Lawsuits

Mountain West

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…

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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!

Meet the Women

Learn more about the female plaintiffs in this case.

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Brooke Slusser

San José State University
Denton, Texas

Team Captain
Honorable Mention All-Mountain West

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Sia Liilii

University Nevada Reno
Halawa, Hawaii

Team Captain

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Kaylie Ray

Utah State University
Chandler, Arizona

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

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Macey Boggs

University of Wyoming
Gering, Nebraska

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Melissa Batie-Smoose

Associate Head Coach Women’s Volleyball
San José State University

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Nicanora Clarke

University Nevada Reno
Kapolei, Hawaii

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Elle Patterson

IU Indianapolis
Greencastle, Indiana

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Sierra Grizzle

University of Wyoming
Boise, Idaho

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Alyssa Sugai

San José State University
Ewa Beach, Hawaii

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Kiersten Van Kirk

Boise State University
Bozeman, Montana

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Katelyn Van Kirk

Boise State University
Bozeman, Montana

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Jordan Sandy

University of Wyoming
Littleton, Colorado

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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

Legal Team

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.

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