ICONS welcomes U.S. District Judge Kato Crews’ ruling that Title IX claims against San José State University may proceed and that the basis for his earlier denial of preliminary injunctive relief, which relied on Bostock, may be called into question by the United States Supreme Court’s forthcoming decision in the B.P.J. case. That acknowledgment is significant.
This case continues to move forward, and we are encouraged that further guidance from the Supreme Court may provide additional clarity and momentum to the Plaintiffs’ claims that San José State University violated Title IX by permitting a male athlete to compete on the SJSU women’s volleyball team.
Finally, ICONS and the female athletes it supports respectfully disagree with Judge Crews’ conclusion that the Mountain West Conference is not subject to Title IX. Universities covered by Title IX cannot evade their obligations by acting collectively through an athletic conference. Institutions should not be permitted to do together what they are prohibited from doing individually. We look forward to challenging this aspect of the district court’s ruling on appeal.
ICONS posted this statement on X on March 4, 2026. See the original post.
