Justin B. Kozubal, Ph.D. and Michael S. Carroll, Ph.D.
Introduction:
In 2024, a group of volleyball players filed a lawsuit in the U.S. District Court for the District of Colorado alleging that the inclusion of a transgender athlete on the San Jose State University (SJSU) women’s volleyball team violated the principles of fairness and the integrity of women’s sports. The plaintiffs, consisting of both SJSU volleyball team members and other current or former Mountain West players, sought various remedies, including vacating SJSU’s wins in the Mountain West Conference and declaring the athlete ineligible for participation in conference tournaments. This legal review examines the claims raised, the relevant legal frameworks, and the broader implications for collegiate athletics.
Background:
The controversy began in August 2024 when the SJSU women’s volleyball team began their season, participating in the Fullerton Invitational in Southern California. In September, Southern Utah University forfeited their match against SJSU, reportedly in protest of the inclusion of a transgender athlete on the team, Blaire Fleming (Inside Higher Ed, 2024). Public awareness of Fleming’s transgender status intensified in October 2024, leading to heightened media attention and internal team discussions (Inside Higher Ed, 2024).
Brooke Slusser, a co-captain on the team and Fleming’s roommate, stated that she was unaware of Fleming’s transgender status until it was publicly disclosed. Slusser noted that the university advised team members not to discuss the matter, referring to it as “the elephant in the room” (Inside Higher Ed, 2024). Additional media reports revealed that the decision to include Fleming caused fractures within the team, including the departure of several players and growing frustrations among others (Inside Higher Ed, 2024).
In October 2024, tensions were further compounded by forfeitures from other universities, including Boise State University and the University of Nevada, Reno, citing safety concerns and competitive fairness (Inside Higher Ed, 2024). These forfeitures brought national attention to the case, sparking debates about the role of inclusion in collegiate sports.
The issue escalated when the team’s associate head coach, Melissa Batie-Smoose, filed a Title IX complaint alleging that the inclusion of Fleming prioritized one individual’s rights over those of the entire team. Shortly after filing the complaint, Batie-Smoose was removed from her position, a decision she claimed was retaliatory. University officials denied any connection between her complaint and termination, citing unrelated performance issues instead (Inside Higher Ed, 2024).
Key Allegations:
- Violation of Title IX Protections: The plaintiffs argued that SJSU’s actions undermined the equal opportunities for cisgender female athletes that Title IX is intended to protect. They alleged that including a transgender athlete created competitive imbalances and compromised safety during gameplay.
- Retaliation Against a Whistleblower: The lawsuit claimed that Batie-Smoose’s termination was a direct consequence of her Title IX complaint. It argued that her dismissal was intended to silence dissent and avoid further scrutiny of SJSU’s policies.
- Impact on Team Dynamics: Team members reportedly expressed frustration over the university’s prioritization of one player over the collective concerns of the team, leading to fractures within the group and the departure of several players.
Defense Arguments:
- Compliance with NCAA Guidelines: SJSU’s legal team maintained that the inclusion of the transgender athlete adheres to NCAA policies, which permits transgender women to compete in women’s sports after meeting specific hormone therapy requirements.
- No Adverse Employment Action: Regarding the Title IX retaliation claim, the university contended that Batie-Smoose’s termination was unrelated to her complaint and was based on other professional considerations.
- Broader Inclusion Goals: The defense also emphasized the importance of fostering an inclusive environment in collegiate athletics, aligning with the NCAA’s commitment to diversity and equity.
Relevant Context:
The NCAA’s policy on transgender athletes was a focal point of national debate. Current guidelines required transgender women to complete a year of testosterone suppression therapy to compete in women’s sports. Critics argued that these measures did not fully address physiological advantages, while advocates stressed the importance of inclusion and equal opportunity. This case represented a pivotal moment in the evolving landscape of collegiate sports regulations.
The 10th U.S. Circuit Court of Appeals upheld a prior decision allowing Blaire Fleming to participate in the Mountain West Conference tournament (Associated Press, 2024). The court emphasized that the plaintiffs delayed their legal challenge, filing less than two weeks before the tournament despite knowing about Fleming’s participation since at least September 2024. The court also noted that the plaintiffs did not demonstrate clear entitlement to relief, although their claims raised substantial questions warranting further consideration (Associated Press, 2024). SJSU and Mountain West Conference officials reaffirmed their adherence to NCAA rules, highlighting that Fleming’s participation was fully compliant (ABC News, 2024).
Legal Claims:
- Title IX Violations: Plaintiffs alleged that SJSU’s actions disproportionately affected cisgender female athletes and undermined the foundational principles of Title IX.
- Retaliation Under Title IX: Batie-Smoose’s dismissal was claimed to constitute unlawful retaliation for engaging in protected activity (filing a Title IX complaint).
- Negligence and Breach of Duty: The lawsuit accused SJSU of failing to safeguard the interests of its athletes, both in terms of competitive fairness and physical safety.
Relief Sought: The plaintiffs sought:
- A court order declaring the transgender athlete ineligible for the Mountain West Conference tournament.
- An injunction vacating SJSU’s wins for the 2024 season.
- Reinstatement and damages for Batie-Smoose.
- Additional compensatory and punitive damages, along with attorney’s fees.
Current Status:
As of December 2024, the SJSU volleyball team’s season concluded with a loss to Colorado State University in the Mountain West Conference championship on November 30, 2024. Blaire Fleming, the transgender athlete, played a pivotal role, contributing significantly to the team’s performance. The controversy led to heightened security measures and fractures within the team dynamics.
Mountain West Conference Commissioner Gloria Nevarez addressed the issue publicly, stating, “It breaks my heart because they’re human beings, young people, student-athletes on both sides of this issue that are getting a lot of national negative attention” (Nevarez, 2024). She emphasized the emotional toll on all athletes involved and reaffirmed the conference’s commitment to NCAA policies on inclusion.
On December 17, 2024, during a Senate Judiciary Committee hearing, U.S. Senators Josh Hawley (R-Mo.) and John Kennedy (R-La.) questioned NCAA President Charlie Baker regarding the participation of transgender athletes in collegiate sports and its implications for fairness, safety, and compliance with federal laws (Sports Business Journal, 2024; Newsweek, 2024a).
Senators’ Position
Senator Hawley raised concerns about the impact of transgender athletes’ participation on the fairness of women’s sports. He emphasized testimonies from female athletes, such as Riley Gaines, who described feeling uncomfortable sharing locker rooms with transgender athletes, citing it as a violation of privacy (Newsweek, 2024a). Hawley argued that the NCAA’s current policies insufficiently protect cisgender female athletes and demanded clarification on the organization’s position regarding access to gender-specific facilities (Sports Business Journal, 2024). He also called for more comprehensive policies to ensure competitive equity in women’s sports.
Similarly, Senator Kennedy supported Hawley’s concerns, stressing the need for clear NCAA guidelines to address the safety and competitive fairness of all athletes (Sports Business Journal, 2024). Both senators underscored that the perspectives of cisgender female athletes must be prioritized in the policy-making process (Newsweek, 2024a).
NCAA President Baker’s Position
In response, President Baker defended the NCAA’s policies, emphasizing their compliance with Title IX, which prohibits sex-based discrimination in federally funded educational programs. He acknowledged the complexity of balancing inclusivity with fairness in collegiate sports. Baker highlighted that the NCAA provides separate male and female facilities at championship events and single-person, gender-neutral options when needed to address privacy concerns (Newsweek, 2024b).
Baker further noted that fewer than ten transgender athletes currently compete in NCAA sports, suggesting that while the issue is significant, its scope remains limited (Sports Business Journal, 2024). He assured the committee that the NCAA continually reviews its policies to adapt to evolving legal standards and societal values. However, he refrained from commenting on past decisions made before his tenure as president (Newsweek, 2024b).
Legal and Policy Implications
This hearing highlights the legal and ethical complexities surrounding the inclusion of transgender athletes in sports. The NCAA must navigate federal anti-discrimination laws, such as Title IX, while addressing concerns about competitive equity and safety. The absence of a unified national policy further complicates this landscape, leading to divergent approaches across states and institutions (Sports Business Journal, 2024; Newsweek, 2024a). The debate underscores the need for transparent, legally sound policies that uphold inclusivity without compromising fairness.
References:
ABC News. (2024). Court rejects request to sideline San Jose State volleyball player on grounds she’s transgender. Retrieved from https://abcnews.go.com/Sports
Associated Press. (2024). Judge rules in favor of San Jose State transgender athlete participation. Retrieved from https://apnews.com
ESPN. (2024). Volleyball players sue Mountain West over San Jose State player. Retrieved from https://www.espn.com/college-sports/story/_/id/42393427/volleyball-players-sue-mountain-west-san-jose-state-player
Fox News. (2024). Volleyball team leader ‘sad’ after coach’s firing. Retrieved from https://www.foxnews.com/media/san-jose-state-volleyball-team-distraught-over-coachs-firing-following-lawsuit-protect-womens-sports
Inside Higher Ed. (2024). SJSU volleyball controversy sparks national debate. Retrieved from https://www.insidehighered.com/news/diversity/sex-gender/2024/12/09/volleyball-controversy-highlights-debate-over-trans-athletes#:~:text=The%20Trans%20Athletics%20Debate,women’s%20500%2Dmeter%20freestyle%20championship.
NBC Bay Area. (2024). Member of SJSU women’s volleyball coaching staff ‘not with the team at this time’. Retrieved from https://www.nbcbayarea.com/news/sports/san-jose-state-university-member-of-womens-volleyball-coaching-staff/3697785/
Nevarez, G. (2024). Mountain West response to SJSU volleyball controversy [Press release].
New York Post. (2024). Judge makes ruling in case that decides fate. Retrieved from https://nypost.com/2024/11/25/sports/judge-makes-ruling-in-case-that-decides-fate-of-san-jose-states-transgender-volleyball-controversy/
New York Times. (2024). San Jose State volleyball’s controversial season ends. Retrieved from https://www.nytimes.com/athletic/5959244/2024/12/01/san-jose-state-volleyball-mountain-west-tournament/
Newsweek. (2024a, December 17). Josh Hawley challenges NCAA president on transgender athletes in sports. Newsweek. Retrieved from https://www.newsweek.com/josh-hawley-ncaa-president-transgender-athletes-hearing-watch-2002344
Newsweek. (2024b, December 17). NCAA president Charlie Baker addresses transgender athlete participation at Senate hearing. Newsweek. Retrieved from https://www.newsweek.com/josh-hawley-ncaa-president-transgender-athletes-hearing-watch-2002344
Sports Business Journal. (2024, December 17). NCAA President Charlie Baker questioned by senators over transgender athlete participation. Sports Business Journal. Retrieved from https://www.sportsbusinessjournal.com/Articles/2024/12/17/ncaa-charlie-baker-congressional-hearing-transgender-athlete-participation-josh-hawley-john-kennedy
About the Authors
Justin B. Kozubal is an Assistant Professor of Sport Business at Capital University, specializing in research related to sport law and risk management in sport and recreation. He resides in Marysville, Ohio, with his wife, April, and son, Cameron.
Michael S. Carroll is a Professor of Sport Management at Troy University specializing in research related to sport law and risk management in sport and recreation. He has published over 30 articles and delivered over 50 presentations at professional conferences. He lives in Orlando, FL.
