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TAKE ON THE MOUNTAIN WEST


FEMALE VOLLEYBALL PLAYERS SUE THE MOUNTAIN WEST CONFERENCE AND SAN JOSÉ STATE
UNIVERSITY

--------------------------------------------------------------------------------

Male athletes competing in women’s volleyball is a violation of Title IX and
discriminates on the basis of sex.

 * Meet the Women
 * Read the Filing
 * The Legal Team
 * Latest Coverage


VOLLEYBALL PLAYERS SUE MOUNTAIN WEST ALLEGING FIRST AMENDMENT, TITLE IX
VIOLATIONS TIED TO MALE PLAYER

November 13, 2024 by Dan Zaksheske, Outkick

A dozen women have filed a lawsuit against the Mountain West Conference and its
commissioner, along with officials at San Jose State University. They allege
violations of Title IX and of their First Amendment rights, all stemming from
the presence of transgender player Blaire Fleming on the San Jose State roster,
OutKick has learned.

The plaintiffs, which include San Jose State co-captain Brooke Slusser and two
former Spartans, as well as athletes from four other Mountain West schools,
allege the conference adopted a new “Transgender Participation Policy” in an
attempt to “chill and suppress the free speech rights of women athletes.”

The suit, which is seeking emergency injunctive relief ahead of the Mountain
West Conference volleyball tournament set to begin in Las Vegas on Nov. 27, is
the latest development in a story that has made headlines since OutKick first
reported on Fleming’s inclusion on the San Jose State roster back in April.

“The NCAA, Mountain West Conference, and college athletic directors around the
country are failing women,” said Bill Bock, lead attorney for the plaintiffs and
the pro-woman organization Independent Council On Women’s Sport (ICONS), which
is funding and backing the lawsuit.

“Because the administrators don’t have the courage to do their jobs, we have to
ask the federal courts to do their jobs for them,” Bock added. 

Read more at Outkick…

Read ICONS Press Release…


PRESS RELEASE


ICONS BACKS COACH AND ELEVEN VOLLEYBALL PLAYERS FROM FIVE UNIVERSITIES IN
LAWSUIT AGAINST NCAA MOUNTAIN WEST CONFERENCE

Las Vegas, NV – Today, the Independent Council on Women’s Sports (ICONS)
announced its support and financial backing for a critical lawsuit filed by a
coach and eleven female athletes from five universities against the Mountain
West Conference (MWC) and San Jose State University (SJSU). The lawsuit
challenges policies that have allowed a male athlete to take a women’s
volleyball scholarship and compete on the women’s team, compromising the safety,
fairness, and rights of female athletes.

ICONS proudly stands behind these collegiate female athletes and their
commitment to preserving the right to free speech and equal opportunities for
women in sports.

San Jose State volleyball captain and plaintiff, Brooke Slusser, took her story
public earlier this season and is determined to protect future athletes. “Women
must speak up now,” she states. “This lawsuit sends a clear message:
universities will face consequences for placing female athletes in harmful and
unlawful situations. We won’t ignore the differences between males and females,
and we won’t be silenced. I’m grateful to take this fight to court.”

Brooke is joined by SJSU Associate Head Coach Melissa Batie-Smoose who was
suspended for defending her female athletes. “Fairness and safety cannot exist
when male athletes are allowed to compete against women. These brave young women
deserve a safe environment and solid support. I couldn’t stay silent for another
day,” said Batie-Smoose.

Five teams, four from the MWC, have forfeited games this season in protest of
competing against a male player. Utah State University’s captain Kaylie Ray,
another plaintiff, emphasized the need for leadership. “We need leaders in the
Mountain West and NCAA to step up. Being a woman in sports has shaped my life,
and I will do everything to protect this opportunity for other girls and
women.” 

University of Nevada Reno captain Sia Liilii emphasized the need for strong
leadership, stating, “The NCAA is failing us. The Mountain West Conference is
failing us. We need leaders who will take responsibility and treat female
athletes with dignity and respect.”

Marshi Smith, Co-Founder of ICONS, underlined the lawsuit’s significance: “The
disregard for the fairness and safety of female athletes by the MWC and SJSU is
unacceptable. ICONS is honored to support these athletes in their fight for
justice. We’re fully committed to challenging policies that threaten decades of
progress in women’s sports.”

ICONS calls on SJSU and the MWC to cease enforcement of these contested policies
and begin repairing the damage done to these athletes and women’s sports.

“Leaders must stop prioritizing the needs of male athletes over the rights of
women,” said ICONS Co-Founder Kim Jones. “Supporting these lawsuits is crucial
to enacting change nationwide to protect women and girls from these unfair
environments. We invite all supporters of women’s rights to join us in giving
these athletes their day in court.”

Contribute to the legal fund:  www.takeonthemountainwest.com

Media inquiries and RSVP

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Here’s how you can make a difference:

 1. Join ICONS in supporting these courageous college women as we fund their
    lawsuit against the NCAA. Your contribution makes a crucial impact in
    advancing this cause!
 2. Sign our petition to stay updated on the progress of this case and urge the
    NCAA to revise its policies.

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ICONS IS FUNDING THIS LAWSUIT. PLEASE CONTRIBUTE NOW TO HELP THESE WOMEN REGAIN
THEIR RIGHT TO FAIR AND SAFE COMPETITION FOR WOMEN. WE NEED YOUR SUPPORT TO WIN
THIS LEGAL BATTLE!

Contribution by check please mail to:

Independent Council on Women’s Sports

10624 S Eastern Ave Ste A-1052

Henderson, NV 89052.

ICONS is a Section 501(c) (3) charitable organization. All donations are tax
deductible to the full extent provided by the law.

EIN 88-2093870

MEET THE WOMEN

Learn more about the female plaintiffs in this case.

Brooke Slusser

San José State University

Denton, Texas

 * Team Captain
 * Honorable Mention All-Mountain West

 * X
 * Instagram

Sia Liilii

University Nevada Reno

Halawa, Hawaii

 * Team Captain

 * X
 * Instagram

Kaylie Ray

Utah State University

Chandler, Arizona

 * Team Captain
 * Academic All-Mountain West
 * Mountain West Scholar-Athlete

 * Instagram

Macey Boggs

University of Wyoming

Gering, Nebraska

 * Instagram

Melissa Batie-Smoose

Associate Head Coach Women’s Volleyball
San José State University

 * X

Nicanora Clarke

University Nevada Reno

Kapolei, Hawaii

 * Instagram

Elle Patterson

IU Indianapolis

Greencastle, Indiana

 * SJSU 2023-2024
 * Transferred for 2024 season

 * X

Sierra Grizzle

University of Wyoming

Boise, Idaho

 * X
 * Instagram

Alyssa Sugai

San José State University

Ewa Beach, Hawaii

 * Instagram

Kiersten Van Kirk

Boise State University

Bozeman, Montana

 * X

Katelyn Van Kirk

Boise State University

Bozeman, Montana

 * TikTok

Jordan Sandy

University of Wyoming

Littleton, Colorado




LEGAL TEAM


WILLIAM BOCK, III, JD

 * General Council, U.S. Anti-Doping Agency 2007-2020
 * Lead Attorney in Lance Armstrong Investigation
 * Litigated Cases at Court of Arbitration for Sport

Bill Bock is a litigator with experience in sports law, athlete eligibility
disputes, sports drug testing and Title IX cases. Bill was the General Counsel
of the U.S. Anti-Doping Agency (USADA) during 2007-2020. Bill has represented
clients in high-profile investigations, litigation, and arbitration throughout
the United States. He has represented sports organizations, Fortune 500
companies, governmental agencies, and individuals. Bill has decades of
experience in international sports law matters, having conducted international
sports doping investigations, been lead counsel in numerous cases before the
international Court of Arbitration for Sport, advised international sports
organizations and governing bodies, and served as an arbitrator in cases
involving the eligibility of international athletes.

Read Bill’s WSJ Op-Ed


LATEST COVERAGE


Press Conference on NCAA Lawsuit at the 2024 NCAA Swim & Dive Championships


COLLEGE VOLLEYBALL’S SPARTAN MELTDOWN

Quillette, November 1, 2024


NO EVIDENCE SJSU INVESTIGATING CLAIM TRANS PLAYER BLAIRE FLEMING CONSPIRED TO
THROW MATCH, INJURE TEAMMATE


Outkick, November 7, 2024

San Jose State vs. San Diego State

San Jose State vs. New Mexico

San Jose State vs. Delaware




READ THE COMPLAINT






INDEPENDENT COUNCIL ON WOMEN'S SPORTS

ICONS is a network and advocacy group comprised of current and former collegiate
and professional women athletes and their families and supporters. ICONS is a
Section 501(c) (3) charitable organization, EIN 88-2093870. All donations are
tax deductible to the full extent provided by the law.

10624 S Eastern Ave Ste A-1052
Henderson, NV 89052


 * X
 * Facebook
 * Instagram
 * YouTube

 * About Us
 * What We Do
   * Legal Advocacy
   * Monthly Webinar
   * Social Media
   * ’23 Summit Videos
   * ’22 Conference
   * Science / Education
 * Lawsuits
   * Mountain West
   * NCAA Lawsuit
 * Petition
 * Media Inquiries
 * Apparel
 * Join the Network