Federal Judge S. Kato Crews in Denver rejected the request to sideline an alleged trans gender volleyball player at San José State University (SJSU) and will allow the athlete to continue participating in the Mountain West Conference Tournament set to begin on Wednesday.
SJSU’s co-captain Brooke Slusser along with 10 additional athletes from other schools are arguing their Title IX rights are being violated by allowing Blair Fleming, the alleged trans gender player on SJSU, to be on the team. Players are arguing that Fleming poses as a safety risk and unfair.
SJSU had also racked up multiple wins when 5 universities opted to forfeit their games scheduled against SJSU due to safety concerns. Universities are requesting a recalculation of the standings.
After their loss in the district court, the plaintiffs are appealing to a higher court to try to keep SJSU, Fleming, in particular, out of the tournament.
Bill Bock, attorney for the female athletes said, “The mountain west’s policies dramatically harm women and we want to give the 10th circuit court of appeals the opportunity to intervene to stop these harms as quickly as possible.
Suspended associate head coach Melissa Batie-Smoose joined the players’ suit and said, “This ruling definitely is a little minor setback of course, but we’re here to fight the long fight. Allowing trans into our space as women, this will forever change women’s sports. We will not have women’s sports as we know it.”
SJSU said in a statement, they will “continue to support its student-athletes and reject discrimination in all forms.” The university still claims that all their athletes are eligible to participate under NCAA and conference rules. “We are gratified that the Court rejected an eleventh-hour attempt to change those rules. Our team looks forward to competing in the Mountain West volleyball tournament this week.”
USA Volleyball says testosterone must be suppressed for 12 months before competing and the NCAA hasn’t found any issues with SJSU.
By - FZ
