A fourth university has forfeited its women’s volleyball match against San José State University following controversy over the gender identity of one of the team’s players.
Utah State University said in a brief statement Tuesday that it would not play its Oct. 23 match against SJSU, joining the University of Wyoming, Boise State University and Southern Utah University, which have all forfeited matches against the California school over the last three weeks.
None of the universities explained their decisions, though the University of Wyoming said the decision was made “after a lengthy discussion.” The universities have not responded to requests for additional comment.
Michelle Smith McDonald, senior director of media relations for SJSU, said the university will not address the gender identity of any student due to the Family Educational Rights and Privacy Act, a federal student privacy law.
“It is disappointing that our SJSU student athletes, who are in full compliance with NCAA and Mountain West rules and regulations, are being denied opportunities to compete,” McDonald said in an emailed statement on behalf of the university. “We are committed to supporting our student-athletes through these challenges and in their ability to compete in an inclusive, fair, safe and respectful environment.”
The forfeitures began after months of speculation in conservative websites about the gender identity of one of SJSU’s players. In April, the far-right website Reduxx published an interview with an anonymous parent of an SJSU player who said there were “rumors” that one of the other players was a transgender woman.
The teammate in question did not return requests for comment. NBC News is not using her name because she has not made a public statement about her identity or confirmed that she is trans.
On Sept. 23, SJSU player Brooke Slusser joined a lawsuit filed by more than a dozen women athletes against the NCAA, which oversees collegiate athletics, arguing that its policy allowing trans women to compete on women’s teams violates Title IX, a federal law protecting students against sex discrimination in federally funded schools and programs. The suit is led by Riley Gaines, a former 12-time NCAA All-American swimmer who competed for the University of Kentucky and objected publicly to the participation of University of Pennsylvania swimmer Lia Thomas, the first trans woman to win an NCAA championship.
In the lawsuit, Slusser says the teammate who was the subject of the media coverage told her she was a trans woman. When Slusser asked the teammate, whom Slusser had roomed with on team trips, why the teammate hadn’t shared this information with her before, the teammate said “there never seemed to be a good time to bring it up,” and that she was afraid Slusser would not be her friend if Slusser knew the truth, according to the suit, which uses “he” pronouns for the teammate. Slusser said she told the teammate she didn’t want her to be bullied but that she questioned whether it was safe or fair for the teammate to play on the women’s team.
Soon after, according to the suit, SJSU officials convened a meeting to address the news article about the teammate’s gender identity, and told members of the volleyball team that they shouldn’t speak about the teammate’s gender with anyone outside of the team. Slusser says that the teammate was stronger than other members of the team and that volleyball hits from the teammate caused more bruising and pain than hits from other players.
The suit says Slusser has experienced “physical and emotional injuries, embarrassment, humiliation, emotional distress, mental anguish and suffering” due to the teammate’s participation on the team and the NCAA’s policy that allows trans women to compete. Slusser did not return a request for additional comment.
The NCAA said in a statement that it “will continue to promote Title IX, make unprecedented investments in women’s sports and ensure fair competition for all student-athletes in all NCAA championships.” Michelle Brutlag Hosick, director of external communications for the NCAA, declined to comment further.
Trans rights advocates have noted that the teammate hasn’t confirmed her gender identity, but, if she is trans, it appears the information has been shared and spread without her permission, outing her nationally. Her profile with the team indicates she has played on women’s teams since at least high school and also played at SJSU for two previous seasons without public controversy.
Tony Hoang, the executive director of Equality California, said that in forfeiting matches against SJSU, school administrators are harming all students involved.
“Let’s be clear — this isn’t actually about sports; it is part of a coordinated nationwide attack on the LGBTQ+ community led by extremist right-wing politicians,” Hoang said in a statement Thursday.
The Republican governors of both Utah and Idaho publicly supported decisions by Southern Utah University, Utah State University and Boise State University to cancel their matches against SJSU.
Idaho Gov. Brad Little applauded Boise State for working “within the spirit” of a bill he signed to prohibit trans student athletes from playing on the school sports teams of their gender identities in K-12 schools and colleges, though the law is currently blocked by a lawsuit.
Conservatives have increasingly attempted to restrict trans inclusion in sports, among a variety of other LGBTQ-related issues. Half of states, including Idaho, Utah and Wyoming, prohibit trans student athletes from participating on the school sports teams that align with their gender identities as opposed to their assigned sexes at birth. Idaho’s and Utah’s laws are currently blocked by lawsuits.
Previously, trans athletes’ participation in sports was regulated by state sports associations, school districts and, in college athletics, the NCAA. In January 2022, the NCAA updated its trans athlete policy to adopt a sport-by-sport approach that allows sports governing bodies to determine their own eligibility criteria. USA Volleyball requires trans women athletes to submit documentation of their testosterone levels to ensure they do not exceed the upper limit of the normal female range.
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