New lawsuit filed over transgender player on San Jose State women's volleyball team
As San Jose State University women's volleyball team gears up for their final games of the regular season, a new lawsuits are challenging their post-season eligibility.
Throughout the season, the team has been in the spotlight after a co-captain of the team, Brooke Slusser, joined a lawsuit against her teammate's participation.
It claims the player is transgender and challenges NCAA policies that allows trans women to compete. Several MWC schools forfeited their matches against SJSU during the regular season.
Mountain West commissioner Gloria Nevarez has said she is heartbroken over what has transpired this season surrounding the Spartans and their opponents.
Wednesday, Slusser, now-suspended assistant coach Melissa Batie-Smoose, and a number of other current and former Mountain West Conference players, filed a second lawsuit.
This one says the transgender player should be ineligible for the MWC tournament because the transgender athlete is "male" and not allowed to play in women's volleyball.
"This is just one of, unfortunately, the many attacks that trans students, especially trans women and girls, are facing when it comes to participation in sports," said Shiwali Patel.
Patel is the Senior Director of Safe and Inclusive Schools with the National Women's Law Center.
The organization track cases like these that they say threaten transwomen and girls ability to play sports.
The NWLC will file an amicus brief in the case, arguing to the court that trans women should be included.
"When tran swomen and girls are excluded from women's sports, we've seen that it harm all of us, including cis women and girls, because it invites gender policing," said Patel.
The suit names the athlete and refers to her as a "trans-identifying male." The athlete has not discussed the issue publicly and CBS Bay Area will not be identifying her.
Co-founder of ICONS, the Independent Council on Women's Sports, Kim Jones says her organization has been counselling some of the plaintiffs.
"We were contacted by female athletes across the Mountain West Conference and their families concerned and frustrated, very upset about what was happening to them," said Jones.
She says it violates title IX which prohibits sex discrimination in federally funded educational programs.
"Those opportunities are being attacked and dwindled away to protect men who would like those opportunities for themselves," said Jones.
She believes that that athletes that are assigned male at birth have an athletic advantage, and that no amount of hormone therapy can change that.
"The effects of testosterone and male development begin in the womb and they are permanent," said Jones.
But Patel argues that trans athlete participation doesn't impact title IX.
The conference said in a statement:
"The Mountain West Conference prioritizes the best interests of our student-athletes and takes great care to adhere to NCAA and MW policies. While we are unable to comment on the pending litigation of this particular situation, we take seriously all concerns of student-athlete welfare and fairness."
SJSU also said they've received the complaint and will review it and respond appropriately.
It's unclear if those teams that have forfeited games to the Spartans would choose to drop out of the tournament if San Jose State plays.
The lawsuit is adding more fuel to a debate taking place across the country over the participation of transgender women in sports.
The new suit includes allegations that San Jose State officials tried to silence people on the team who questioned the transgender player's presence. It's not clear when the complaint might be heard in court.