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EXCLUSIVE: The lawsuit led by former San Jose State University women’s volleyball co-captain Brooke Slusser after her experience with a transgender teammate appears to be directly influenced by decisions in an ongoing Supreme Court case regarding trans athletes.
Slusser filed the lawsuit against representatives of her school and the Mountain West Conference in the fall of 2024 after she was allegedly forced to share dormitories and locker rooms with trans teammate Blaire Fleming for an entire season without being informed that Fleming is a biological man.
A federal judge ruled on the motion to dismiss Slusser v. Mountain West on Tuesday. Colorado District Judge Kato Crews dismissed all of the plaintiffs’ charges against the Mountain West Conference, but did not dismiss charges of Title IX violations against representatives of SJSU and the California State University (CSU) system.
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Left, Brooke Slusser (10) of the San Jose State Spartans serves the ball during the first set against the Air Force Falcons at Falcon Court at East Gym in Colorado Springs, Colorado, on October 19, 2024. Right, Blaire Fleming #3 of the San Jose State Spartans looks on during the third set against the Air Force Falcons at Falcon Court at East Gym on October 19, 2024 in Colorado Springs, Colorado. (Andrew Wevers/Getty Images; Andrew Wevers/Getty Images)
Crews deferred his decision on whether to dismiss those charges until after the decision in the ongoing West Virginia Supreme Court case against BPJ, which is expected to come in June.
“The motion to dismiss the class-action allegations is denied,” Crews wrote in his decision. “What remains of the amended complaint are plaintiffs’ Title IX damages claims against the CSU Board… Therefore, the Court defers ruling on the Title IX damages claims until after the Supreme Court has issued its ruling in BPJ.“
The CSU provided a statement to Pak Gazette Digital in response to Crews’ ruling.
“CSU is pleased with the court’s ruling. SJSU has complied with Title IX and all applicable laws, and will continue to do so,” the statement read.
Slusser’s attorney, Bill Bock of the Independent Women’s Sports Council, is hoping for a Supreme Court ruling in favor of the legal defense representing West Virginia, thus helping her case.
“We look forward to the case moving forward,” Bock told Pak Gazette Digital.
“I think the court is going to find that Title IX operates on the basis of biological sex, regardless of the offender or professed gender, and just as Congress and the members of Congress who passed Title IX in 1972 allowed this specifically provided in the regulations that there had to be separate teams of men and women based on biological sex, I think the court will see that that is the original meaning of the statute and apply it that way, and I think it will be a big victory in women’s sports.”
The Supreme Court’s conservative majority appeared poised to rule in West Virginia’s favor after oral arguments on Jan. 13.
Slusser spoke on the steps of the Supreme Court on Jan. 13 as oral arguments took place inside, sharing his experience with a divided crowd of opposition protesters.
Bock also said it is “likely” his team will appeal the dismissal of the charges against Mountain West.
“There is a real error in the dismissal of the Mountain West conference,” Bock said. “I think it’s very likely that an appeal will be filed.”
The Mountain West responded in a statement provided to Pak Gazette Digital.
“We appreciate the Court’s thorough review of the allegations. We are pleased that the Court granted Mountain West and Commissioner Nevarez’s motions to dismiss them in their entirety. We remain focused on supporting our member institutions and student-athletes,” the statement read.
Judge Crews was appointed by former President Joe Biden in January 2024.
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Crews previously ruled to allow SJSU trans athlete Blaire Fleming to continue playing college volleyball in the Mountain West tournament after Slusser and her co-plaintiffs sought a preliminary injunction to have Fleming declared ineligible in November 2024.
“I just have a disagreement with him regarding what the law is, and particularly regarding Title IX,” Bock said of Crews.
With Fleming on its roster, SJSU reached the 2024 conference finals by virtue of a loss to Boise State in the semifinal round. SJSU lost in the finals to Colorado State.
Slusser developed an eating disorder due to anxiety and trauma from the scandal and dropped out of classes the following semester. The eating disorder became so severe that Slusser said she lost her menstrual cycle for nine months. His decision to drop his classes resulted in the loss of his scholarship, and his parents said they had to foot the bill out of pocket for an unfinished final semester of college.
President Donald Trump’s Department of Education determined in January that SJSU violated Title IX in its handling of the situation involving Fleming, and has given the university an ultimatum to accept a series of resolutions or face a referral to the Justice Department.
Among the department’s findings, it was determined that an athlete discovered that the trans student allegedly conspired to have a member of an opposing team punch her in the face during a game. ED states that “SJSU did not investigate the conspiracy, but later subjected the athlete to a Title IX complaint for ‘misgendering’ the male athlete in videos and online interviews.”
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SJSU athletic director Jeff Konya told Pak Gazette Digital in an interview in July that he was pleased with the way the university handled the situation involving Fleming.
“I think everyone acted in the best way possible, given the circumstances,” Konya said.
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