SJSU volleyball scandal lawsuit could be impacted by Supreme Court trans athlete cases after judge’s decision

EXCLUSIVE: The lawsuit led by former 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. 

 

Crews deferred his ruling on whether to dismiss those charges to after the decision in the ongoing B.P.J. v 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 courts 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. 

“Were 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 mens and womens 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 its going to be a big win in womens sports.”

The 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. 

“Theres 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 Courts thorough review of the allegations. We are pleased the Court granted the Mountain Wests and Commissioner Nevarezs 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 in January 2024.

Crews previously ruled to allow SJSU’s trans athlete, Blaire Fleming, to continue playing college volleyball in 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 b