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.
