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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 set to be directly influenced by the decisions in an ongoing Supreme Court case on trans athletes.
Slusser filed the lawsuit against representatives of her school and the Mountain West Conference in fall 2024 after she allegedly was made to share bedrooms and changing spaces with trans teammate Blaire Fleming for a whole season without being informed that Fleming is a biological male.
A federal judge made a ruling in the Slusser v. Mountain West case’s motion to dismiss on Tuesday. Colorado District Judge Kato Crews dismissed all 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 Oct. 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 ruling on whether to dismiss those charges to after the decision in the ongoing B.P.J. v West Virginia Supreme Court case, which is expected to come in June.
“The Motion to Strike Class Allegations is denied,” Crews wrote in his decision. “What remains of the Amended Complaint is Plaintiffs’ Title IX claims for damages against the CSU Board… So the Court defers ruling on the Title IX damages claims until after the Supreme Court has issued its ruling in B.P.J.“
The CSU provided a statement to Fox News Digital in response to Crews’ ruling.
“CSU is pleased with the court’s ruling. SJSU has complied with Title IX and all applicable law, and it will continue to do so,” the statement read.
Slusser’s attorney, Bill Bock of the Independent Council on Women’s Sports, expects a Supreme Court ruling in favor of the legal defense representing West Virginia, thus helping his case.
“We’re looking forward to the case going forward,” Bock told Fox News Digital.
“I believe that the court is going to find that Title IX operates on the basis of biological sex, without regard to an assailant or professed gender, and so just like the congress and the members of congress that passed Title IX in 1972, allowed this specifically provided for in the regulations that there had to be separate men’s and women’s teams based on biological sex, I think the court is going to see that is the original meaning of the statute and apply it in that way, and I think it’s going to be a big win in women’s sports.”
The Supreme Court’s conservative majority appeared prepared to rule in favor of West Virginia after oral arguments on Jan. 13.
Slusser spoke on the steps of the Supreme Court on Jan. 13 while oral arguments took place inside, sharing her experience with a divided crowd of opposing protesters.
Bock also said it is “likely” that his team will appeal the dismissal of charges against the Mountain West.
“There’s a real flaw in the dismissal of the Mountain West conference,” Bock said. “I think an appeal is very likely.”
The Mountain West has responded in a statement provided to Fox News Digital.
“We appreciate the Court’s thorough review of the allegations. We are pleased the Court granted the Mountain West’s and Commissioner Nevarez’s motions to dismiss in their entirety. We remain focused on supporting our member institutions and student‑athletes,” the statement read.
The judge, Crews, was appointed by former President Joe Biden in January 2024.
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Crews previously ruled to allow SJSU’s trans athlete, Blaire Fleming, to continue playing college volleyball into the Mountain West tournament after Slusser and her co-plaintiffs made a request for a preliminary injunction to have Fleming ruled ineligible, in November 2024.
“I simply have a disagreement with him regarding what the law is, and particularly with respect to Title IX,” Bock said of Crews.
With Fleming on its roster, SJSU reached the 2024 conference final by virtue of a forfeit by Boise State in the semifinal round. SJSU lost in the final to Colorado State.
Slusser went on to develop an eating disorder due to the anxiety and trauma from the scandal, and dropped out of her classes the following semester. The eating disorder became so severe, that Slusser said she lost her menstrual cycle for nine months. Her decision to drop her classes resulted in the loss of her scholarship, and her 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 agree to a series of resolutions or face a referral to the Department of Justice.
Among the department’s findings, it determined that a female athlete discovered that the trans student allegedly conspired to have a member of an opposing team spike her in the face during a match. ED claims that “SJSU did not investigate the conspiracy, but later subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews.
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SJSU Athletic Director Jeff Konya told Fox News Digital in a July interview that he was satisfied with how the university handled the situation involving Fleming.
“I think everybody acted in the best possible way they could, given the circumstances,” Konya said.
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