Sunday, November 15, 2026

Lawsuit Seeks to Bar Volleyball Player From Mountain West Conference Tournament

Plaintiffs in a lawsuit filed against the conference and others seek to bar a player from the conference’s women’s volleyball tournament over gender identity.

Orlando Ramirez-Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

Editors note: This story was updated Nov. 15 with information related to the motion for an emergency injunction.

A federal lawsuit filed against the Mountain West Conference, league commissioner Gloria Nevarez, and others over a purported transgender volleyball player at San José State could impact the conference’s upcoming postseason tournament. 

A dozen women—including SJSU assistant coach Melissa Batie-Smoose and co-captain Brooke Slusser—requested an injunction as part of the lawsuit filed in a Colorado federal court Wednesday to prevent the player’s participation in the MWC championships. The plaintiffs also seek an injunction that would restrain the MWC from using the current standings—which includes SJSU’s forfeited wins attained after Boise State, Wyoming, the University of Nevada-Reno, and Utah State refused to play the Spartans—to determine the six-team tournament that begins Nov. 27. 

On Friday, U.S. Magistrate Judge S. Kato Crews tentatively scheduled a hearing to consider the plaintiff’s motion for an emergency injunction for Nov. 21.

The lawsuit named the purported trans player, but the athlete in question has never publicly discussed their gender identity. The university has never said the athlete is transgender. Batie-Smoose has been suspended indefinitely by SJSU, according to the lawsuit. 

“This lawsuit is an extremist attack that weaponizes and distorts the language of women’s rights to justify discrimination and bigotry,” Shiwali Patel, senior director of safe and inclusive schools for the National Women’s Law Center, said in a statement to Front Office Sports. “These anti-trans extremists are relying on disinformation and attempting to misuse civil rights laws to force illegal discrimination against women and girls who don’t conform to their stereotypes, in ways that would violate Title IX and the Constitution, and also reinforce anti-LGBTQI+ stigma and bigotry in our society.”

The attorney for the athletes suing the Mountain West said that the women’s First Amendment rights were being violated. 

“Recently, the MWC, SJSU, and the other defendants have collectively manipulated MWC rules, diminished sport opportunities for women, spread inaccurate information, used their positions to chill and suppress speech with which they disagree, and punished dozens of female collegiate volleyball student-athletes for taking a public stand for their right to compete in a separate sports category, all in a concerted effort to stamp out debate over women’s rights in sport,” William Bock wrote in the civil complaint.

The plaintiffs also include two former SJSU women’s volleyball players, two current University of Nevada-Reno volleyball players, a current Utah State University volleyball player, three Wyoming volleyball players, and two Boise State volleyball players. All are on teams that refused to play San José State this year over the participation of the athlete. San José State’s record is 11–5 after the Spartans lost their previous two contests, placing them second in the 11-team Mountain West, but six wins of those are forfeits, per the lawsuit. 

SJSU told FOS it “will not comment at this time.” The Mountain West declined to comment on the particulars of the suit in a statement to FOS.

“The Mountain West Conference prioritizes the best interests of our student-athletes and takes great care to adhere to NCAA and MW policies,” the MWC said. “While we are unable to comment on the pending litigation of this particular situation, we take seriously all concerns of student-athlete welfare and fairness.”

In September, Slusser was added as a plaintiff in a lawsuit filed against the NCAA earlier this year that counts former Kentucky swimmer Riley Gaines as its lead plaintiff. The suit alleges the NCAA and co-defendant Georgia misapplied Title IX when it allowed transgender swimmer Lia Thomas to compete in the 2022 NCAA championships. 

The other defendants in this latest action include the Cal State University Board of Trustees, several SJSU administrators, and Spartans head volleyball coach Todd Kress. 

The complaint alleges the MWC made “under-the-radar, non-publicized changes” to the conference’s transgender participation policy in September and the conference has “no authority to impose a forfeit or assign a win or loss when a concern over student-athlete safety causes a contest not to be played or completed.”

“It breaks my heart because they’re human beings, young people, student-athletes on both sides of this issue that are getting a lot of national negative attention,” Nevarez told the Associated Press in October. “It just doesn’t feel right to me.”

Bock and Justin R. Olson—two lawyers who represent plaintiffs both in the NCAA case as well as the latest lawsuit filed against the MWC—did not request an injunction in the NCAA lawsuit. Bock spent more than 13 years as general counsel for the U.S. Anti-Doping Agency before departing USADA in 2021. 

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Ole Miss–Oklahoma Moved to Sunday, Sooners AD Rips Decision

Ole Miss–Oklahoma has been rescheduled for Sunday at 1 p.m. ET.

College Football Teams Caught Up in Nationwide Flight Stoppage

Three Big Ten teams are still trying to travel to game sites.
Purdue University Northwest women's flag football

How Much Women’s College Flag Football Coaches Make

Flag coaching pay varies by more than $100,000 across NCAA divisions.
podcast thumbnail mobile
Front Office Sports Today

11/13/26 – NFL Ratings Records, Softball Players Unionize, Skubal Deal Looms

0:00

Featured Today

Soccer Football - Premier League - Aston Villa v Brentford - Villa Park, Birmingham, Britain - October 10, 2026 Aston Villa's Boubacar Kamara applauds fans after the match

English Soccer Still Inundated by Gambling Ads Despite Jersey Ban

The ban on front-of-shirt gambling ads looks strict, but it’s largely cosmetic.
West Wind Mahjong
November 11, 2026

Mahjong Mania Has Come for College Sports

Bespoke retailers are cashing in with officially licensed mahjong sets.
November 6, 2026

Can MLS Capitalize on Son-Mania?

Korea and Tottenham fans alike have flocked to LAFC’s away matches.
Pickering High School North
November 4, 2026

High School Athletic Directors Say They’re Running ‘Mini Colleges’

ADs are managing a growing list of demands from athletes and parents.
October 30, 2026

How Injuries Hit Pro Marathoners in the Wallet

Staying healthy can get expensive—quickly.

College Sports Bill Proponents Mount Last-Ditch Lobbying Effort

Protect College Sports Act proponents are sending letters, running ads, and more.
November 10, 2026

CFP Expansion Raises Big Questions for Group of 6 Conferences

The highest-ranked G6 conference champion will earn an automatic CFP berth each year.
Oct 3, 2026; Fort Collins, Colorado, USA; Oregon State Beavers wide receiver Jesse Legree (12) catches a pass from quarterback Braden Atkinson (2) in the second half against the Colorado State Rams at Sonny Lubick Field at Canvas Stadium. Mandatory Credit: Andrew Rydland-Imagn Images
November 12, 2026

Oregon State Keeps Its Star QB-WR Duo Amid $48M Fundraising Push

An Alabama-style front office and a $24M gift have fueled OSU’s turnaround.
Sponsored

How Jeremy Bloom Is Reinventing the X Games

Jeremy Bloom discusses transforming the X Games into a global brand.
Dec 20, 2025; Oxford, MS, USA; College Football First Round logo on field prior to the game between the Tulane Green Wave and the Mississippi Rebels at Vaught-Hemingway Stadium. Mandatory Credit: Petre Thomas-Imagn Images
November 10, 2026

The Ripple Effects of a 24-Team College Football Playoff

The CFP officially announced plans to expand in 2027.
November 10, 2026

Tennessee Men’s Basketball Players Propose CBA

The agreement isn’t finalized but serves as a model for future negotiations.
November 9, 2026

College Football Playoff to Expand to 24 Teams Beginning in 2027 Season 

The 12-team Playoff was implemented in 2024.
November 8, 2026

Michigan, Ohio State Flailing Despite Big Spending

Both lost as home favorites Saturday.