Washington, DC — Today, Concerned Women for America (CWA) filed a civil rights complaint to the U.S. Department of Education’s Office for Civil Rights against National Collegiate Athletic Association (NCAA) Division I member institution San Jose State University for refusing to protect the rights of female athletes under federal law. CWA made headlines when it filed a similar official complaint against the University of Pennsylvania in March 2022 when male swimmer Lia Thomas won a national championship in NCAA Division I women’s swimming.  This is the fourth of its kind filed by CWA. 

Penny Nance, CEO and President of Concerned Women for America, said, “The NCAA’s transgender policy has been a politically driven social experiment to promote the goals of trans activism, not athletes.  It has never been supported by science nor researched for its harm to female athletes. University athletic programs have an obligation to comply with Title IX.  That is why Concerned Women for America is filing another civil rights complaint, this time against San Jose State University, for willfully violating Title IX through the sexual harassment of its volleyball team.”

“Women’s sports must be for women only, “continued Nance. “The sexual exploitation of female athletes in their own sports must stop.” 

This week, SJSU team captain Brooke Slusser courageously spoke out in a legal filing about the hostile climate, safety risks, sexual harassment, and threats of retaliation she and her team have endured at SJSU, which rostered a biological male, Blaire Fleming in 2022. The male identity of Fleming, who is now a redshirt senior, was not disclosed to teammates or opposing teams by SJSU or the NCAA.  A news report made the situation public in April.

“The NCAA’s illegitimate policy stripping women athletes of rights to fairness, integrity, safety, and dignity in sport does not let SJSU off the hook for its obligations under Title IX,” commented Nance. 

In a recent letter to the Senate, NCAA President Charlie Baker made a claim that the NCAA’s transgender policy is “not mandatory.” That letter reads, in part,

“The NCAA’s transgender student-athlete participation policy is not mandatory, and federal, state and local laws supersede the Association’s policy. Schools may also choose to operate in a different way due to institutional values.” 

 “If the NCAA policy is ‘not mandatory’ as NCAA President Charlie Baker claims, why did dozens of Division I schools willfully participate in a policy that exploited Riley Gaines, Kylee Alons, and hundreds of other female champion swimmers, forcing them to undress in front of a nude male named Lia Thomas?” Nance emphasized.