Since early September 2024, SJSU volleyball has faced a seemingly never-ending stream of hurdles. It started with Riley Gaines calling out the Spartan for not disclosing that outside hitter Blaire Fleming was a transgender athlete. However, since then, things have spiraled into a string of forfeitures and multiple lawsuits against the San Jose volleyball team.

Despite these hurdles, the Spartans managed to put together a winning record of 11-4 in the Mountain West Conference. The Spartans’ efforts were enough to see them through to the six-team post-season tournament starting on November 27. However, just when it seemed that the SJSU NCAA dream was alive and well, yet another lawsuit rocked the team’s foundations.

On Wednesday, November 13, SJSU co-captain Brooke Slusser, suspended assistant coach Melissa Batie-Smoose, and several other women filed a federal lawsuit against San Jose. Besides two other former Spartan players, the Wyoming Tribune Eagle reported that three UW Cowgirls and two Nevada players were also part of the lawsuit against SJSU Volleyball and the Mountain West Conference.

As per The Athletic, the federal lawsuit aims to mark San Jose State’s Blaire Fleming ineligible to appear in the upcoming post-season tournament. However, the MWC has refused to comment on the current situation. “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 MWC said on Thursday as per The Athletic’s report.

The plaintiffs have argued that SJSU volleyball and the MWC violate the NCAA’s Title IX rule by allowing a transgender athlete to play on the women’s volleyball team. MWC Commissioner Gloria Nevarez spoke about the issue in October. “The student-athlete (in question) meets the eligibility standard,” Gloria Nevarez told the Associated Press. However, that wasn’t enough to prevent the lawsuit.

Exploring the possibilities of the lawsuit against SJSU Volleyball

The legal action against SJSU could have several outcomes, and only most of them don’t favor either the Spartans or MWC. As per reports, Gloria Nevarez, Spartans head coach Todd Kress, and two other SJSU administrators are among the defendants. However, the only favorable outcome would be for the case to get dismissed or the defendants merging victorious.

However, if the case goes in favor of Slusser, Batie-Smoose, and those from the four other conference schools, SJSU would lose their star player. The MWC tournament is crucial for SJSU volleyball’s NCAA title ambitions and Fleming has been a valuable player this season. Despite five match forfeitures, Fleming has reached a personal milestone of 252 kills this season.

In fact, Fleming surpassed the 250-kill mark during their 3-1 loss against San Diego. Hence, not having an experienced senior during the tournament would be a massive blow for the Spartans. Coach Todd Kress has already revealed how the forfeitures have taken a mental toll on the team. “I know it’s been weighing on the players in our locker room,” he told The National Desk.

The legal case against SJSU bears a resemblance to the Riley Gaines-led Title IX violation against the NCAA. Gaines and a dozen other athletes argued that the NCAA violated their rule by allowing trans athlete Lia Thomas to compete against women in 2022. In fact, SJSU volleyball co-captain Brooke Slusser has already made an addition to Gaines’s lawsuit in September.

“One thing that’s important in this case is really the physical safety issues in volleyball,” Slusser’s lawyer had commented about the case. This time Slusser has joined forces with several other athletes. However, only time will tell which side emerges victorious in the court of law.