A federal appeals court has upheld a judge's decision permitting a transgender athlete to compete in the Mountain West women's volleyball tournament, rejecting an emergency appeal filed by the Independent Council on Women's Sports (ICONS). The initial ruling, issued by Colorado District Judge Kato Crews, affirmed San Jose State senior Blaire Fleming's eligibility to participate, despite challenges from several players. The 10th Circuit Court of Appeals concurred with Judge Crews, stating that the complaint against the league's transgender athlete policy should have been submitted earlier.
Seven NCAA women's volleyball players, including Fleming's teammate Brooke Slusser, were listed on both the initial complaint and the subsequent appeal. Slusser has previously alleged being required to share living and changing spaces with Fleming, while the university allegedly withheld information about Fleming's birth sex from her and other teammates.
ICONS legal counsel Bill Bock expressed disappointment with the Mountain West Conference and NCAA administrators, accusing them of neglecting their duty to ensure fair competition and athlete safety. He emphasized the necessity of resorting to federal courts to address the perceived inaction of Commissioner Gloria Nevarez and NCAA President Charlie Baker in protecting the rights of female athletes.
San Jose State University welcomed the court's decision, reiterating its commitment to supporting its student-athletes and opposing discrimination. The university emphasized Fleming's eligibility under NCAA and Mountain West Conference regulations.
Following the appeal denial, Bock asserted that while justice may have been delayed, it will ultimately be served. He expressed confidence in the plaintiffs' legal arguments and their belief that the presence of a transgender male athlete in women's volleyball violates federal law.
The case has drawn attention to President Biden's judicial appointments, with Judge Crews being one of his confirmed nominees. During the initial hearing, significant time was spent discussing appropriate pronoun usage for Fleming and whether the player's name should be used for security reasons. Meanwhile, Slusser has voiced safety concerns for herself and her teammates, expressing feelings of unsafety and distrust within the program.
San Jose State suspended associate head coach Melissa Batie-Smoose after she filed a Title IX complaint alleging the university favored Fleming at the expense of the female players. Slusser expressed distress over Batie-Smoose's suspension, stating that it left the team feeling vulnerable and without a trusted advocate. She expressed skepticism about the program's ability to address her and her teammates' concerns effectively.
Mountain West Commissioner Gloria Nevarez stated that the conference's investigation into the Title IX complaint did not find sufficient evidence to substantiate the claims, including allegations of a conspiracy involving Fleming and a Colorado State player to injure Slusser. The conference denied Fox News Digital's requests to identify the individuals interviewed during the investigation. Slusser's legal team has questioned the investigation's thoroughness. Despite the ongoing legal challenges, the Mountain West tournament proceeded with Fleming's participation, with the conference previously indicating its intention to declare San Jose State champions if they reached the final and the opposing team forfeited. Several teams have already forfeited matches against San Jose State this season, including potential semifinal opponents.
San Jose State continues to defend Fleming's presence on the team, emphasizing the athlete's compliance with NCAA and Mountain West Conference policies and eligibility rules. The university expressed disappointment over forfeited games and praised the team's resilience in the face of these challenges.
