A legal case against the Mountain West and its commissioner, Gloria Nevarez, has been lodged in Colorado, seeking a declaration of ineligibility for a transgender San Jose State women’s volleyball player slated to play in the upcoming conference tournament in November. The suit has been filed by Brooke Slusser, co-captain at San Jose State; assistant coach Melissa Batie-Smoose; and two previous players, along with other conference school players. The basis of the suit lies in the allegations that both the school and the conference have breached the U.S. Constitution and Title IX by permitting a transgender athlete to play for a women’s team as well as stifling the free speech rights of protesters.
San Jose State University, its volleyball head coach Todd Kress, two school administrators, and the board of trustees for the California State University system also appear as defendants in the case. The controversy ignited in September when Slusser transferred to San Jose State prior to the 2023 season and joined a suit contesting the NCAA’s transgender policy. In the lawsuit, she claimed her teammate, who was also her roommate, was “born male and identifies as a ‘transgender woman.'”
Following the dispute, the Mountain West Conference responded by stating that it values the welfare and fair treatment of its student athletes and stays within NCAA and MW guidelines. Nevada emphasized that the transgender student athlete met the eligibility criteria and any team refusing to play against them will be charged with forfeiture. At the beginning of the season, five schools forfeited their matches with the Spartans.
The plaintiffs state that the Mountain West’s handbook originally lacked a policy on transgender athletes, which was only added in late September, amid the escalating controversy. The new policy stated that teams refusing to play a match would have to forfeit. Moreover, the lawsuit implicates San Jose State officials of instructing players in an April 2024 meeting to refrain from discussing their teammate’s sex or gender identity in public.
Allegations of retaliation and negative impacts on scholarship opportunities are also brought forth in the case. Slusser says she was warned that publicly speaking against the school or NCAA could impact her scholarship. Two ex-San Jose State players, Elle Patterson and Alyssa Sugai, allege they missed out on potential scholarships in past seasons due to decreased playing time against their transgender teammate. Additionally, the case alleges Batie-Smoose faced hostilities and eventual suspension from the school for raising concerns about “preferential treatment” towards the transgender player and filing a Title IX complaint.
The NCAA policy, implemented in 2022, enables transgender women to compete in women’s teams provided they complete one calendar year of testosterone suppression therapy and meet the testosterone level standard for their sport prior to regular-season competition. However, this lawsuit is the latest in a series of escalating debates about the inclusivity and fairness of transgender participation in women’s sports.
