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Will the unresolved lawsuit derail SJSU's volleyball dreams, or is their grit enough to prevail?

Despite endless hurdles, 2024 has been a historic year for San Jose State’s volleyball program. After battling accusations of having a transgender athlete among their ranks to several forfeitures, it’s all culminated in a federal lawsuit for SJSU volleyball. Meanwhile, the Spartans have still found considerable success on the court, even after losing their final match of the regular season.

After losing their first clash of the season against the Spartans on September 24, Fresno State got the last laugh during the regular season. The Bulldogs came out on top in a hard-fought 3-2 victory against a determined San Jose State. While the loss didn’t affect SJSU’s chances to play in the Mountain West Tournament, it did cost the team. Additionally, the federal lawsuit still ominously hangs above their heads. Yet, head coach Todd Kress beamed with positivity after the Fresno State loss.

SJSU volleyball remains confident in the face of defeat

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Todd Kress seemed confident that his team’s story would not end with the regular season loss. “I know that our last day on the court as a team, when that comes, is not the end of this team’s story,” said Kress as per the San Francisco Chronicle. In fact, Coach Kress hinted his team would’ve ended with a far more positive over record than 14-5  had it not been for the forfeitures.

Five Mountain Conference schools forfeited their matches against the team, such as Southern Utah, Nevada, Boise State, and others. Among them, Boise State and Wyoming forfeited both their home and away matches against the SJSU volleyball team. In early October, Kress lamented the lost opportunities and drew attention to the demoralizing effects they had on the team.

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Will the unresolved lawsuit derail SJSU's volleyball dreams, or is their grit enough to prevail?

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“It’s not just us that are losing opportunities to play. It’s the people choosing not to play us, and that’s very unfortunate,” Todd Kress told Fox Digital News. “I know that mental health is a real thing, and I know that my kids get through it,” added the concerned coach. So, seeing the Spartans make it to the post-season tournament filled the coach with pride.

“Very proud of the opportunities that we took advantage of and how we persevered through the season. That’s what I’m most proud of. That’s what I will take away from the season, and granted, this season is far from over.” said Kress, once again hinting how he believes the season is far from over despite the legal trouble surrounding Fleming.

A loss to Fresno State means the Spartans have lost their #2 tournament seed position. However, they stand to regain this position if the Bulldogs lose their final game against Boise State. Yet, Kress’s confidence also comes from how much grit his pupils showed in their final loss. The ever-consistent Blaire Fleming ended the game with 21 kills, taking her 297 for the season.

Another standout was the team’s co-captain, Brooke Slusser with 17 kills and a season total of 260. Ironically, it’s Fleming and Slusser are the ones who lie at the center of SJSU volleyball’s internal strife. And despite Todd Kress’s confidence, the threat from the unresolved court hearing could end their NCAA Championships dream.

Court hearing ends in uncertainly for everyone involved

In a move that few expected, SJSU volleyball co-captain Brooke Slusser was swift to take legal action against her teammate. Slusser initially filed an addition to former Kentucky simmer Riley Gaines’ Title IX violation lawsuit against the NCAA. However, little came of it as the lawsuit by Gaines against the NCAA has failed to produce significant results. So on November 13, Slusser took legal action for the second time.

This time, Brooke Slusser joined forces with the recently suspended Spartans assistant coach Melissa Batie-Smoose. As per a Wyoming Tribune Eagle report, girls from other universities such as the UW Cowgirls and Nevada also joined the Slusser and Batie-Smoose. So on Thursday, 21 November, an emergency hearing began in Colorado.

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However, the hearing, headed by Federal Judge Kato Crews, initially turned chaotic due to a debate on pronouns. Fox News reported that the debate over the issues lasted around 45 minutes before moving on to the crux of the matter. The plaintiffs’ demand would threaten to rewrite SJSU’s season record. They wished that the automatic loss that results after a forfeiture should be erased from the record of those who chose to take the route against SJSU volleyball this season.

Slusser and the others also sought to prevent the Spartans from including Fleming in the upcoming MWC Tournament games starting November 27. If approved, these changes would have been a devastating blow to the Spartans. With nearly 300 kills, Blaire Flemming has emerged as a star for San Jose in the 2024 season. Fleming’s dismissal may cost the Spartans the MWC tournament.

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However, the court didn’t announce a verdict after the first hearing. With only one week left until the Mountain West Tournament, Judge Crews said he would deliver the verdict in a “timely fashion,” ahead of the tournament. However, despite the uncertainty, Coach Kress embodied the spirit that brought his team this far.

“The pain, the conflict, and the relentless negativity directed to this team in the media and the bleachers could have broken us, but it didn’t,” concluded Todd Kress. However, everything hangs in the balance for SJSU volleyball unless Kato Crews rules in their favor.

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