A lawsuit filed this week against the Mountain West Conference asks for a San Jose State University volleyball player to be declared ineligible for the MWC tournament, SJSU's wins to be vacated and the entire team to be deemed ineligible for the tournament based on assertions that the player is transgender.
As reported by ESPN, the lawsuit was filed Wednesday in U.S. District Court in Colorado and lists the Mountain West Conference, which is based in Colorado Springs, and commissioner Gloria Nevarez among the defendants.
The plaintiffs in the case — SJSU co-captain Brooke Slusser and 10 other current or former Mountain West players, as well as indefinitely suspended SJSU associate head coach Melissa Batie-Smoose — argue they had their Title IX rights violated due to the participation of a transgender athlete on the SJSU volleyball team. It also alleges that the plaintiffs' free speech rights were infringed upon because they were discouraged from speaking about their opposition to her participation, ESPN's Katie Barnes reported.
"We have not been served with the lawsuit," San Jose State University said in a statement. "We obtained a copy of the 132-page document late Wednesday afternoon. We will not comment at this time."
The Mountain West said in a statement it could not comment on pending litigation. "The Mountain West Conference prioritizes the best interests of our student-athletes and takes great care to adhere to NCAA and MW policies," its statement said, as reported by Barnes. "While we are unable to comment on the pending litigation of this particular situation, we take seriously all concerns of student-athlete welfare and fairness."
The volleyball player has not spoken about her identity, and San Jose State has not commented on her identity due to federal privacy laws. ESPN did not name the player, but AB Today coverage of the ongoing controversy has identified her as Blaire Fleming. who the school lists as a redshirt senior outside hitter.
SJSU has said that all of its players are eligible to compete on its women's volleyball team, according to ESPN. The NCAA policy on transgender athlete participation allows transgender women to compete in women's sports if they meet the parameters set by that sport's governing body. According to USA Volleyball, transgender women are deemed eligible if they suppress their testosterone under 10 nmol/L.
Four Mountain West teams have forfeited matches against SJSU this season, including two matches each by Boise State and Wyoming. Mountain West policy says that the forfeited games count as wins for SJSU and losses for schools that declined to play, ESPN's Barnes reported.
The top six teams qualify for the Mountain West Conference tournament, which is scheduled for Nov. 27-30 in Las Vegas. Colorado State (12-2) is in first place, followed by San Jose State (11-5), San Diego State (9-5), Fresno State (9-5), Utah State (9-5) and Boise State (8-7). Wyoming (6-9) is in seventh place. The winner gets the conference's automatic bid to the NCAA tournament.
Among the allegations in the lawsuit, as reported by ESPN, are that SJSU coach Todd Kress gave the player in question preferential treatment, that the Mountain West amended its transgender athlete participation policy without following conference protocol and that the conference fostered an unsafe environment by allowing the athlete to play.
On Sept. 23, Slusser joined a separate lawsuit against the NCAA that stems from her experience on the SJSU volleyball team. Batie-Smoose reportedly submitted a Title IX complaint Oct. 29 to officials at SJSU, the Mountain West and to the NCAA, Barnes reported.
