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A group of female college volleyball players and a suspended San Jose State University coach filed a lawsuit in Colorado federal court on Wednesday, seeking to bar a transgender athlete from competing. The lawsuit alleges that the Mountain West Conference and other entities discriminated against female athletes by allowing an outside hitter, Blaire Fleming, to remain on San Jose State University's (SJSU) women's volleyball roster.

Volleyball players sue Mountain West : Title IX Violation Claims

The plaintiffs, comprising 11 current and former female athletes from five Mountain West universities, along with Melissa Batie-Smoose, the suspended associate head coach of SJSU's women's volleyball team, filed a 129-page, 12-count complaint. They argue that the conference, SJSU, and other associated parties violated Title IX requirements by permitting Fleming to compete on the women's team.

According to the complaint, Fleming, who they claim "is male," should not be eligible to participate in women’s sports. The plaintiffs are seeking both preliminary and permanent injunctions to prevent SJSU from allowing Fleming to compete in the upcoming Mountain West Conference (MWC) volleyball championship set to take place in Las Vegas later this month.

Allegations of Discrimination and Free Speech Suppression

The lawsuit accuses the Mountain West Conference, SJSU, and other universities of engaging in a "purposeful and illegal assault on the rights of women athletes" by upholding the NCAA's Transgender Eligibility Policies (TEP). These policies, the plaintiffs argue, are flawed due to reliance on "unreliable testosterone suppression" methods and are currently under legal scrutiny in a separate proposed class action led by former University of Kentucky swimmer Riley Gaines.

Batie-Smoose and the athletes contend that as a recipient of federal funds, the Mountain West Conference is bound by Title IX and cannot enforce rules that they claim violate the civil rights law designed to ensure equal athletic opportunities for women.

The lawsuit also alleges that the conference and SJSU have actively suppressed the free speech of players and coaches who oppose Fleming's inclusion on the team. The plaintiffs assert that players were discouraged from expressing concerns about competing against Fleming, with threats of disciplinary actions like scholarship loss.

Volleyball players sue Mountain West : Backlash Against SJSU’s Policy

The controversy escalated when SJSU officials allegedly instructed team members not to discuss Fleming's gender identity outside the team, emphasizing that it was "Blaire's story to tell." According to the suit, Utah State University player Kaylie Ray and teammates expressed discomfort about competing against Fleming, especially after Southern Utah University and Boise State University reportedly canceled matches with SJSU.

Ray allegedly faced backlash from her coach for posting a social media photo wearing a "BOYcott" shirt in protest of Fleming’s participation, with the coach calling her actions "selfish." Additionally, SJSU athlete Brooke Slusser, another plaintiff, claims she was targeted for retaliation after raising Title IX concerns, allegedly leading to her ostracism by SJSU's head coach Todd Kress.

Request for Injunction and Broader Impact

The lawsuit demands that the Mountain West Conference refrain from penalizing teams that choose to forfeit matches against SJSU due to Fleming's participation. Furthermore, the plaintiffs are asking the court to rule Fleming as an "ineligible student-athlete" and prevent his participation in future women’s volleyball events under MWC.

The Independent Council on Women's Sports (ICON) has publicly supported the lawsuit. ICON Co-founder Marshi Smith criticized the MWC and SJSU, stating, "The disregard for the fairness and safety of female athletes is unacceptable."

Responses and Legal Representation

San Jose State University and Mountain West Conference have both refrained from commenting on the pending litigation. SJSU noted that it had not been officially served with the lawsuit but had obtained a copy of the complaint late Wednesday. A spokesperson for Mountain West emphasized their commitment to student-athlete welfare, noting adherence to NCAA and conference policies.

The athletes and Batie-Smoose are represented by William Bock III and Justin R. Olson of Kroger Gardis & Regas LLP. Information on legal counsel for the defendants was not immediately available.

The case highlights ongoing national debates around transgender athletes' participation in women's sports, with legal challenges increasingly focusing on Title IX implications.