Judge rules SJSU volleyball team eligible for Mountain West tournament amid legal battle

Federal Judge Rules SJSU Volleyball Team Eligible for Mountain West Tournament Amid Controversy

The San Jose State women’s volleyball team is officially cleared to compete in the Mountain West Conference tournament with its full roster intact. This decision came after a federal judge in Denver ruled on Monday, denying a motion that could have disqualified one of the team’s players and stripped the Spartans of several wins.

U.S. District Judge S. Kato Crews rejected the motion filed by 12 plaintiffs, which included SJSU co-captain Brooke Slusser, SJSU associate head coach Melissa Batie-Smoose, and 10 other current and former Mountain West volleyball players. The lawsuit, filed on Nov. 13, sought emergency injunctive relief to declare one of SJSU’s players, who is alleged to be transgender, ineligible for competition. The plaintiffs also aimed to have the team’s wins removed from the record.

The Mountain West tournament is set to kick off Wednesday in Las Vegas, and the ruling ensures that San Jose State will be competing at full strength. In a statement, the university expressed its satisfaction with the court’s decision, saying, “All San Jose State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules. We are gratified that the court rejected an eleventh-hour attempt to change those rules. Our team looks forward to competing in the Mountain West volleyball tournament this week.”

While the identity of the player in question has not been disclosed due to federal privacy laws, and the athlete herself has not commented publicly, the controversy surrounding her participation has sparked heated debates across the conference. ESPN has chosen not to name the player.

Judge’s Ruling Focuses on Timing, Not Fairness

In his ruling, Judge Crews did not address the fairness or safety concerns raised by the plaintiffs. Instead, he focused on the timing of the lawsuit, noting that the Mountain West’s transgender participation policy has been in place since 2022. He criticized the plaintiffs for waiting until the last minute to file their motion, stating, “… the Court finds the movants’ delay was not reasonable, there is no evidence to suggest they were precluded from seeking emergency relief earlier, and the rush to litigate these complex issues now over a mandatory injunction places a heavy lift on the MWC at the eleventh hour.”

An appeal has already been filed in the 10th Circuit Court in Denver. Attorney William Bock, representing the plaintiffs, announced plans to ask the Court of Appeals “to protect the women volleyball players who are about to compete for a conference championship.” A date for the appeal has not yet been set.

Forfeits and Protests Add Fuel to the Fire

The controversy has already had a significant impact on the Mountain West season. Four teams—Boise State, Wyoming, Utah State, and Nevada—chose to forfeit their matches against San Jose State this year. While none of the schools have explicitly stated their reasons for the forfeits, Nevada players held a rally in Reno on Oct. 26 advocating for the exclusion of transgender women from women’s sports. Earlier in the season, Southern Utah University of the Western Athletic Conference became the first team to refuse to play SJSU, canceling their match scheduled for Sept. 14.

Adding to the drama, Utah Gov. Spencer Cox intervened on behalf of Utah State, supporting the lawsuit in part. The state argued that the Mountain West’s transgender athlete policy violates Title IX and requested injunctive relief to prevent the policy from being enforced during the upcoming tournament.

SJSU’s Road to the Tournament

Despite the controversy, San Jose State has had a strong season, finishing with a 12-6 record and earning the No. 2 seed in the Mountain West tournament. Notably, six of those 12 wins came via forfeit. The top six teams in the conference qualified for the tournament, with the top two seeds receiving a bye into the semifinals. SJSU is set to face the winner of the Utah State-Boise State game on Friday—two teams that forfeited their regular-season matches against the Spartans.

Head coach Todd Kress expressed his pride in the team, telling ESPN, “We are excited to have the opportunity to represent San Jose State University and the 19 young women who have so valiantly helped us get to this point.”

Meanwhile, Utah State’s Kaylie Ray and Boise State’s Katelyn Van Kirk and Kiersten Van Kirk were among the 12 plaintiffs in the lawsuit. Neither Boise State nor Utah State responded to requests for comment regarding the upcoming matchup.

What’s Next?

The winner of the Mountain West tournament will receive an automatic bid to the NCAA tournament, which begins on Dec. 5. The NCAA tournament bracket is set to be revealed this Sunday, adding even more anticipation to an already dramatic season.

As the Spartans prepare to take the court, the legal battles and protests surrounding their season remain unresolved. With an appeal pending and emotions running high, this story is far from over. For now, though, San Jose State is focused on one thing: winning the Mountain West title.