An emergency appeal of a Biden-appointed federal judge's ruling allowing transgender athletes to compete in the Mountain West women's volleyball tournament was denied Tuesday.
Colorado Judge Kato Cruz on Monday argued that Fleming should not be allowed to play in Las Vegas this week after several players argued that San Jose State's Blair, who is identified in several lawsuits as a biological male, -The court ruled that Fleming was eligible to participate.
The Independent Council for Women in Sport (ICONS) filed an emergency appeal of this decision to the Tenth Circuit Court of Appeals. But the 10th Circuit agreed with Cruz in a decision issued Tuesday afternoon. Crews denied the request for an emergency injunction, ruling that players and others who objected to the league's policy allowing transgender players should have filed sooner.
NCAA women's volleyball players Brooke Slusser, Kaylee Ray, Macy Boggs, Sierra Grizzle, Jordan Sandy, Kaitlyn Van Kirk and Kirsten Van Kirk all filed charges and a lawsuit seeking Fleming's removal. was named. Ms. Slusser was Mr. Fleming's teammate at San Jose State University, and she shared living and changing areas with him while the university withheld Mr. Fleming's natural birth gender from Mr. Slusser and other players on the team. He claims he was forced to share it.
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“It is shameful that Mountain West Conference and NCAA administrators are unwilling to do more than protect fair competition and the safety of athletes competing in college sports. Conference Commissioner Gloria Nevarez and With NCAA President Charlie Baker unwilling to do his job and apparently afraid to stand up for the rights of female student-athletes, we have no choice but to ask a federal court to do his job on their behalf. I don’t get it,” Ikons said. Attorney Bill Brock.
San Jose State University released a statement to Fox News Digital saying the university is “pleased” with Cruz's sentence.
“San Jose State University continues to support its student-athletes and rejects all forms of discrimination. All San Jose State University student-athletes are eligible to participate in sports under NCAA and Mountain West Conference regulations. The Court “We are pleased that the “eleventh-hour attempt to change these rules has been rejected,'' the statement said.
Biden's judicial appointments have been the subject of controversy throughout his presidency. By the end of his first year in office, Biden had nominated 73 people to federal judgeships, one more than his counterpart Donald Trump during his presidential term.
President Joe Biden speaks after pardoning Peach the National Thanksgiving Turkey during a pardon ceremony on the South Lawn of the White House on Monday, November 25, 2024 in Washington. (AP Photo/Susan Walsh)
Cruz was confirmed as Biden's appointee and ended up presiding over the case. During the hearing last Thursday, Cruz spent the first 45 minutes of the hearing discussing what pronouns should be used when referring to Fleming, or the player's name for security and safety reasons. I spent a lot of time debating whether or not I should use it.
But safety was a concern for Fleming's female teammates as well.
Slusser previously told Fox News Digital that the situation involving Fleming and player protections by San Jose State and the sport's governing body left her and her teammates feeling “in danger” and that the players were in tears in the scene. He said there was also.
“I think everyone can tell that the people in my circle and the gym, they're not here to support me. They're here to support Blair, and they basically I decided to do whatever it took to continue to support Blair and to continue to support Blair and be there for me and my needs,'' Slusser said. “We decided we couldn't really trust anyone here.”
San Jose State University has suspended associate head volleyball coach Melissa Batty Smooth. Melissa Batty Smooth filed a Title IX complaint against San Jose State, accusing the school of favoring Fleming at the expense of women on the team.
SJSU women's volleyball's first opponent didn't know about Transn, suggesting the match never happened
“After we found out she was released, a lot of the team was broken down, distraught, and even one of my teammates felt like, 'I don't feel safe anymore,' because there's no one.” I feel like I can go and talk about my concerns and my actual feelings and I can actually speak freely in public,” Slusser said.
Slusser says it's not safe to talk to anyone else involved with the program, even head coach Todd Kress.
“You can't really voice how you feel without them trying to hide it or acting like it's okay. With Melissa, it's easy to put your feelings into words. “She can comfort you, acknowledge your feelings, or at least tell you how you feel,” Slusser said. “Compared to other coaches, you feel heard.” .
Moby Arena security, campus police, and dedicated security guard the San Jose State University Spartans during the NCAA Mountain West women's volleyball game against the Colorado State University Rams on Thursday, Oct. 3, at Moby Arena in Fort Collins, Colorado. The sides can be hardened. , 2024. (Santiago Mejia/San Francisco Chronicle via Getty Images)
Mountain West Commissioner Gloria Nevarez said the meeting did not find sufficient evidence to confirm the claims in the Title IX complaint. The complaint alleges that Blair Fleming conspired with a Colorado State player to influence the outcome of a game and caused Fleming's teammate Brooke Slusser to hit a ball in the face during the game.
The letter does not directly address the idea that there was a conspiracy to punch Mr. Slusser in the face. The letter simply refers to all of the allegations in the complaint as “competitive manipulation.” Nevarez said the conference's investigation included interviews with head coaches and student-athletes initiated by both universities. However, the letter does not specify which people were specifically interviewed. The council rejected multiple requests from Fox News Digital for the names of individuals interviewed.
Similar claims are cited in recent lawsuits filed by Slusser against the Mountain West and San Jose State. Mr. Slusser's legal team subsequently provided a statement to Fox News Digital questioning the legitimacy of the conference's investigation.
Still, Cruz assured Slusser and her teammates, along with all the other players in the Mountain West tournament, will be sharing the tournament with Fleming this week in Las Vegas.
A Mountain West Conference spokesperson told Fox News Digital last week that the plan is to crown a champion if San Jose State advances to the finals and its opponent is eliminated. Four teams in the conference have already forfeited their games against San Jose State, and two of them will be competing for the right to play the Spartans in the semifinals.
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Blair Fleming of the San Jose State Spartans tries to block a shot during the first set against the Air Force Falcons on Falcon Court in the East Gym on October 19, 2024 in Colorado Springs, Colorado. (Andrew Webbers/Getty Images)
Utah State and Boise State are scheduled to meet in the quarterfinals, with the next round determining who will face Fleming and Slusser.
Boise State was reluctant to play San Jose State during the regular season, so they forfeited two scheduled games against the Spartans and suffered two losses in the conference. Meanwhile, Utah State, which had just one forfeited game, joined the recent lawsuit against the Mountain West over Fleming's presence.
San Jose State has repeatedly defended Fleming's presence on the team.
“All of our athletes comply with NCAA and Mountain West Conference policies and are eligible to play under the rules of those organizations. Members of our volleyball team have the right to compete. “We're very disappointed for them and for them that they were denied.”We're also proud of the way they've overcome these challenges on the court. ,” a university spokesperson said in a statement provided to FOX News Digital.
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