Lawsuit Filed Against Mountain West Conference and San Jose State University for Title IX Violations

The 132-page lawsuit alleges Title IX and First Amendment violations resulting from the addition of San Jose Spartans member Blaire Fleming, a male who identifies as female. Fleming has been on the team since 2022.

The plaintiffs include San Jose State co-captain Brooke Slusser, now-suspended assistant coach Melissa Batie-Smoose, two former Spartans, and volleyball players from four other universities that compete in the Mountain West Conference.

“This lawsuit sends a clear message: universities will face consequences for placing female athletes in harmful and unlawful situations. We won’t ignore the differences between males and females, and we won’t be silenced. I’m grateful to take this fight to court.” Slusser said in a statement.

The suit, filed in the U.S. District Court of Colorado, seeks emergency injunctive relief, also known as a temporary restraining order. It requests that SJSU officials be prohibited from suppressing their women’s volleyball players’ freedom of speech and protest, acknowledgment of Title IX violations, and a “declaration that any male student-athlete is ineligible to compete in women’s volleyball,” among others.

“The NCAA [National Collegiate Athletic Association] is failing us. The Mountain West Conference is failing us,” said Sia Liilii, University of Nevada Reno captain and a lawsuit plaintiff. “We need leaders who will take responsibility and treat female athletes with dignity and respect.”

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Kaylie Ray, Utah State University’s captain and another plaintiff, said: “Being a woman in sports has shaped my life, and I will do everything to protect this opportunity for other girls and women.”

The lawsuit argues that SJSU and ​​Mountain West Conference encouraged their officials and coaches to “suppress any dissent from women’s volleyball players” regarding eligibility rules in the Conference and NCAA.

According to the suit, Slusser had received, in addition to speech restrictions, threats and an alleged attempt to “physically injure” her during a game her team played on Oct. 3 against Colorado State University.

According to the lawsuit, the night before that match, Fleming and two teammates snuck out of the hotel where the SJSU team was staying and met with Malaya Jones from the Colorado team.

The students allegedly discussed a game plan in which Fleming would “throw the game” and not block hits from Jones aimed at Slusser.

Batie-Smoose and head coach Todd Kress learned this information after the game when a student who accompanied Fleming the night of the meeting later confessed to the coaches, based on the lawsuit.

“Fairness and safety cannot exist when male athletes are allowed to compete against women. These brave young women deserve a safe environment and solid support. I couldn’t stay silent for another day,” Batie-Smoose said.

Slusser, who joined the team after transferring to SJSU in 2023, said on EpochTV’s “Bay Area Innovators” show that she did not know Fleming was male when she first joined but did notice strength differences on the court. She also mentioned that Fleming shared the same locker room as the female players but never changed with them.

“If that’s what made that person comfortable, no one was going to make fun of them for that or question that. But then, after everything came out, it made sense,” Slusser said.

She, along with her teammates and coaches, found out when news articles emerged alleging that SJSU had a transgender player.

A spokesperson for Mountain West told The Epoch Times in an email Thursday: “The Mountain West Conference prioritizes the best interests of our student-athletes and takes great care to adhere to NCAA and MW policies. 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.”

She was reportedly handed a letter of suspension effective immediately, forced to give up her school ID and keys, told she could pick up her personal belongings from her office at a later date, and warned not to talk to the media or players.

The suit alleges that the suspension was “in retaliation for Batie-Smoose filing her own Title IX Complaint and Request for Investigation” following the October match.

It added that Kress, the head coach, and Batie-Smoose were both aware of the conversations between the players, with Kress believing the comments were made as a “joke.”

A spokesperson for SJSU told The Epoch Times in an email on Thursday: “We have not been served with the lawsuit. We obtained a copy of the 132-page document late Wednesday afternoon. We will not comment at this time.”

While none of the teams cited Fleming as the reason for forfeiting, some schools have raised fairness and safety concerns.

The schools that have forfeited games against SJSU this season include the University of Nevada-Reno, Boise State University, University of Wyoming, and Utah State University.

The Wyoming Cowgirls’ game will be recorded as a loss. They are ranked seventh in the Conference with a 6–9 record so far.

There are 11 schools in the Mountain West Conference.

The 2024 season is coming to an end soon, as the Mountain West Conference volleyball championship is set for Nov. 27-30 in Las Vegas.