Nov 15, 2024
SAN JOSE, Calif. (KRON) -- Some San Jose State University women's volleyball players are suing their head coach, their university, and the Division-1 Mountain West Conference for allowing a transgender player to be on the team. The suit, filed on Wednesday, is the second lawsuit filed by collegiate women's athletes amidst a controversy stirring a national debate over transgender athletes. According to the new lawsuit, SJSU volleyball team captain Brooke Slusser is demanding that officials remove the transgender player from the roster before the Spartans compete in the Mountain West Conference championship in Las Vegas, the suit states. The championship game is scheduled for later this month. San Jose State Spartans players look on prior to the game against the Air Force Falcons on October 19, 2024 in Colorado Springs, Colorado. (Photo by Andrew Wevers / Getty Images) Several teams chose to forfeit their games against the Spartans this season after news of the transgender player made headlines. Slusser, as well as a dozen other women who compete on volleyball teams within the conference, claim university and conference officials violated their Title IX rights. Title IX was established to ensure that men and women are treated fairly in educational settings, including collegiate sports. Allowing a "biological male" to play on a women’s volleyball team violates women's rights, the lawsuit claims. In a statement KRON4 on Friday, a spokesperson for SJSU said, "We received the complaint and will review and respond appropriately. We have no further comment." Once the player's gender transition became public knowledge, SJSU's administrators told the volleyball team to remain silent about the issue, and speaking about it would be considered "transphobic," the suit states. Some teammates were upset that no one told them about the player's biological gender until rumors started circulating on campus. San Jose State Spartans players huddle during the first set against the Air Force Falcons on October 19, 2024 in Colorado Springs, Colorado. (Photo by Andrew Wevers/Getty Images) In the lawsuit, Slusser said she warned her coaches that forfeits were looming before their season started. "Slusser communicated that (the player's) participation on the team was not fair to thegirls 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. The Spartans' head coach, Todd Kress, "became angry at Slusser for bringing these concerns forward and told her any protest about Fleming would not go anywhere," the lawsuit states. Brooke Slusser #10 serves the ball against the Air Force Falcons on October 19, 2024 in Colorado Springs, Colorado. (Photo by Andrew Wevers /Getty Images) Players said at practice, their controversial teammate spikes the ball 80 miles per hour, faster than anyone else in the conference. Slusser claims the situation puts players at high risk of injuries from concussions, and gives the Spartans an unfair advantage. In October, MWC commissioner Gloria Nevarez said the athlete meets student-athlete eligibility standards, and if a team does not play against the Spartans, the game will be considered a forfeit. Another plaintiff in the lawsuit, 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. In 2023, Sugai was angry when she found out "nobody connected to the SJSU Team told herabout (the player's) true sex. Her feelings of self-worth and her dreams for her future hadcentered on volleyball," the suit writes. Former SJSU women's volleyball team member Elle Patterson is also named as a plaintiff. As of Friday afternoon, the controversial player remained on the Spartans' roster, according to the university's website. The team's record this season is 13 wins and four loses. 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.
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