A lawsuit involving Utah State University, among other universities, against San Jose State University has raised questions regarding the inclusion of transgender athletes in collegiate women’s volleyball. 

Ten members of the USU team, both players and a coach, entered into a lawsuit against San Jose State on Nov. 19. However, the conflict arose earlier in November when other individuals from five different universities expressed concerns about the NCAA’s 2024 Mountain West Volleyball tournament. 

Players on Utah State’s women’s volleyball team, including junior Kaylie Rae, spoke out about Blaire Fleming, an outside hitter for San Jose State, and their ability to play in the women’s tournament and regular-season matches because Fleming was born male. 

The suit has caused controversy between all sides of the sport and the collegiate competition community. Utah State took to forfeiting their match against SJSU earlier in the season due to Fleming playing in the matches. This forfeit resulted in a conference loss and impacted USU’s overall standing this season.

Other universities, such as Boise State and Southern Utah University, did the same. USU student-athletes chose to take legal action because of Title IX violations and unequal competition due to Fleming being “genetically” taller and stronger than other female collegiate players because of male origin at birth. 

Kaylie Rae, a co-captain of Utah State’s women’s volleyball team, has primarily been the face of the school’s involvement in the case. After speaking out about Fleming’s performance as an athlete, Rae believes that the school’s allowance of Fleming to play on SJSU’s team violates Title IX. 

Title IX protects people from sexual misconduct, including sexual discrimination and also protects fair competition based on gender.

Players from Boise State, USU and some SJSU have argued that Fleming poses an unfair advantage in women’s volleyball and presents safety concerns.  

USU freshman and social work major Hannah Mair has noticed the significance of Title IX being involved in the case and has researched what is currently being discussed. 

“I think this lawsuit is a very touchy subject. There are a lot of opinions about the topic,” Mair said. “I know that Title IX is included in this situation; it is a little crazy. It’s important to do more research when learning about what is happening.”

This suit against SJSU and Fleming aimed to keep the player out of the Mountain West tournament. However, the federal court overruled the motion in Denver, Colorado, and Fleming was allowed to participate in the competition. The court deemed it ‘too disruptive’ as it occurred the day before the competition started. 

In a KSL interview, Rae disagreed with the court ruling, saying that allowing Fleming to still compete “in a women’s sport has been more disruptive“ than denying clearance to play. 

The NCAA instituted guidelines for transgender athletes registered to collegiate teams in 2022. These include testosterone level tests and, if needed, changing the status of a female or male team to a “mixed team.” These levels need to be documented at the start of the athletes’ respective seasons, six months later and four weeks before a tournament or other championship-level competition. 

The Colorado federal court and Mountain West Conference considered these guidelines when deciding to sideline and remove Fleming from competition, ultimately discarding the conflict.  

Utah Gov. Spencer Cox has spoken out against NCAA regulations and their impacts on women’s collegiate sports. 

“The NCAA, Mountain West Conference, and other institutions across the nation have failed to take action, thereby undermining vital protections and putting female athletes at risk,” Cox said in a public statement. 

Fleming and the SJSU team traveled to the MWV tournament in Las Vegas and played the weekend of Nov. 27; the team made it to the finals, where they lost to Colorado State. Co-captain Brooke Slusser of the SJSU Spartans has since spoken out against Fleming’s participation in the tournament. 

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