San Jose States transgender volleyball controversy spirals with bombshell lawsuit
Current and former San Jose State women’s volleyball players are part of a 12-person lawsuit filed against the Mountain West and commissioner Gloria Nevarez alleging Title IX and First Amendment violations amid the controversy surrounding transgender Blaire Fleming’s roster status, per OutKick.The lawsuit includes Spartans senior Brooke Slusser, suspended assistant coach Melissa Batie-Smooth and players from four other Mountain West schools which have forfeited games against San Jose State.It claims the Mountain West instituted its Transgender Participation Policy to “chill and suppress the free speech rights of women athletes,” according to the lawsuit posted by Outkick.It also aims to ban Fleming and San Jose State from participating in the conference tournament.The Independent Council on Women’s Sports reportedly is funding the lawsuit, which was filed in the U.S.District Court for Colorado, according to the Las Vegas Review-Journal.“The NCAA, Mountain West Conference, and college athletic directors around the country are failing women,” attorney Bill Bock, who is representing the plaintiffs, told Outkick.“Because the administrators don’t have the courage to do their jobs, we have to ask the federal courts to do their jobs for them.”San Jose State has been embroiled in controversy this season due to Fleming’s status on the roster.Fleming, a redshirt senior from Virginia, is in her third season with San Jose State after transferring from Costal Carolina.Opposing teams have forfeited games, with the school’s website listing wins via “no contest” against Boise State (Sept.
28), Wyoming (Oct.5, Nov.
14), Utah State (Oct.23) and Nevada (Oct.
26).This lawsuit calls for emergency injunctive relief before the Mountain West tournament begins Nov.27.It ask for the “enjoining” of both the conference and San Jose State from allowing Fleming to play in the tournament, along with disqualifying San Joe State from the bracket.The lawsuit also ...