A lawsuit filed Wednesday asks that a San Jose State University volleyball player be declared ineligible for the Mountain West Conference tournament, that SJSU's victories be voided and that the team be deemed ineligible for the Mountain West Conference tournament. conference due to claims that the volleyball player is transgender.
The lawsuit, filed in U.S. District Court in Colorado, names the Mountain West Conference and Commissioner Gloria Nevarez among the defendants.
The plaintiffs in the case, made up of SJSU co-captain Brooke Slusser and 10 other current or former Mountain West players and SJSU associate head coach Melissa Batie-Smoose, argue that their Title IX rights were violated due to the participation of a transgender person. athlete on the SJSU volleyball team. It also alleges that the plaintiffs' free speech rights were violated because they were discouraged from speaking out about their opposition to their participation.
William Bock, the plaintiffs' attorney, did not respond to a request for comment.
“We have not received the lawsuit,” San Jose State University said in a statement. “We obtained a copy of the 132-page document on Wednesday afternoon. We will not be commenting at this time.”
The Mountain West said in a statement that it could not comment on pending litigation.
“The Mountain West Conference prioritizes the best interests of our student-athletes and takes great care to comply with NCAA and MW policies,” the statement said. “While we cannot comment on pending litigation in this particular situation, we take all concerns about the well-being and equity of student-athletes seriously.”
The volleyball player has not discussed her identity and San Jose State has not commented on her identity due to federal privacy laws. ESPN is not naming the player.
SJSU has said all of its players are eligible to compete on its women's volleyball team. The NCAA's policy on transgender athlete participation allows transgender women to compete in women's sports if they meet parameters set by that sport's governing body. For volleyball, transgender women are considered eligible if they suppress their testosterone below 10 nmol/L.
Four Mountain West teams have lost to SJSU this season: Boise State (twice), Utah State, Nevada and Wyoming (twice). Mountain West policy says lost games count as wins for SJSU and losses for schools that refused to play.
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), State of Utah (9-5) and Boise State. (8-7). Wyoming (6-9) is in seventh place. The winner earns the conference's automatic bid to the NCAA Tournament.
Among the lawsuit's allegations are that SJSU coach Todd Kress gave the player in question preferential treatment, that the Mountain West changed its transgender athlete participation policy without following conference protocol, and that the conference encouraged an unsafe environment by allowing the athlete to play.
This is the second lawsuit Slusser has joined involving his current team. On September 23, she joined a lawsuit against the NCAA arising from her experience on the SJSU volleyball team. Batie-Smoose reportedly filed a Title IX complaint on Oct. 29 to officials at SJSU, the Mountain West and the NCAA.
SJSU plays Colorado State on Saturday.
