San José State CFA Speaks out after Federal Government’s Transphobic Demands

San José State University (SJSU) CFA members and students are calling on the university to not capitulate to the Trump administration’s latest attack against transgender athletes and transgender rights. 

The U.S. Department of Education (DOE) on January 28 transphobically claimed it found that SJSU violated Title IX by allowing transgender women to compete in women’s sports and use women’s facilities. Title IX protects people from discrimination based on sex in education programs or activities that receive financial assistance from the federal government. The U.S. Supreme Court has ruled that Title VII of the Civil Rights Act of 1964 applies to LGBTQ people and lower courts have used this to rule on Title IX-related challenges to LGBTQ people.  

“Ever-present fear is reflective of the transgender experience, when your body— and existence— is seen not as human, but as propaganda,”

– Oli Harter, SQE intern at SJSU

CFA members and student activists know the DOE’s finding and demands are part of an effort to invalidate and dehumanize transgender people. The CFA San José Executive Board issued a statement responding to the DOE’s claims and requirements. 

“Our campus chapter is gravely concerned about the negative impacts for trans and gender non-conforming students, faculty, and staff if SJSU’s administration agrees to make sweeping, simplistic, and unscientific pronouncements defining sex and gender as dictated by the Trump administration,” the board’s statement said. “We stand on the non-discrimination and health and safety protections in our collective bargaining agreement as well as California state law to hold the administration accountable for any decision that would affect working and learning conditions, academic freedom, and safety on our campus.”  

The DOE said SJSU could resolve the alleged violations by doing the following:   

• Issue a statement to the SJSU community adopting the Trump administration’s definition of male and female and falsely say that sex is unchangeable   

• Separate sports and “intimate facilities” based on sex   

• Not contract with anyone who discriminates on the basis of sex  

• Send an apology to the university’s female volleyball players between 2022 and 2024 and to any women on teams that forfeited to SJSU rather than compete  

Oli Harter, a Students for Quality Education (SQE) intern at SJSU, said when reading the DOE’s demands, his mind switched between waves of anger, sadness, and fear.   

“Ever-present fear is reflective of the transgender experience, when your body— and existence— is seen not as human, but as propaganda,” Harter said. “As a transgender leader on campus, it has become my job to channel the loss, anger, and fear my community is feeling into action. Our community is working on multiple fronts to combat the federal government’s demands, including targeted email campaigns to CSU administration and state politicians, alongside building pressure on campus via protests. We are demanding the SJSU administration make a vocal and visible statement of support for transgender students, loudly denouncing the DOE’s demands in an act of non-compliance.”  

Harter added he is proud of his transgender community and allies who are fighting back.  

CFA members and students will hold the SJSU and overall CSU administration accountable to their duty to protect transgender community members.