San Jose State’s volleyball team has had something of an uneven season, to put it mildly. On the one hand, they’re 11-3, and 6-3 in the Mountain West Conference. So that’s good. On the other hand, three of those wins have come by forfeit, including tonight’s scheduled conference game against Utah State. And they’ve just moved Saturday’s game against Nevada from Reno to San Jose, even though it seems likely the Wolfpack will show up for that game anyway. And we already know that Wyoming and Boise State are going to forfeit their upcoming matches later this season. And that’s before we get to the conference tournament, where it seems entirely possible that San Jose could waltz into the final without walking onto the court.
This is all a byproduct of the controversy around San Jose transgender female athlete Blaire Fleming. It has been suggested that Fleming is a biological male, something unknown to many of her teammates much less the players on other teams. But as that became publicly known, several of San Jose’s opponents have essentially refused to play, taking a forfeit over a match. This all comes from and in conjunction with a class action lawsuit against the NCAA to, as it’s written, “remedy sex discrimination against women in college athletics.” In other words, it’s a lawsuit against colleges allowing transgender female athletes from competing in women’s sports, a case spearheaded by former Kentucky swimmer Riley Gaines – who alleges she was denied a national championship in losing to a transgender swimmer from Penn – and includes San Jose volleyball player Brooke Slusser, who in this case publicly revealed her teammate Fleming was, again as written in the suit, “a male who identifies as transgender and who claims a female identity.” For their part, San Jose State and the Mountain West have stated they are compliant with all policies around gender and sports eligibility. But conference commissioner Gloria Nevarez has said she is heartbroken for everyone involved, and they’re basically in a no-win situation. She definitely has that right.
Here's just a taste of the arguments around Saturday’s upcoming game that undoubtedly won’t get played. Nevada players have announced they are forfeiting because of their "right to safety and fair competition," while at the same time their university said the match is still on because the state prohibits forfeiting "for reasons related to gender identity or expression.” Rock, meet hard place. And if you think this is going to go away quietly, just remember that we are two weeks from the most contentious election in recent history where one presidential candidate is running ads against another for offering gender affirming care to inmates, while the other candidate reminds the public they are simply following the laws created by their opponent’s administration. So no, I don’t this is going to die down – although like everything, volleyball season does end. And San Jose State isn’t winning a national title, despite all the noise around one player.
There’s way, way too much to unpack here for any one commentary. We haven’t even gotten into the comments that some players have said Fleming’s ball spikes were so fast to be dangerous for other athletes – a version of a claim heard in similar cases. That comes on top of the argument that Fleming may have taken a roster away from another female athlete. And let’s remember the confounding reality that while Fleming may be good and does hit the ball hard, she certainly isn’t the hardest hitting women in the college game, regardless of what the complaints may suggest. That may or may not be relevant, but it should at least be acknowledged.
I’m going to be honest, there isn’t a good short-term answer here. And any conjecture by me or anyone else who doesn’t have access to medical data from the San Jose athletics department is incomplete at best. And as much as my initial, if perhaps controversial take is that I fully understand the angst by Fleming’s competing players, just like I did by swimmer Riley Gaines, and would likely feel the same way myself, I’m also not a doctor. I do think the NCAA needs to get a handle on this and make sure political grievance – which turns quickly to violence – doesn’t take over. And yes, I know that’s much easier said than done.
So perhaps the only thing I can say with certainty is that Commissioner Nevarez is absolutely correct – there are real people who are experiencing real hurt here. And that, perhaps more than anything, this sadly will be the legacy of San Jose’s season.