Volleyball Players Sue NCAA Mountain West Conference

Female Volleyball Players Sue the Mountain West Conference and San José State University

Male athletes competing in women’s volleyball is a violation of Title IX and discriminates on the basis of sex.

Volleyball Players Sue Mountain West Alleging First Amendment, Title IX Violations Tied To Male Player

November 13, 2024 by Dan Zaksheske, Outkick

A dozen women have filed a lawsuit against the Mountain West Conference and its commissioner, along with officials at San Jose State University. They allege violations of Title IX and of their First Amendment rights, all stemming from the presence of transgender player Blaire Fleming on the San Jose State roster, OutKick has learned.

The plaintiffs, which include San Jose State co-captain Brooke Slusser and two former Spartans, as well as athletes from four other Mountain West schools, allege the conference adopted a new “Transgender Participation Policy” in an attempt to “chill and suppress the free speech rights of women athletes.”

The suit, which is seeking emergency injunctive relief ahead of the Mountain West Conference volleyball tournament set to begin in Las Vegas on Nov. 27, is the latest development in a story that has made headlines since OutKick first reported on Fleming’s inclusion on the San Jose State roster back in April.

“The NCAA, Mountain West Conference, and college athletic directors around the country are failing women,” said Bill Bock, lead attorney for the plaintiffs and the pro-woman organization Independent Council On Women’s Sport (ICONS), which is funding and backing the lawsuit.

“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.

ICONS Backs Coach and Eleven Volleyball Players from Five Universities in Lawsuit Against NCAA Mountain West Conference

Las Vegas, NV – Today, the Independent Council on Women’s Sports (ICONS) announced its support and financial backing for a critical lawsuit filed by a coach and eleven female athletes from five universities against the Mountain West Conference (MWC) and San Jose State University (SJSU). The lawsuit challenges policies that have allowed a male athlete to take a women’s volleyball scholarship and compete on the women’s team, compromising the safety, fairness, and rights of female athletes.

ICONS proudly stands behind these collegiate female athletes and their commitment to preserving the right to free speech and equal opportunities for women in sports.

San Jose State volleyball captain and plaintiff, Brooke Slusser, took her story public earlier this season and is determined to protect future athletes. “Women must speak up now,” she states. “This lawsuit sends a clear message: universities will face consequences for placing female athletes in harmful and unlawful situations. We won’t ignore the differences between males and females, and we won’t be silenced. I’m grateful to take this fight to court.”

Brooke is joined by SJSU Associate Head Coach Melissa Batie-Smoose who was suspended for defending her female athletes. “Fairness and safety cannot exist when male athletes are allowed to compete against women. These brave young women deserve a safe environment and solid support. I couldn’t stay silent for another day,” said Batie-Smoose.

Five teams, four from the MWC, have forfeited games this season in protest of competing against a male player. Utah State University’s captain Kaylie Ray, another plaintiff, emphasized the need for leadership. “We need leaders in the Mountain West and NCAA to step up. Being a woman in sports has shaped my life, and I will do everything to protect this opportunity for other girls and women.”

University of Nevada Reno captain Sia Liilii emphasized the need for strong leadership, stating, “The NCAA is failing us. The Mountain West Conference is failing us. We need leaders who will take responsibility and treat female athletes with dignity and respect.”

Marshi Smith, Co-Founder of ICONS, underlined the lawsuit’s significance: “The disregard for the fairness and safety of female athletes by the MWC and SJSU is unacceptable. ICONS is honored to support these athletes in their fight for justice. We’re fully committed to challenging policies that threaten decades of progress in women’s sports.”

ICONS calls on SJSU and the MWC to cease enforcement of these contested policies and begin repairing the damage done to these athletes and women’s sports.

“Leaders must stop prioritizing the needs of male athletes over the rights of women,” said ICONS Co-Founder Kim Jones. “Supporting these lawsuits is crucial to enacting change nationwide to protect women and girls from these unfair environments. We invite all supporters of women’s rights to join us in giving these athletes their day in court.”

Contribute to the legal fund: www.takeonthemountainwest.com

Media inquiries and RSVP

Here’s how you can make a difference:

Join ICONS in supporting these courageous college women as we fund their lawsuit against the NCAA. Your contribution makes a crucial impact in advancing this cause!
Sign our petition to stay updated on the progress of this case and urge the NCAA to revise its policies.

ICONS is funding this lawsuit. Please contribute now to help these women regain their right to fair and safe competition for women. We need your support to win this legal battle!

Contribution by check please mail to:

Independent Council on Women’s Sports

10624 S Eastern Ave Ste A-1052

Henderson, NV 89052.

ICONS is a Section 501(c) (3) charitable organization. All donations are tax deductible to the full extent provided by the law.

EIN 88-2093870

Meet the Women

Learn more about the female plaintiffs in this case.

Brooke Slusser

San José State University

Denton, Texas

Team Captain
Honorable Mention All-Mountain West

Sia Liilii

University Nevada Reno

Halawa, Hawaii

Team Captain

Kaylie Ray

Utah State University

Chandler, Arizona

Team Captain
Academic All-Mountain West
Mountain West Scholar-Athlete

Macey Boggs

University of Wyoming

Gering, Nebraska

Melissa Batie-Smoose

Associate Head Coach Women’s Volleyball
San José State University

Nicanora Clarke

University Nevada Reno

Kapolei, Hawaii

Elle Patterson

IU Indianapolis

Greencastle, Indiana

SJSU 2023-2024
Transferred for 2024 season

Sierra Grizzle

University of Wyoming

Boise, Idaho

Alyssa Sugai

San José State University

Ewa Beach, Hawaii

Kiersten Van Kirk

Boise State University

Bozeman, Montana

Katelyn Van Kirk

Boise State University

Bozeman, Montana

Jordan Sandy

University of Wyoming

Littleton, Colorado

Legal Team

William Bock, III, JD

General Council, U.S. Anti-Doping Agency 2007-2020
Lead Attorney in Lance Armstrong Investigation
Litigated Cases at Court of Arbitration for Sport

Bill Bock is a litigator with experience in sports law, athlete eligibility disputes, sports drug testing and Title IX cases. Bill was the General Counsel of the U.S. Anti-Doping Agency (USADA) during 2007-2020. Bill has represented clients in high-profile investigations, litigation, and arbitration throughout the United States. He has represented sports organizations, Fortune 500 companies, governmental agencies, and individuals. Bill has decades of experience in international sports law matters, having conducted international sports doping investigations, been lead counsel in numerous cases before the international Court of Arbitration for Sport, advised international sports organizations and governing bodies, and served as an arbitrator in cases involving the eligibility of international athletes.

Read Bill’s WSJ Op-Ed

Latest Coverage

Press Conference on NCAA Lawsuit at the 2024 NCAA Swim & Dive Championships

College Volleyball’s Spartan Meltdown

Quillette, November 1, 2024

No Evidence SJSU Investigating Claim Trans Player Blaire Fleming Conspired To Throw Match, Injure Teammate

Outkick, November 7, 2024

SJSU’s male player, Blaire Fleming blasts another strike to the face of a female opponent in tonight’s match up with @AztecVB pic.twitter.com/hbw9iC6SxH
— ICONS (@icons_women) October 11, 2024

San Jose State vs. San Diego State

UNSAFE‼️ Another female player smashed by a kill from SJSU’s male starter, Blaire Fleming, in tonight’s match against @UNMLoboVB.pic.twitter.com/qydBd1m8Od
— ICONS (@icons_women) October 18, 2024

San Jose State vs. New Mexico

San Jose State vs. Delaware

Take on the Mountain West

Female Volleyball Players Sue the Mountain West Conference and San José State University

Volleyball Players Sue Mountain West Alleging First Amendment, Title IX Violations Tied To Male Player

ICONS is funding this lawsuit. Please contribute now to help these women regain their right to fair and safe competition for women. We need your support to win this legal battle!

Meet the Women

Legal Team

William Bock, III, JD

Latest Coverage

College Volleyball’s Spartan Meltdown

No Evidence SJSU Investigating Claim Trans Player Blaire Fleming Conspired To Throw Match, Injure Teammate

Read the Complaint