCR has no authority to do that. We are asking the court to set aside OCR's Letter of Findings and Proposed Resolution Agreement and prevent the Department of Education from terminating, freezing, or refusing to grant SJSU's federal funding.

Our support for the LGBTQ members of our community, who have experienced threats and harms over the last several years remains unwavering. We know the attention the university has received around this issue and the investigative process that followed have been unsettling for many in our community. 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. We appreciate the campus entities that have provided support as well as time and space for people to express their feelings and experiences, and our engagements will continue.

I want to make this clear. All of our students, faculty and staff deserve to be treated fairly, with the rights and protections granted under federal and state law, including privacy rights, and to live and learn free from discrimination. We respect and value our LGBTQ community members, as we do all members of our community, and we are dedicated to fostering an inclusive, supportive environment that encourages full participation in all aspects of university life without fear of harm or exclusion. If you are experiencing harassment or discrimination on campus, we strongly encourage you to report it to our Office for Title IX and Equal Opportunity . We are here to help. Spartans take care of Spartans.

As this is an ongoing legal matter, we are unable to comment further. For additional information and resources, including a message from CSU Chancellor Mildred Garcia, please go to the CSU website .

San José State will continue to uphold the values that define us as an institution. We will always work to ensure the health, safety, and wellbeing of every member of our community and remain a place of learning, respect and opportunity for all.

Signed,

Dr. Cynthia Teniente-Matson
SJSU President