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.
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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.

Brooke Slusser
San José State University
Denton, Texas
Team Captain
Honorable Mention All-Mountain West

Sia Liilii
University Nevada Reno
Halawa, Hawaii
Team Captain

Kaylie Ray
Utah State University
Chandler, Arizona
Team Captain
Academic All-Mountain West
Mountain West Scholar-Athlete

Macey Boggs
University of Wyoming
Gering, Nebraska

Melissa Batie-Smoose
Associate Head Coach Women’s Volleyball
San José State University

Nicanora Clarke
University Nevada Reno
Kapolei, Hawaii

Elle Patterson
IU Indianapolis
Greencastle, Indiana

Sierra Grizzle
University of Wyoming
Boise, Idaho

Alyssa Sugai
San José State University
Ewa Beach, Hawaii

Kiersten Van Kirk
Boise State University
Bozeman, Montana

Katelyn Van Kirk
Boise State University
Bozeman, Montana

Jordan Sandy
University of Wyoming
Littleton, Colorado

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.
Latest Coverage

Wyoming Delegation Urges Mountain West Conf. To Ban Males From Women’s Sports
Cowboy State Daily, November 18, 2024

College Volleyball’s Spartan Meltdown
Quillette, November 1, 2024
San Jose State vs. San Diego State
SJSU’s male player, Blaire Fleming blasts another strike to the face of a female opponent in tonight’s match up with @AztecVB pic.twitter.com/hbw9iC6SxH
— ICONS (@icons_women) October 11, 2024
San Jose State vs. Delaware
UNSAFE‼️ Another female player smashed by a kill from SJSU’s male starter, Blaire Fleming, in tonight’s match against @UNMLoboVB.pic.twitter.com/qydBd1m8Od
— ICONS (@icons_women) October 18, 2024
Press Conference on NCAA Lawsuit at the 2024 NCAA Swim & Dive Championships
San Jose State vs. New Mexico
Read the Complaint
11/16/2024 – Emergency Motion for Preliminary Injunction
11/16/2024 – Movant’s Appendix in Support of the Preliminary Injunction
11/17/2024 – Response to MWC Leaked Investigation Close-Out Letter
11/18/2024 – Utah State University Motion for Limited Intervention as Plaintiff
11/18/2024 – Utah State University Complaint in Intervention
11/18/2024 – Utah State University Partial Joinder in Plaintiff’s Motion
11/25/2024 – Order Denying Emergency Motion for Preliminary Injunction
11/26/2024 – Order Denying Injunction Pending Appeal


