The Mountain West is four games into its volleyball season, and San Jose State has been the center of controversy after a lawsuit alleged that the team has a transgender athlete.
Currently, three Mountain West teams have forfeited their upcoming matches with the Spartans following the allegations. Boise State, Wyoming and Utah State announced via team statements that they will take a forfeit loss and continue to their next matchup.
The teams did not provide a reason why they forfeited the game or if the Broncos or Cowgirls would forfeit their second match with the team. However, this did not stop Idaho Gov. Brad Little and Utah Gov. Spencer Cox from praising their respective teams on social media.
“We need to ensure player safety for all of our female athletes and continue the fight for fairness in women’s sports,” Little said on X.
“Our female athletes are left grappling with this difficult issue because the NCAA has failed in its responsibility to protect female athletes and women’s sports,” Cox said on X.
The Spartans began the season undefeated (8-0) during non-conference play. Southern Utah University was the first and only team to forfeit against the Spartans during non-conference play.
However, the team is starting to feel the impact of the controversy after conference play began. Boise State forfeited a day before its Sept. 28 meeting and was the first conference team to forfeit. A few days later on Oct. 1, Wyoming joined the Broncos, and on Oct. 3, Utah State made its decision.
With the forfeits from the Broncos and Cowgirls, San Jose has missed two of its first four conference games. If the Broncos and Cowgirls forfeit their second match with San Jose, the Spartans could miss a quarter of their conference games this season.
Fresno State and Colorado State are the only two teams to face the Spartans. San Diego State is set to be the Spartan’s third matchup this season later today at 7 p.m. When reaching SDSU for comment, the program provided the following statement via email regarding the matchup:
“We love playing the sport of volleyball. We remain focused on continuing our strong start to the season and competing for a Mountain West championship. Our decision to play is not intended to be any kind of statement besides demonstrating our commitment to volleyball.”
The controversy began after a lawsuit against the NCAA was filed on Sept. 23 to the District Court in Atlanta. The 16 plaintiffs in the suit have competed or still are competing in the NCAA.
Among the plaintiffs was a San Jose Setter, Brooke Slusser. Slusser claimed that her teammate, Blaire Fleming, was transgender after hearing a rumor. Slusser claimed she did not initially bring attention to it until Fleming confirmed the rumors after an online news source revealed Fleming was transgender.
The lawsuit challenges that the NCAA’s Transgender Eligibility “conflicts with Title IX’s foundational principle” and “fails to give equal competition to female athletes.” Title IX is part of the Education Amendments Act of 1972 and is a federal law, according to the NCAA. The law states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
As relief, the plaintiffs are looking for the NCAA to declare they violated Title IX and the Fourteenth Amendment of the Constitution. The plaintiffs are also seeking injunctive relief that will prohibit the NCAA from implementing policies that will conflict with Title IX or the Fourteenth Amendment.
The Sept. 23 suit is an amended suit after more players joined the suit. The initial complaint was submitted on March 14, 2024.
After their match with SDSU, the Spartans are scheduled to play the Rebels on Oct. 12, and the Aggies on Oct. 15.
