In a pivotal ruling that sent shockwaves through the collegiate sports world, a federal judge in Denver denied a motion that would have disqualified a key player from the San Jose State University women’s volleyball team. The decision, handed down by U.S. District Judge S. Kato Crews on Monday, ensures that the Spartans will be able to compete with their full roster at the upcoming Mountain West Conference tournament in Las Vegas.
Eleventh-Hour Legal Challenge Rejected
The legal battle began on Nov. 13 when a group of 12 plaintiffs, including SJSU co-captain Brooke Slusser and associate head coach Melissa Batie-Smoose, filed a lawsuit against the Mountain West Conference. The suit sought an emergency injunction to declare one of the SJSU players ineligible, alleging that the individual is transgender and poses safety risks to teammates and opponents.
However, Judge Crews found the last-minute nature of the request unwarranted, noting that the conference’s transgender participation policy has been in place since 2022. He emphasized the unreasonable delay in seeking emergency relief and the undue burden it would place on the Mountain West to alter its rules on the eve of the tournament.
“…the Court finds the movants’ delay was not reasonable, there is no evidence to suggest they were precluded from seeking emergency relief earlier, and the rush to litigate these complex issues now over a mandatory injunction places a heavy lift on the MWC at the eleventh hour,” Crews stated in his ruling.
– U.S. District Judge S. Kato Crews
University Stands Behind Its Student-Athletes
In response to the decision, San Jose State University issued a statement affirming its support for all its student-athletes and their eligibility to compete under NCAA and Mountain West Conference rules. The school expressed gratitude that the court rebuffed what it characterized as an “eleventh-hour attempt” to alter those regulations.
While the university has not commented on the specific player’s identity due to federal privacy laws, sources close to the team confirmed that the individual in question has competed for the Spartans for the past three seasons without incident. The player herself has not publicly addressed the lawsuit or the speculation surrounding her gender identity.
Forfeits and Controversy Plagued Regular Season
The legal dispute is the latest development in a tumultuous season for SJSU and the Mountain West Conference. Throughout the fall, four conference members—Boise State, Wyoming, Utah State, and Nevada—along with Southern Utah University of the Western Athletic Conference, forfeited matches against San Jose State.
Although the schools have not explicitly cited their reasons for refusing to play the Spartans, a rally held by Nevada players on Oct. 26 openly advocated for banning transgender women from participating in women’s sports. The forfeits resulted in a 12-6 record for San Jose State, good enough for the No. 2 seed and a bye into the Mountain West tournament semifinals.
Appeals and Uncertainty Loom Over Tournament
Despite the judge’s ruling, the eligibility dispute is far from settled. The plaintiffs swiftly filed an appeal with the 10th Circuit Court in Denver, vowing to continue their fight to “protect the women volleyball players” competing for the conference championship. Attorney William Bock, representing the plaintiffs, said he would petition the appellate court to weigh in on the matter, though a hearing date has yet to be scheduled.
The ongoing legal battle casts a shadow over the Mountain West tournament, which is set to begin on Wednesday. San Jose State is slated to face the winner of the quarterfinal match between Utah State and Boise State—two of the teams that declined to play the Spartans during the regular season.
We are excited to have the opportunity to represent San Jose State University and the 19 young women who have so valiantly helped us get to this point,” SJSU head coach Todd Kress told reporters.
– Todd Kress, San Jose State University Head Volleyball Coach
As the Spartans prepare to take the court, the eyes of the college sports world will be watching intently. The outcome of the tournament—and the eligibility questions looming over it—could have far-reaching implications for transgender athlete policies and the future of women’s sports at the collegiate level.
Path to the NCAA Tournament Remains Uncertain
For now, San Jose State remains focused on the task at hand: winning the Mountain West title and securing an automatic bid to the NCAA Tournament, which kicks off on Dec. 5. However, even if the Spartans emerge victorious this weekend, the eligibility controversy could potentially impact their participation in the national championship.
The NCAA has its own policies governing transgender athletes, which differ from those of individual conferences like the Mountain West. It remains to be seen how the organization would handle San Jose State’s unique situation, should the school clinch a spot in the 64-team NCAA Tournament field.
As the legal battle continues to unfold and the postseason looms, one thing is certain: The case of the SJSU volleyball player has thrust the complex intersection of gender identity, competitive fairness, and the evolving landscape of college sports into the national spotlight. The resolution of this dispute—both on and off the court—will undoubtedly shape the conversation surrounding transgender athletes for years to come.
