SJSU volleyball team turn on own coach as they sue college over trans teammate amid forfeit controversy

The college volleyball controversy over a transgender player took a new twist this week when San Jose State University's women's team sued their own coach. 

SJSU women's volleyball team has had multiple games in the Division-1 Mountain West Conference forfeited by other schools due to safety concerns over playing against Blaire Fleming, who is biologically male. 

Amid the controversy, which has sparked national debate, some of SJSU's own players have turned on the school, filing a lawsuit against their head coach, the college and the Mountain West Conference. 

The lawsuit, which was filed Wednesday, asks for Fleming to be declared ineligible for the Mountain West Conference tournament, SJSU's wins to be vacated and the team to be deemed ineligible for the conference tournament. 

According to the filing, captain Brooke Slusser, who previously backed Nevada women's volleyball team for fighting against playing SJSU, has demanded that officials remove Fleming from the roster ahead of the Spartans' conference championship game in Las Vegas later this month. 

Slusser along with 10 other current or former Mountain West players and SJSU associate head coach Melissa Batie-Smoose claim the university and conference officials violated their Title IX rights. 

Batie-Smoose has been suspended indefinitely by the school after raising complaints over Fleming, leaving players 'distraught.'

The lawsuit also alleges that the plaintiffs' free speech rights were infringed upon because they were discouraged from speaking about their opposition to her participation. 

'We received the complaint and will review and respond appropriately. We have no further comment,' a spokesperson for SJSU said, via KRON4. 

SJSU's administrators told the volleyball team to remain silent about the issue once it became public knowledge, and said that speaking about it would be considered 'transphobic,' the suit alleges.

Some of the team's players were reportedly upset that they had not been informed of Fleming's biological gender, only discovering when rumors began to circulate on campus. 

The University of Wyoming became the latest team to forfeit a match against the Spartans this season when it forfeited its second game of the season last week. 

It marked the seventh game against SJSU to be forfeited - and the first since Donald Trump 's election. 

Southern Utah, Boise State, Utah State and Nevada have all joined Wyoming in opting to forfeit games against San Jose State this season. 

San Jose hit back in a statement, saying it is 'deeply disappointed' for its athletes in the wake of yet another missed match for the team.

'Our athletes all comply with NCAA and Mountain West Conference policies and are eligible to play under the rules of those organizations,' said the statement, via Fox.

'Our volleyball team members have earned the right to compete, and we are deeply disappointed for them and with them that they are being denied those opportunities through cancellations and forfeits. We are also proud of how they have persevered through these challenges on the court.'

However, the lawsuit states that Slusser attempted to warn their coaches that forfeits were looming before the season started. 

'Slusser communicated that (the player's) participation on the team was not fair to the girls and put them at physical risk. She also reported that other teams within the conference would not play SJSU due to (the player) being on the team. Girls from other teams had told them they wanted to protest against a man playing women's volleyball,' the lawsuit writes. 

But Slusser's warnings were met with fury from head coach Todd Kress, who 'became angry at Slusser for bringing these concerns forward and told her any protest about Fleming would not go anywhere.'

According to her teammates, Fleming spikes the ball 80 miles per hour, faster than anyone else in the conference during practice. 

 Slusser claims that the powerful hit puts other players at high risk of injuries, including concussions, and hands the Spartans an unfair advantage. 

Another plaintiff,  Alyssa Sugai, said she left the team after the player received a scholarship and took her starting spot in the lineup. 

Sugai said she suffered from depression and felt like a failure because, at the time she decided to end her collegiate volleyball career, she didn't know the player was transgender.

'They competed during practices for the starting right-side hitter position throughout the 2022 season. Sugai put in extra hours in the gym and before practices, but (the player) continued to outperform Sugai. Losing to (the player) caused Sugai to doubt her ability to play volleyball at a high level, even though she had rigorously trained and competed since childhood. It also caused her to doubt her self-worth,' the lawsuit states.

She said she was left furious in 2023 when she discovered that 'nobody connected to the SJSU Team told her about (the player's) true sex. Her feelings of self-worth and her dreams for her future had centered on volleyball.' 

The lawsuit demands that MWC and NCAA officials submit a declaration 'that any male student-athlete is ineligible to compete in women's volleyball in the MWC and on the San Jose State University women's volleyball team.' Attorneys are seeking a jury trial.

The NCAA policy on transgender athlete participation allows transgender women to compete in women's sports if they meet the parameters set by that sport's governing body. For volleyball, transgender women are deemed eligible if they suppress their testosterone under 10 nmol/L. 

SJSU has said that all its players meet the criteria. 

Fleming has been cleared by San Jose State to play for the SJSU women's volleyball team for three seasons, joining in 2022.