The next level: Fight over volleyball player victimized by transgender agenda awaits Supreme Court decision
A federal judge holding court in the far-left political enclave of Colorado has announced a decision to dismiss counts against the Mountain West Conference in a lawsuit by former San Jose State University women’s volleyball co-captain Brooke Slusser over the situation that forced her to share locker room and motel room spaces with a man.
But the case continues against San Jose State and the California State University system. Further, it all is on hold pending a determination from the U.S. Supreme Court on what is allowed in such situations where education bureaucrats use students to promote their transgender agenda.
Judge Kato Crews, operating in the leftist environment in Colorado where the governor’s office, held by homosexual Jared Polis, both houses of the legislature and even the state Supreme Court all are controlled by the Democrats’ agenda, dismissed Slusser’s claims against the conference, leaving counts against the school and state system intact.
But Crews included in his ruling, “The court defers ruling on the Title IX damages claims until after the Supreme Court has issued its ruling in B.P.J.”
The high court just weeks ago heard arguments in that case from West Virginia, along with a similar case from Idaho, and the dispute is whether states can provide that women’s athletic teams are open to women only, or whether men who say they are women can join.
Analysts have said that the court appears likely to affirm state laws that ban transgender athletes from being on girls’ and women’s sports teams.
That looming decision will impact more than half the country, as Idaho and West Virginia are among the 27 states that have adopted laws forbidding men from participation on teams for females.
The two cases heard by the court were brought by Lindsay Hecox of Idaho and Becky Pepper-Jackson of West Virginia. Hecox tried to have her case dropped, and analysts said the activists pushing the agenda feared a negative precedent for their cause from the high court, but the justices would not allow that to happen.
Critics of the transgender agenda say allowing men on teams for women destroys the progress made since Title IX as adopted 50 years ago to provide for equal opportunities for women in sports.
At the time the law was adopted by Congress, “sex” was understood to mean biological sex at birth, not a mental state adopted later in life.
After Crews’ opinion was released, CSU said, “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.”
But Slusser’s lawyer, Bill Bock, told Fox News, “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 scandal over the transgender athlete at San Jose State, Blaire Fleming, erupted in 2024.
BREAKING: U.S. Department of Education’s Office for Civil Rights Finds San José State University Violated Title IX
Brooke Slusser and Melissa Batie-Smoose stood up for the protection of women’s sports and spaces, enduring slander, harassment, bullying and the loss of their…
— XX-XY Athletics (@xx_xyathletics) January 28, 2026
TITLE IX TURMOIL Trump administration determines SJSU violated Title IX involving trans athlete Blaire Fleming. Brooke Slusser’s parents praise the crackdown after their daughter said she endured an eating disorder and lost her scholarship. https://t.co/7nsUQUozyE
— Fox News Sports (@FoxNewsSports_) February 5, 2026
Brooke Slusser was forced to compete against a MAN pretending to be a woman and was criticized for speaking out.
It caused her so much stress & anxiety that it affected her physical health and she couldn’t finish college.
This happened at @SJSUpic.twitter.com/kIeSQhUHFw
— Libs of TikTok (@libsoftiktok) December 1, 2025
WorldNetDaily also has reported when a report from the Department of Education found San Jose State “caused significant harm to female athletes” by pursuing a transgender agenda in its athletics.
The federal department faulted the school for its decision to be “allowing a male [Blaire Fleming] to compete on the women’s volleyball team – creating unfairness in competition, compromising safety, and denying women equal opportunities in athletics, including scholarships and playing time.”
“Even worse, when female athletes spoke out, SJSU retaliated—ignoring sex-discrimination claims while subjecting one female SJSU athlete to a Title IX complaint for allegedly ‘misgendering’ the male athlete competing on a women’s team. This is unacceptable. We will not relent until SJSU is held to account for these abuses and commits to upholding Title IX to protect future athletes from the same indignities,” Kimberly Richey, ED assistant secretary for civil rights, told Fox.
Further, the report said, “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.'”
One of the results was Slusser’s lawsuit against the conference and school.
Her claims for damages point out she dropped out of class, lost her scholarship and was forced to pay for tuition and housing. She is finishing her education elsewhere.
The federal government has told the school to release a public statement “that SJSU will adopt biology-based definitions of the words ‘male’ and ‘female’ and acknowledge that the sex of a human – male or female – is unchangeable.”
It further must follow Title IX by separating sports and intimate facilities based on biology, and “restore to individual female athletes all individual athletic records and titles misappropriated by male athletes competing in women’s categories, and issue a personalized letter of apology on behalf of SJSU to each female athlete for allowing her participation in athletics to be marred by sex discrimination,” the report said.
The school also must apologize to players on opposing teams who forfeited rather than play against a man.
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.”
Crews, pushing the leftist transgender agenda, earlier had allowed Fleming to continue his career on the women’s team.
“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 report said.