By Spear Editorial Staff | Photo by Taylor Cowhey (Senior Brooke Slusser about to set up a serve in a match against Cal State Fullerton on Aug. 31)
SJSU volleyball senior co-captain and setter Brooke Slusser joined a lawsuit against the National Collegiate Athletic Association (NCAA) on Monday.
The lawsuit, filed by athlete Riley Gaines, alleged that the NCAA’s Transgender Eligibility Policies violate Title IX and the Fourteenth Amendment’s Equal Protection Clause.
Title IX is a federal civil rights law established in 1972 to prevent discrimination in educational programs that received federal funding according to the U.S. Department of Education’s website.
Protections were also added by the U.S. Department of Education in April for LGBTQ+ students from receiving discrimination in schools.
“The rule protects against discrimination based on sex stereotypes, sexual orientation, gender identity and sex characteristics,” according to a Department of Education press release on April 19.
The lawsuit alleged senior outside hitter Blaire Fleming as a “male who identifies as transgender and who claims a female identity.”
In response to the allegations, SJSU senior director of media relations Michelle Smith McDonald gave a comment to The Spear.
“We are operating our program under the regulations of both the NCAA and the Mountain West Conference. Our student-athletes are in full compliance with NCAA rules and regulations,” Smith said on Friday.
Slusser claimed in the lawsuit that “SJSU representatives” prohibited members of the volleyball team from publicly discussing Fleming’s identity and warned that team members could face removal for doing so.
Brook Slusser reposted the Independent Council on Women’s Sport’s (ICONS) Instagram post sharing her involvement with the lawsuit on her Instagram story on Sept. 29.
She stated in the lawsuit that she allegedly suffered “physical and emotional injuries, embarrassment, humiliation, emotional distress, mental anguish and suffering.”
Despite the ongoing legal action, Slusser intends to compete with the SJSU women’s volleyball team for the rest of the season according to the lawsuit.
Both Slusser and Fleming played in the Spartans’ most recent match played in a win over Fresno State on Tuesday.
Cancelation of games and opponents
Southern Utah and Boise State were two teams to cancel their matches against SJSU volleyball.
Southern Utah canceled its match in a tournament hosted by Santa Clara University, scheduled to play on Sept. 14. Boise State canceled its conference matchup one day before the scheduled match on Sept. 28.
Both programs did not give reasons for the cancellations.
“The Southern Utah University volleyball team has opted to compete in just two non-conference games at the Santa Clara Tournament this weekend,” the school said in a statement to OutKick posted on Sept. 14.
OutKick is a conservative multimedia platform that covers sports, pop culture and politics according to its website.
Statement from Idaho Governor
Following the comment from Boise State, Idaho Governor Brad Little, made a post to X.
“I applaud @BoiseState for working within the spirit of my Executive Order, the Defending Women’s Sports Act. We need to ensure player safety for all of our female athletes and continue the fight for fairness in women’s sports.”
Little signed Executive Order No.2024-08 designed to oppose the Joe Biden administration rule for Title IX in August.
Who is Riley Gaines?
The main plaintiff, twelve-time all-American swimmer Gaines was among those applauding Boise State for not competing against SJSU.
Gaines opposes the inclusion of transgender women in women’s sports, advocating for the “defense of women’s single-sex spaces,” according to her website.
“Boise State University forfeited their match against San Jose State University, taking the loss. While no official reason was given, the cause is clear—SJSU has a male posing as a woman on their team. Safety > inclusion. Major kudos to @BoiseState MORE OF THIS👏🏼 ” Gaines posted to X Friday.
Gaines is among the athletes who filed the original lawsuit against the NCAA in March, accusing it of violating Title IX rights by allowing former University of Pennsylvania swimmer Lia Thomas to compete at the NCAA Women’s Swimming Championship.
Thomas is the first openly transgender athlete to win an NCAA Division I National Championship in any sport.
This story is still developing and will be updated.
Spear Editorial Staff – Nick Orozco, Christian Vieyra, Mat Bejarano, Aaron Johnson, Jonathan Canas, Vincent Rupena, Irene Adeline Milanez and Brianna Huffmaster
