Lawsuit filed vs. MW over SJSU volleyball player

A lawsuit filed Wednesday asks for a San Jose State University volleyball player to be declared ineligible for the Mountain West Conference tournament, SJSU’s wins to be vacated and the team to be deemed ineligible for the conference tournament because of assertions that the volleyball player is transgender.

The lawsuit, filed in U.S. District Court in Colorado, lists the Mountain West Conference and commissioner Gloria Nevarez among the defendants.

The plaintiffs in the case — comprised of SJSU co-captain Brooke Slusser and 10 other current or former Mountain West players and SJSU associate head coach Melissa Batie-Smoose — argue they had their Title IX rights violated due to the participation of a transgender athlete on the SJSU volleyball team. It also alleges that the plaintiffs’ free speech rights were infringed upon because they were discouraged from speaking about their opposition to her participation.

William Bock, the plaintiffs’ attorney, did not return a request for comment.

“We have not been served with the lawsuit,” San Jose State University said in a statement. “We obtained a copy of the 132-page document late Wednesday afternoon. We will not comment at this time.”

The Mountain West said in a statement it could not comment on pending litigation.

“The Mountain West Conference prioritizes the best interests of our student-athletes and takes great care to adhere to NCAA and MW policies,” the statement said. “While we are unable to comment on the pending litigation of this particular situation, we take seriously all concerns of student-athlete welfare and fairness.”

The volleyball player has not spoken about 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 that all of its players are eligible to compete on its women’s volleyball team. The NCAA policy on transgender athlete participation allows transgender women to compete in women’s sports if they meet the parameters set by that sport’s governing body. For volleyball, transgender women are deemed eligible if they suppress their testosterone under 10 nmol/L.

Four Mountain West teams have forfeited against SJSU this season: Boise State (twice), Utah State, Nevada, and Wyoming (twice). Mountain West policy says that the forfeited games count as wins for SJSU and losses for schools that declined 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), Utah State (9-5) and Boise State (8-7). Wyoming (6-9) is in seventh place. The winner gets the conference’s automatic bid to the NCAA tournament.

Among the allegations in the lawsuit are that SJSU coach Todd Kress gave the player in question preferential treatment, that the Mountain West amended its transgender athlete participation policy without following conference protocol and that the conference fostered an unsafe environment by allowing the athlete to play.

This is the second lawsuit Slusser has joined that involves her current team. On Sept. 23, she joined a lawsuit against the NCAA that stems from her experience on the SJSU volleyball team. Batie-Smoose reportedly submitted a Title IX complaint on Oct. 29 to officials at SJSU, the Mountain West, and to the NCAA.

SJSU plays against Colorado State on Saturday.