SJSU Volleyball Scandal Lawsuit Tied to Supreme Court Trans Athlete Cases

Federal judge defers ruling on Title IX claims against SJSU and CSU system pending Supreme Court decision on transgender athletes

Published on Mar. 4, 2026

Got story updates? Submit your updates here. ›

A lawsuit filed by former San Jose State University women's volleyball co-captain Brooke Slusser against the school and Mountain West Conference over her experience with a transgender teammate is set to be impacted by an upcoming Supreme Court ruling on transgender athlete cases. A federal judge dismissed charges against the Mountain West Conference but deferred a ruling on Title IX violation claims against SJSU and the California State University system, pending the Supreme Court's decision in the B.P.J. v. West Virginia case expected in June.

Why it matters

This case highlights the ongoing legal battles over transgender athletes' participation in women's sports, with the outcome potentially setting a precedent that could affect similar cases across the country. The SJSU volleyball scandal has raised concerns about the impact of including transgender athletes on women's teams and the potential violations of Title IX protections for female athletes.

The details

In the lawsuit, Slusser alleged that she was forced to share bedrooms and changing spaces with transgender teammate Blaire Fleming, who is a biological male, without being informed. The federal judge dismissed all charges against the Mountain West Conference but did not dismiss the Title IX violation claims against SJSU and the CSU system, deferring that ruling until after the Supreme Court's decision in the B.P.J. v. West Virginia case. Slusser's attorney expects a ruling in favor of West Virginia, which would bolster their case against SJSU.

  • The lawsuit was filed by Slusser in fall 2024.
  • The federal judge made a ruling on the motion to dismiss on Tuesday, March 4, 2026.
  • The Supreme Court is expected to issue its ruling in the B.P.J. v. West Virginia case in June 2026.

The players

Brooke Slusser

Former co-captain of the San Jose State University women's volleyball team who filed the lawsuit against the school and Mountain West Conference.

Blaire Fleming

Transgender teammate of Slusser on the SJSU women's volleyball team, who is a biological male.

Kato Crews

Federal judge who deferred ruling on the Title IX claims against SJSU and the CSU system until after the Supreme Court's decision in the B.P.J. v. West Virginia case.

Bill Bock

Attorney representing Slusser and the Independent Council on Women's Sports, who expects a favorable ruling for his client from the Supreme Court.

Jeff Konya

San Jose State University Athletic Director who said the school handled the situation involving Fleming appropriately.

Got photos? Submit your photos here. ›

What’s next

The judge, Kato Crews, is expected to rule on the Title IX violation claims against SJSU and the CSU system after the Supreme Court issues its decision in the B.P.J. v. West Virginia case, which is expected in June 2026. Slusser's attorney, Bill Bock, also said it is "likely" that his team will appeal the dismissal of charges against the Mountain West Conference.

The takeaway

This case highlights the ongoing legal battles over transgender athletes' participation in women's sports, with the outcome potentially setting a precedent that could affect similar cases across the country. The SJSU volleyball scandal has raised concerns about the impact of including transgender athletes on women's teams and the potential violations of Title IX protections for female athletes.