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Twelve women, comprising both current and former volleyball players from San Jose State University and other institutions within the Mountain West Conference, have initiated legal action against the Mountain West Conference and officials at SJSU. They claim that the inclusion of transgender athlete Blaire Fleming on the SJSU team infringes upon their Title IX and First Amendment rights.
The plaintiffs claim the conference’s new “Transgender Participation Policy” was designed to suppress their free speech rights and was enacted hastily in response to protests over Fleming’s participation.
The lawsuit seeks emergency relief before the upcoming Mountain West volleyball tournament, including disqualifying Fleming or SJSU from the tournament and adjusting game records affected by forfeits from four teams protesting against Fleming’s inclusion.
“The NCAA, Mountain West Conference, and college athletic directors around the country are failing women,” said Bill Bock, lead attorney for the plaintiffs.
“Because the administrators don’t have the courage to do their jobs, we have to ask the federal courts to do their jobs for them,” Bock added.
“This new policy was clearly intended to chill and suppress the free speech rights of women athletes in the MWC,” the suit claims.
The suit also raises serious allegations of collusion and misconduct among players, including claims that some attempted to injure a plaintiff during a match.
The plaintiffs argue that SJSU’s administration has shown favoritism towards Fleming, compromising the rights and safety of female athletes.
