The U.S. Education Department has taken action against a series of schools and states, including Hawai‘i.

WASHINGTON (AP) — The Trump administration has concluded that San Jose State University discriminated against women by letting a transgender athlete play on the women’s volleyball team, the U.S. Education Department said Wednesday.

The department offered San Jose State a deal that would resolve the case. The university, located in California, would have to accept the administration’s definition of “male” and “female,” restore titles and records that Trump officials say were “misappropriated by male athletes,” and issue an apology to female athletes.

A statement from the university said officials are reviewing the proposal and “remain committed to providing a safe, respectful, and inclusive educational environment for all students while complying with applicable laws and regulations.”

The Education Department has taken action against a series of states, schools and colleges that allow transgender athletes, something President Donald Trump has promised to end. If San Jose State rejects the proposed deal, it could face a Justice Department lawsuit and risk losing federal funding.

BOE Board of Education and the Department of Human Services among other offices are housed in the Queen Liliuokalani Building.
The Hawaiʻi Department of Education is one of 18 school districts across the country being investigated for allowing transgender athletes to participate in school sports. (Cory Lum/Civil Beat/2022)

Earlier this month, the Trump administration announced the Hawaiʻi education department was under a Title IX investigation for allowing transgender students to participate in sports based on their gender identity. Hawaiʻi public schools currently allow transgender students to join sports teams of their choice. The Hawaiʻi High School Athletic Association has previously estimated that fewer than 10 transgender athletes participate in sports every year.

Roughly 11% of funding for the Hawaiʻi education department comes from the federal government.

Emily Hills, a senior staff attorney at the ACLU of Hawaiʻi, said it’s still unclear what the San Jose State deal means for Hawaiʻi and the state’s ongoing Title IX investigation. A key difference is that the Title IX investigation at San Jose State dealt with college athletics, whereas the current investigation into the Hawaiʻi education department looks at K-12 sports, she said.

“This is a very nuanced issue, and there are a lot of different factors that go into how a student performs in sports,” she said. “I think that whether or not a situation is fair depends on so many other factors.”

Hawaiʻi law prevents schools from discriminating against students based on their gender identity, said Michael Golojuch Jr., vice chair of the Hawaiʻi State LGBTQ+ Commission. If Hawaiʻi faces a similar deal to San Jose State, Golojuch said, he hopes state leaders reject the proposal or any policy changes.

“If we cave here, what are we going to cave on next?” he said.

The investigation into San Jose State was opened in February alongside a similar one at the University of Pennsylvania. Penn later agreed to a deal similar to the one being offered to San Jose State, modifying school records set by transgender swimmer Lia Thomas and apologizing to other athletes on the swim team.

Department officials said San Jose State violated Title IX, a 1972 gender equity law, by allowing a transgender athlete on the team and for allegedly retaliating against players who condemned the decision.

“We will not relent until SJSU is held to account for these abuses and commits to upholding Title IX to protect future athletes from the same indignities,” Kimberly Richey, assistant secretary for civil rights at the Education Department, said in a statement.

San Jose State’s volleyball team attracted national attention after nine student athletes in the Mountain West Conference athletic conference filed a lawsuit challenging the league’s policies allowing transgender athletes to compete. The players argued that it’s unfair and poses a safety risk.

Several teams refused to play against San Jose State, earning losses.

San Jose State has not confirmed that its volleyball team had a transgender player.

As part of the deal proposed by the administration, San Jose State would have to send a personalized apology to every woman who played on the women’s indoor volleyball team from 2022 through 2024 and on the 2023 beach volleyball team, and to any woman who forfeited rather than play San Jose State.

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