Female athletes sue conference for allowing trans volleyball player, seek emergency injunction
A group of a dozen female student-athletes and former athletes have sued the Mountain West Conference and officials from San Jose State University over a 'Transgender Participation Policy.'
The plaintiffs claim the policy was created to 'chill and suppress the free speech rights of women athletes.'
A group of a dozen female student-athletes and former athletes have sued the Mountain West Conference and officials from San Jose State University over a “Transgender Participation Policy” they claim was made to “chill and suppress the free speech rights of women athletes.”
The plaintiffs include San Jose State volleyball co-captain Brooke Slusser, San Jose State volleyball assistant coach Melissa Batie-Smoose, and four student-athletes from other Mountain West schools, as first reported by Outkick.
San Jose State’s women’s volleyball team has garnered national attention recently for its roster including a transgender-identifying player, Blaire Fleming.
”Recently, the MWC, SJSU, and the other Defendants have collectively manipulated MWC rules, diminished sport opportunities for women, spread inaccurate information, used their positions to chill and suppress speech with which they disagree, and punished dozens of female collegiate volleyball student-athletes for taking a public stand for their right to compete in a separate sports category, all in a concerted effort to stamp out debate over women’s rights in sport,” the lawsuit reads.
”As Defendants’ actions violate federal law, including the First and Fourteenth Amendments to the U.S. Constitution and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. and its implementing regulations (’Title IX’), Plaintiffs are entitled to preliminary and permanent injunctive relief,” the document continues. ”Plaintiffs are further entitled to permanent declaratory relief, damages, and other appropriate relief.”
On Nov. 2, San Jose State suspended Batie-Smoose after she filed a Title IX complaint against the school for its inclusion of Fleming on the team.
Multiple schools have also forfeited volleyball matchups against San Jose State because of the presence of the 6-foot tall male. Six games against the team have been forfeited by other Mountain West opponents.
[RELATED: Boise State women’s volleyball team forfeits match against trans-identifying player]
The official conference policy on transgender-identifying athletes states, “The decision as to whether a transgender athlete(s) will be permitted to participate in intercollegiate athletics for a particular MW member shall be a matter of that individual institution’s discretion in the context of its interaction with the individual, the application of state law, etc.”
”If a MW member institution’s team refuses to compete in an intraconference contest against a fellow MW member institution’s team which includes an eligible transgender student-athlete(s), the team refusing to participate shall be deemed to have forfeited the contest,” the policy continues. ”The forfeiting team will be charged with a loss and the opposing team credited with a win – for the purposes of Conference records, standings, tie-breaking formulas and MW championships participation.”