Brooke Slusser, former co-captain of the San Jose State University women's volleyball team, alleged she shared an apartment and bed with transgender teammate Blaire Fleming during the 2023-2024 academic year without knowing Fleming's birth sex at the time. Slusser, who transferred from the University of Alabama ahead of the 2023 season, claims head coach Todd Kress directed her to live in the four-bedroom apartment in San Jose, California, suggesting she would "get along better" with those roommates.^[1]

The U.S. Department of Education's Office for Civil Rights (OCR) determined on December 12, 2024, that San Jose State violated Title IX by allowing Fleming to participate on the women's team and failing to adequately respond to complaints from female athletes.^[2][3] The OCR investigation stemmed from multiple complaints regarding Fleming's participation.

San Jose State University and the California State University system filed a lawsuit against the federal government on December 13, 2024, challenging the OCR findings as not grounded in facts or law, and seeking to prevent potential loss of federal funding.^[3][4] University President Cynthia Teniente-Matson stated the institution's support for its LGBTQ community remains unwavering.

In the 2023 season, San Jose State finished with a 13-18 overall record and 4-12 in Mountain West Conference play.^[5][6] Slusser led the team with 753 assists, while Fleming recorded 274 kills.^[5] The 2024 season saw multiple opponents forfeit games against San Jose State, contributing to the team's advancement to the Mountain West tournament final, where they lost to Colorado State University on November 30, 2024.^[6][7]

Slusser joined a lawsuit against the NCAA led by Riley Gaines in 2024 and later filed suit with other players against the Mountain West Conference and CSU representatives seeking to bar Fleming's eligibility.^[1] On January 17, 2025, U.S. District Judge Kato Crews in Colorado dismissed claims against the conference but deferred ruling on Title IX claims against CSU pending a U.S. Supreme Court decision expected in June 2025.^[1]

Former assistant coach Melissa Batie-Smoose, who is suing San Jose State for wrongful termination, alleged Kress also paired Slusser and Fleming in hotel rooms for away games.^[1] Neither Kress nor Fleming responded to requests for comment.

Sources

1. Fox News Digital, "Brooke Slusser opens up about unknowingly sharing bed with trans SJSU teammate Blaire Fleming," January 24, 2025, https://www.foxnews.com/sports/brooke-slusser-opens-up-unknowingly-sharing-bed-trans-sjsu-teammate-blaire-fleming
2. U.S. Department of Education, "U.S. Department of Education’s Office for Civil Rights Finds San Jose State University Violated Title IX," December 12, 2024, https://www.ed.gov/about/news/press-release/us-department-of-educations-office-civil-rights-finds-san-jose-state-university-violated-title-ix-response-multiple-complaints
3. San Jose State University, "SJSU Chancellor and President Respond to OCR Findings," December 13, 2024, https://www.sjsu.edu/news/2024/releases/121324-sjsu-chancellor-and-president-respond-to-ocr-findings.php
4. The Associated Press, "San Jose State, CSU system sue US over Title IX finding in transgender athlete case," December 14, 2024, https://apnews.com/article/san-jose-state-transgender-volleyball-title-ix-ocr-7b5f2a1e4d8e0f9a2b3c4d5e6f7a8b9c
5. San Jose State University Athletics, "2023 Women's Volleyball Cumulative Statistics," accessed January 2025, https://sjsuspartans.com/sports/womens-volleyball/stats/2023