MW volleyball tournament comes to UNLV amid transgender controversy

UNLV is dealing with a new issue ahead of the Mountain West volleyball tournament: Making sure there are enough chairs in press row.

National outlets ranging from Outkick to ESPN are sending reporters to cover a season-long controversy over an alleged transgender player on San Jose State’s roster.

Six teams made the tournament, which takes place Wednesday through Saturday at Cox Pavilion. The winner earns the conference title and an NCAA Tournament bid.

Four Mountain West schools — Boise State, UNR, Utah State and Wyoming — forfeited a combined six games to the Spartans this season. Those wins helped San Jose State secure the No. 2 seed in the tournament and earn a bye into the semifinals.

The Spartans’ first match will be 4 p.m. Friday against the winner of Wednesday’s match between No. 3 Utah State and No. 6 Boise State. Neither the Aggies nor the Broncos have indicated if they would forfeit against San Jose State like they did in the regular season.

The Mountain West said in a statement to the Review-Journal on Tuesday it does anticipate “increased media coverage” of this year’s tournament, but its “preparation remains the same as any other year.”

Legal affair

The conference is limited in what it can say about the controversy. The Mountain West is one of many defendants in a lawsuit filed by 12 women Nov. 13.

The group of plaintiffs includes at least two players from each conference school that forfeited to the Spartans this season. They say their rights to freedom of speech and protection from discrimination based on sex are being infringed upon by the Mountain West’s policy, which allows transgender players to participate in sports in accordance with global governance guidelines.

A judge from the U.S. District Court for Colorado denied the players’ request for an emergency injunction Monday to reseed the tournament, disqualify San Jose State or prevent the Spartans’ alleged transgender player from participating.

The players appealed, but they were denied again Tuesday by the 10th U.S. Circuit Court of Appeals

‘Spartan resilience’

San Jose State co-captain Brooke Slusser is one of the plaintiffs in the lawsuit against the Mountain West. Spartans coach Todd Kress and San Jose State university are among the defendants, along with conference commissioner Gloria Nevarez.

Slusser joined a separate lawsuit against the NCAA in September, saying she wanted senior outsider hitter Blaire Fleming removed from the team. Slusser claimed Fleming’s gender identity was hidden by the team, which assigned the pair as roommates for road trips before Slusser overheard a conversation between two students who said Fleming was a “dude.”

Fleming has not spoken about her gender identity. San Jose State is not obligated to confirm whether it has a transgender player on its roster, and has opted to respond by saying all of its players are eligible to play according to NCAA and Mountain West rules.

Slusser and Fleming don’t interact during games, but they were listed side-by-side as All-Mountain West honorable mentions Tuesday.

Despite making extensive claims of mistreatment and risk of harm by San Jose State, Slusser has continued to take the court with Fleming while actively cooperating with a legal effort for her teammate and team to be removed from the postseason.

San Jose State athletics director Jeff Konya released a statement Tuesday in response to the appeal decision, alluding to the hardship the lawsuit has brought the program.

“Over the past week and a half, legal challenges to Mountain West Conference rules and policies have been adjudicated in court and denied. The team looks forward to starting Mountain West Conference tournament competition,” Konya said. “Our student athletes and our Athletics administration and staff have navigated this unprecedented situation with Spartan resilience. The fact that they have come to this point of the season as a team standing together on the volleyball court is a testament to their strength and passion for their sport.”

The No. 7 seed

Before UNR’s volleyball players appeared at a “Women’s Sports are for Women Only,” rally last month, team captain Sia Liilii told the Review-Journal the protest efforts weren’t about Fleming. She shared concerns about safety and unfairness.

“Strong female athletes shouldn’t have to not be in the tournament due to that. But I do hope that the conference can just come out and protect us and protect our Title IX rights,” Liilii said. “I would hate to see whoever is that seventh seed, because San Jose took all those forfeit wins.”

The first team out of the tournament ended up being UNLV, which beat San Jose State twice.

Two Rebels were All-Mountain West honorable mentions Tuesday: Freshman outside hitter Basia Latos and senior opposite hitter Chloe Thomas.

“We’ve gotten an education about it so we know where we all stand,” Thomas told the Review-Journal. “We don’t want to be on that side. We want to be on the side of acceptance. We want to be on the side of diversity, because that’s what our university represents. So I think that being part of our team identity helps us move through the adversity.”

Contact Callie Fin at cfin@reviewjournal.com. Follow @CallieJLaw on X.