Female Athletes ‘Blindsided’ by Transgender Player on Volleyball Court, Civil Rights Complaint Filed

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In a controversial turn of events, Concerned Women for America (CWA) has taken a stand to defend women’s sports. This follows the revelation that San Jose State University (SJSU) has a transgender athlete playing on its Division I women’s volleyball team. Blaire Fleming, a towering 6-foot-1 player, has contributed to SJSU’s undefeated season, sparking concern and a civil rights complaint.

Macy Petty, legislative assistant for CWA and an NCAA volleyball athlete, spoke about the situation. “We want to protect the integrity of women’s sports but also the safety of these female athletes,” she stated.

Petty claims many schools were unaware of Fleming’s presence on the team until an article in April brought it to light. “Female athletes were put in this odd position of showing up on the court and looking at the other side and realizing that something was different about this game,” she said. “I’ve never seen an athlete play like this before, which makes total sense considering that this athlete, first of all, is not female.”

Blindsided on the Court

Petty shared how players feel blindsided by the lack of communication from the NCAA, which oversees collegiate sports, about transgender players on competing teams. “There’s no informed consent for the schools or for the female athletes here,” she explained. “They’re totally blindsided when they walk up to the court and they see that there’s a male athlete on the other side.”

Petty recounted her own experience facing a male athlete during her recruiting process. “This actually happened to me. I played college volleyball, and during my recruiting process, the same thing happened to me. I walked up to the court and, with all of the college scouts standing all around me, I looked at my competition, and it was a boy,” she said. “I thought this is obviously cheating, but I played anyway because I didn’t have this time to sit and reflect and think about the decisions that I was making. It was just kind of upon me at that moment without any respect given to me about that decision,” she said.

Safety Concerns Lead to Lawsuit

According to Petty, female athletes are faced with difficult choices when it comes to playing alongside transgender athletes. 

“We’re asking these schools to be proactive on this issue,” Petty said. 

The organization has filed a federal civil rights complaint, alleging that SJSU allowed a male athlete to occupy a female roster spot and athletic scholarship.

CWA also sent letters to universities facing off against SJSU, including Colorado State University. “We just asked a couple of questions,” Petty said, referencing safety and integrity concerns. 

Team Responses and Support

In response, Colorado State stated it would proceed with its Oct. 3 match against SJSU as planned. Boise State, however, opted out of their Sept. 28 match. Idaho Governor Brad Little praised this decision, saying, “I applaud Boise State for working within the spirit of my Executive Order, the Defending Women’s Sports Act.” The University of Wyoming followed suit, deciding not to play their upcoming match against SJSU.

New Legal Battle Arises

The controversy has now escalated into a legal battle as a lawsuit was filed against the NCAA by former swimmer Riley Gaines and SJSU player Brooke Slusser. In the lawsuit, Slusser accused SJSU of not informing her about Fleming’s transgender identity. She described Fleming as a “male who identifies as transgender and who claims a female identity,” stating that she learned this only after rooming with Fleming on a road trip.

Slusser expressed discomfort with Fleming’s performance on the court, noting that Fleming’s spikes reached over 80 mph, which she described as faster than anything she had ever seen from a female player. The lawsuit further alleged that the team was instructed not to discuss Fleming’s gender identity with outsiders, leading to claims of emotional distress and humiliation.

With female athletes and supporters rallying behind them, the lawsuit and civil rights complaint have stirred a national conversation on the integrity and future of women’s sports in the face of transgender inclusion. Slusser, discussing her involvement in the lawsuit, emphasized, “It’s crazy to say, but it was an easy decision for me to join because it’s something I truly believe in.”


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