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The California State University (CSU) system’s board of trustees meeting Tuesday was shaken by a stampede of emotional residents and alumni reacting to a decision to sue the federal government.
CSU and San Jose State University announced Friday they are filing the lawsuit to challenge the U.S. Department of Education’s recent findings that SJSU violated Title IX in its handling of a transgender volleyball player from 2022-24.
Tuesday’s meeting turned into a war of words. Many speakers ignored instructions to address the board and instead addressed other speakers in the crowd.
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One woman, a CSU employee, said she showed up with the intention of discussing budget cuts but abandoned that plan to address “transphobia” by other speakers once she heard what they said.
“The fact that I have to get up here and have to say that trans women are women and that’s what I have to use my time to do is absurd. Shame on you. Shame on all of you,” she said.
The female employee then took aim at the “save women’s sports” speakers who spoke from the perspective of lesbian women.
“And shame on you for using lesbian politics as a front for your transphobia because this lesbian has had plenty of girlfriends with penises,” she said.
The moderator then instructed the speakers to “please make your comments to the board. That’s what we’re here to hear.”
But other speakers did not direct their comments to the board.
Prominent California “save women’s sports” activist Beth Bourne directed her comments at any transgender people listening.
“I want to speak to anyone who is listening who is transgender or nonbinary. You’ve been lied to,” Bourne said. “They’re making money off of your body. If you’re taking cross-sex hormones, you’re harming yourself. You’re permanently harming yourself. And just remember your mother and your father love you more than anyone in the world.”
The moderator then interrupted the next speaker to again remind those in attendance to direct comments to the board.
“I would remind everyone, speak to us please. Don’t speak to each other. Thank you,” he said.
Other speakers did direct their comments to the board.
An SJSU alumnus expressed her objection to the CSU and SJSU decision to defy the Department of Education’s mandate.
“I’m so disappointed that Cal State is no longer welcome to women. I’m here to support Title IX and state a basic truth: Males cannot become females,” she said. “Everyone understands this in sports.”
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A current student, who claimed to head a club at SJSU called “Trans Saga,” expressed support for the decision to sue the government.
“Our community has been angry, scared and tired. Today, I’m here to share my gratitude and support for the board of trustees’ decision,” the student said. “As a transgender student who is in his third year at SJSU, I’m asking you, please listen to us, and please keep protecting transgender students.”
Alison Foote, the treasurer for the Independent Council on Women’s Sports (ICONS), showed up to the meeting wearing an XX-XY Athletics shirt. She called the recent decision to sue “an embarrassment to the entire CSU system.”
“This is CSU-sanctioned sexual abuse of the women you are obligated to protect. Your internally inconsistent Title IX and DHR guidelines that prioritize gender identity over sex has created the hostile environment unfolding before you now, but most importantly for the 260,000 women enrolled on your campuses,” Foote said.
SJSU and CSU announced their lawsuit Friday after the Department of Education determined SJSU violated Title IX in its handling of a transgender volleyball player from 2022-24.
U.S. Education Secretary Linda McMahon responded on Wednesday, warning the institutions they have 10 days to change their tune or risk federal funding cuts and a referral to the U.S. Department of Justice.
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“Based on the recipient’s proactive refusal to voluntarily negotiate resolution of OCR’s concerns, OCR has determined that a voluntary agreement will not be reached and we are at impasse. OCR will issue a Letter of Impending Enforcement Action in 10 calendar days if a resolution agreement is not reached within that 10-day period,” a letter from McMahon said.
“Enforcement action may include the initiation of an administrative process set forth in 20 U.S.C. § 1681, et seq.; 34 C.F.R. Parts 100, 101, 106; and 20 U.S.C. § 1234, et seq. to suspend, terminate, or refuse to grant or to continue Federal funding — or other means authorized by law, including referral to the Department of Justice. This letter does not constitute final agency action.”
SJSU and CSU have since responded to Digital’s inquiry for a response to McMahon’s warning.
“We have shared numerous documents and resources on our website, which you can refer to, including all related legal documents, FAQ and our official statement. As this remains an ongoing legal matter, the CSU will not be commenting further at this time,” the response said.
SJSU President Cynthia Teniente-Matson disputes OCR’s findings.
“Because we believe OCR’s findings aren’t grounded in the facts or the law, SJSU and the CSU filed a lawsuit (March 6) 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,” Teniente-Matson said Friday.
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“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.”
Teniente-Matson affirmed the university’s commitment to defending the LGBTQ community in the announcement.
“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,” she said.
“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 conflict has been amplified by recent revelations by former SJSU co-captain Brooke Slusser, who revealed what it was like sharing an apartment with Fleming in a Digital interview Sunday.
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“You find out you’re just chilling in a bed with a man that you have no idea about. … I [was] unknowingly sharing a bed at that time with a man,” she said.
“It’s hard to process. I don’t even know if I can say I’ve fully processed it to this day. It’s just, you’re told something for so long, you think something for so long and you act very normally about a situation, and then come to find out it’s all a lie.”
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