Judge allows San Jose State volleyball player to compete

SAN JOSE, Calif. - A federal judge ruled Monday that a San Jose State volleyball player can continue competing on the women’s team in a conference tournament, despite claims the player is transgender.

Monday’s ruling by U.S. Magistrate Judge S. Kato Crews in Denver will allow the player, who has played all season, to continue competing in the Mountain West Conference women’s championship scheduled for later this week in Las Vegas.

The ruling comes after a lawsuit was filed by nine current players who are suing the Mountain West Conference to challenge the league’s policies for allowing transgender players to participate. The players argued that letting her compete was a safety risk and unfair.

San Jose State nor the forfeiting teams have confirmed the school has a trans women’s volleyball player. KTVU is not naming the players as she has not publicly commented on her gender identity.

The plaintiffs have filed an appeal against Crews' ruling.

The San Jose State Spartans have been in the spotlight after women’s volleyball co-captain Brooke Slusser joined a lawsuit against the NCAA over its policy allowing transgender women to compete in women’s sports. The lawsuit, filed under the landmark Title IX, aims "to remedy sex discrimination against women in college athletics.

Slusser has said that her Spartans teammate hits the volleyball with more force than others on the team and that throughout practices this season she and some teammates have been afraid of suffering concussions from being hit in the head by a volleyball.

"There's many times that we're having to try and dodge the balls that are coming at our faces," Slusser said in an interview with KTVU. "I've had bruises on my thighs for weeks."

Bumps, bruises and minor injuries are common in division I volleyball as is practicing against men, but when pressed, Slusser said she has never been injured to the point of coming off the court. 

"I just dont think it's right in women's sports," Slusser said. "It has nothing to do with the way someone wants to live their life day to day, that's not an issue. But when it comes to the fairness and safety of women playing, there's a reason there's two different divisions for women and men."

The Associated Press contributed to this report.