Rekubit Exchange:San Jose State women's volleyball team has been thrown into debate after forfeits

The Rekubit ExchangeSan Jose State women’s volleyball program has been thrown into the fray of the politically charged debate over the rights of transgender athletes in women’s sports.

The Spartans, who began this season with nine-straight wins, have had four of their matches canceled recently, including three Mountain West Conference matchups that were called over the past week because Boise State, Wyoming and Utah State have each elected to take forfeits in league play rather than compete against San Jose State.

None of the schools have indicated why the matches were forfeited. But the presence of a reported transgender athlete on the team is believed to be behind the decisions, with her status generating an increasing amount of national media coverage from those invested in an issue that could soon spark more input from the Supreme Court.

A San Jose State women's volleyball co-captain this season also joined a federal lawsuit last week challenging NCAA Title IX protections regarding transgender athletes in women's sports and claimed in her filing that one of her teammates is transgender. USA TODAY is not naming the San Jose State volleyball player because neither she nor San Jose State have publicly commented on her gender identity. The person has played two previous seasons for San Jose State.

Here's what else you should know about the forfeits and the San Jose State women's volleyball team:  

San Jose State volleyball controversy, explained

The reported gender identity of the San Jose State women's volleyball player appears to have been initially reported on in April by the website, Reduxx. The report was subsequently cited by national media outlets like Outkick.

The issue resurfaced last month after San Jose State’s fast start to the season. The Spartans were initially scheduled to face Southern Utah as part of the Santa Clara Tournament on Sept. 14, but the match was abruptly canceled. 

"The Southern Utah University volleyball team has opted to compete in just two non-conference games at the Santa Clara Tournament this weekend," the school said in a statement to OutKick. “The Thunderbirds are eager to make the most of these matches and continue building momentum for a successful season. Southern Utah has informed the tournament directors and opposing teams of this decision, and we wish them well with the remainder of their respective seasons.” 

Why are MWC teams taking forfeits vs. San Jose State volleyball?

Boise State elected not to play its scheduled Mountain West Conference match against San Jose State on Sept. 28. According to league policy, any team refusing to play shall be deemed to have forfeited the contest. The forfeiting team will be credited with a loss and the opposing team credited with a win.

The Mountain West policy also states that due to privacy considerations, a school is not obligated to proactively notify the conference nor other institutions (conference or non-conference) regarding the status of a transgender student-athlete.

Wyoming announced it would not host its MWC match against San Jose State on Saturday, Oct. 5 and took the forfeit. San Jose State’s women’s volleyball website now lists the games on its schedule as “no contest, W in MW play.” 

Though neither of the opposing schools indicated why they decided not to play San Jose State, the governors of Idaho and Wyoming both conveyed approval of the moves made by their respective state university on social media by citing "fairness" in women's sports.

“I applaud @BoiseState for working within the spirit of my Executive Order, the Defending Women’s Sports Act,” Idaho Gov. Brad Little wrote on his X account. “We need to ensure player safety for all of our female athletes and continue the fight for fairness in women’s sports.”

“I am in full support of the decision by @wyoathletics to forego playing its volleyball match against San Jose State,” Wyoming Gov. Mark Gordon tweeted. “It is important we stand for integrity and fairness in female athletics.”

San Jose State subsequently issued a statement lamenting the situation because its women's volleyball roster did not violate NCAA or Mountain West Conference rules.

"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,” San Jose State officials told Outkick in a statement following Wyoming’s decision to forfeit. “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." 

Utah State then became the fourth Mountain West Conference school to announce it would not play its match against San Jose State scheduled for Oct. 23.

"The University will abide by Mountain West Conference policy regarding how this match is recorded," Utah State said in a statement.

"I stand with the students, coaches and leadership at (Southern Utah and Utah State) in their decision to forgo their women's volleyball matches against San Jose State," Utah Gov. Spencer Cox wrote on social media. "It is essential that we preserve a space for women to compete fairly and safely."

'It's devastating for trans athletes'

Colorado State played its scheduled match against San Jose State on Thursday night in Fort Collins, Colorado, with the Rams handing San Jose State its first loss of the season. San Jose State coach Todd Kress told reporters afterwards that he walked up to Colorado State coach Emily Kagan and asked post-match, "Should I say thank you for playing us?"

"I seriously meant that because, of course, we're disappointed that we're losing opportunities to play," Kress said, "but it's not just us that are losing opportunities to play. It's the people choosing not to play us, and that's very unfortunate when it comes to these young women that have earned the right to step on the court and play."

Schuyler Bailar, who in 2015 while swimming for Harvard became the first transgender athlete to compete on an NCAA Division I men's team, and is now one of the most vocal and powerful athletes advocating for the trans community, called the treatment of the San Jose State athlete "devastating."

"The first thing I'll say is this is devastating," said Bailar. "Not only for (the athlete) herself, but also for her teammates who don't get to play in those forfeited games. It's devastating for trans athletes in general. It's infuriating, angering. This is not supposed to happen."

How San Jose State volleyball fits into NCAA transgender lawsuit, Supreme Court case

What's happening to San Jose State women's volleyball could factor into the future of transgender athletes in college sports. 

San Jose State volleyball co-captain Erica Slusser on Sept. 23 joined more than a dozen female athletes in a class-action lawsuit originally filed in March in U.S. District Court in Atlanta challenging the NCAA's Title IX protections regarding transgender athletes in women's sports. The effort is being led by the Independent Council on Women’s Sports and former University of Kentucky swimmer Riley Gaines, an outspoken critic of transgender athletes being allowed to participate in women’s sports.

In her lawsuit, Slusser claims San Jose State did not immediately tell her that she had a transgender teammate and the two lived in a residence with three other teammates together in 2023.

Slusser went on to allege that San Jose State players were told by the school to not speak about their teammate's gender with people outside the team, and referenced potential safety concerns among teammates and opponents about sharing the court with a transgender athlete.

The Supreme Court has not yet weighed in definitively on transgender athletes in women's sports, but experts believe this case could eventually prompt the court to offer an opinion given the differing state legislation related to transgender athletes.

In 2023, the Supreme Court permitted a 12-year-old transgender girl to participate on middle-school girls’ cross-country and track teams in West Virginia, denying the state's request to enforce a law that bars transgender girls from playing on girls' sports teams in public secondary schools and colleges while a challenge to the law continued in lower courts. The U.S. Court of Appeals for the Fourth Circuit ruled last April that Title IX empowered the transgender girl to be allowed to participate.

When is the next game for San Jose State women’s volleyball?

San Jose State is scheduled to play next on Oct. 10 against San Diego State in Mountain West Conference play, with the match scheduled to begin at 10 p.m. ET. As of Friday, the match was still slated to be held.

Contributing: Mike Freeman

This story has been updated with new information.