Sports
SJSU president responds to federal investigation into university's transgender volleyball player scandal
San José State University President Cynthia Teniente-Matson has addressed an investigation into the university by the U.S. Department of Education over its handling of a transgender volleyball player.
SJSU will be investigated for potential Title IX violations over its handling of transgender athlete Blaire Fleming, the DOE told Fox News Digital earlier Thursday.
Teniente-Matson provided a statement to Fox News Digital saying the university is prepared to cooperate in the investigation.
“San José State University is committed to ensuring that all of our students, including our student-athletes, are treated fairly, free from discrimination, and afforded the rights and protections granted under federal and state law, including privacy rights.
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“We follow policies and regulations set forth by the California State University system and applicable law, and we recognize that, at times, these laws and policies may intersect in complex ways. In navigating these frameworks, our focus remains on upholding our responsibilities while supporting our students.
“Recently, we were notified that the U.S. Department of Education has initiated a directed investigation related to Title IX in light of President Trump’s executive order with respect to athletics participation. As with any federal inquiry, we will fully engage with the process, follow established procedures and remain transparent in our compliance with all applicable laws.
“While we adhere to legal and regulatory requirements, San José State will continue to act within our authority to uphold the values that define us as an institution. Our focus remains on our values, including fostering an environment that cultivates compassion, where every student has the opportunity to thrive. We remain steadfast in our role as a place of learning, respect and opportunity for all.”
WHO IS BLAIRE FLEMING? SJSU VOLLEYBALL PLAYER DOMINATING FEMALE RIVALS AND ENRAGING WOMEN’S RIGHTS GROUPS
Fleming played three seasons on the women’s team, from 2022-24, as one of the Mountain West’s top hitters, leading the team in kills. However, SJSU administrators allegedly withheld the truth about Fleming’s birth sex from other female players on the team, according to a lawsuit filed by 11 Mountain West volleyball players and a former SJSU assistant coach.
Former Spartans co-captain Brooke Slusser leads that lawsuit and alleges San José State administrators and volleyball coach Todd Kress actively prevented her from knowing Fleming’s birth sex while assigning her to share bedrooms with the transgender athlete on most road trips during their first season together in 2023.
The controversy involving Fleming prompted five of SJSU’s opponents in 2024 to forfeit a total of eight matches. The final forfeit was a Mountain West Tournament semifinal against Boise State, which had already forfeited twice to the Spartans in the regular season.
That forfeit sent Fleming, Slusser and SJSU to the conference final, where they lost to Colorado State. The plaintiffs in Slusser’s lawsuit filed for an emergency injunction in November prior to the tournament in an attempt to have Fleming removed from competition and all losses by forfeit wiped from their opponents’ records. However, federal Judge Kato Crews, who was appointed by President Joe Biden in January 2024, ruled Fleming could play.
The situation became so volatile the team needed regular police protection for its home and away matches. Slusser previously told Fox News Digital the experience was “traumatizing.”
“This season has been so traumatizing that I don’t even have a proudest moment,” Slusser said.
Former San José State University assistant volleyball coach Melissa Batie-Smoose, who was let go from the program, was suspended from the program Nov. 2 after she filed a Title IX complaint against the university regarding its alleged handling of the situation involving Fleming. The complaint included allegations that Fleming had conspired with an opponent to have former SJSU co-captain Brooke Slusser hit in the face during a match in October.
Batie-Smoose’s complaint alleges Fleming provided a scouting report to an opponent to ensure a Colorado State competitive advantage and allegedly established a plan to set up an opponent with a clear lane to spike Slusser in the face during a match.
Slusser was never spiked in the face during that match, but Colorado State did win in straight sets.
A Mountain West investigation into Batie-Smoose’s allegations did not find sufficient evidence to discipline any player named in the allegations.
Slusser’s attorney, Bill Bock, later provided a statement to Fox News Digital insisting that the investigation had been “infected with bias.”
SJSU transgender player Blaire Fleming, left, and teammate Brooke Slusser went to a magic show and had Thanksgiving together in Las Vegas despite an ongoing lawsuit over Fleming being transgender. (Thien-An Truong/San Jose State Athletics)
“Because the MWC’s investigation was inadequate, and anything but thorough, and because the MWC’s close-out letter is riddled with errors, the undersigned is issuing this rebuttal and demands that the MWC immediately and publicly release: (1) the investigative report prepared by its investigator(s), and (2) all documents connected to the MWC’s claimed ‘thorough investigation’ and upon which the MWC’s decision not to proceed further was based,” Bock’s statement said.
Nearly every one of the players on SJSU’s 2024 team that has remaining NCAA eligibility has entered the NCAA transfer portal, Fox News Digital previously reported.
President Donald Trump signed an executive order Wednesday to prevent transgender athletes from competing in women’s and girls sports. The NCAA announced Thursday it is amending its gender eligibility policy to fall in line with Trump’s executive order.
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Sports
Russell Wilson escalates feud with Sean Payton, labels Broncos coach ‘classless’
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Russell Wilson and Sean Payton spent just one NFL season together, but tension lingered after a rocky year.
And it appears the tension that built up from that tumultuous stretch continues to linger.
Wilson’s interview on the “Bussin’ With the Boys” podcast, recorded before last month’s Super Bowl between Seattle and New England, recently resurfaced.
In the interview, Wilson doubled down on his October comment labeling Payton “classless,” saying he felt slighted by his former coach’s remarks.
Head coach Sean Payton of the Denver Broncos talks to quarterback Russell Wilson on the sideline during an NFL preseason football game against the Arizona Cardinals at State Farm Stadium Aug. 11, 2023, in Glendale, Ariz. (Ryan Kang/Getty Images)
“[When] you’ve been on the same side or this and that, and I got the same amount of rings as you got, meaning Sean, right?” said Wilson, who won a Super Bowl with the Seattle Seahawks as Payton did coaching for the New Orleans Saints.
“I got a lot of respect for him as a play-caller, this and that, but to take a shot, I don’t like. I don’t think it’s necessary, you know, I mean, especially when I’m not even on your own team anymore. So, for me, there’s a point in time where you have to, I’ve realized, I’ve stayed quiet for so long. There’s a there’s a time and place where I’m not.
“I know who I am as a competitor, as a warrior, as a champion, too, and, you know, I’ve beaten Sean, too. You know, like we’ve been on the same place and the same thing. And so, it’s not a matter of disrespect. Just don’t disrespect me.”
Sean Payton and Russell Wilson of the Denver Broncos during an a game against the Minnesota Vikings at Empower Field at Mile High Nov. 19, 2023, in Denver, Colo. (Ryan Kang/Getty Images)
After a rocky one-year stint with the Pittsburgh Steelers in 2024, Wilson joined the New York Giants last offseason. However, he was relegated to a backup role after just three games.
Rookie Jaxson Dart quickly showed promise once he had the chance to start, but his season was briefly derailed by injury. Jameis Winston — not Wilson — stepped in for Dart in a handful of games. Dart threw three touchdowns in a Week 7 matchup with the Broncos, nearly pulling off an upset in what was eventually a close loss.
After the game, Payton said Dart provided a “spark” to the Giants’ offense.
“I was talking to [Giants owner] John Mara not too long ago, and I said, ‘We were hoping that that change would have happened long after our game,’” Payton said.
The New York Giants’ Russell Wilson attempts to escape a sack by Dallas Cowboys defensive end James Houston (53) in the first half of a game Sept. 14, 2025, in Arlington, Texas. (AP Photo/Julio Cortez)
Payton also said the Broncos would have faced less of a challenge had Wilson been under center.
“Classless … but not surprised,” Wilson responded in a social media post. “Didn’t realize you’re still bounty hunting 15+ years later though the media.”
Despite last season’s struggles and chatter about his football future, Wilson does not appear ready to call it quits in 2026.
“I wanna play a few more years for sure,” he said. “I think, for me, I’ve always had the vision of getting to 40, at least. I think the game is different. Quarterbacks, we get hit. It’s not, you know, we get hit hard, but … there’s certain rules. I mean, back in the day when I started, bro, it was you just get [clobbered].
“I mean, so I feel like the game allows you to, you know, live a little longer, I guess. I feel healthy. I feel great. But I think, more than anything else is, do you love the game? Do you love studying? Do you love the passion for it all? Do you love the process? Do you love the practice? Do you love — everybody loves the winning part of it, but it’s process. There’s a journey that you got to be obsessed with. And that part I’m obsessed with.”
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Sports
Fatigue a factor as early matches begin at Indian Wells
The early rounds of the BNP Paribas Open began Wednesday, with top seeds slated to start play Friday during the 12-day ATP and WTPA Master 1000 tournament.
A busy stretch of the tennis season reaches another gear at Indian Wells Tennis Garden, the second largest outdoor tennis stadium in the world.
While many consider it the “fifth Grand Slam” because of its elite player field, amenities and equal prize money for men and women, professionals acknowledge the tournament is part of a stressful stretch on the tennis calendar.
Indian Wells is followed by the Miami Open, another two-week Master 1000 tournament. The tour stops are known as the “Sunshine Double.”
Some players made the short trip from Indian Wells to Las Vegas this past weekend to participate in the MGM Grand Slam, an exhibition designed to help players ramp up for back-to-back tournaments.
American Reilly Opelka, a 6-foot–11 pro, said managing fatigue after a series of tournaments before hitting Indian Wells has altered his practice and play in exhibition matches, including a loss to 19-year-old Brazilian Joao Fonseca in Las Vegas.
“Normally in any kind of competition, you get excited and play with a pressure point … but you don’t feel this when you are practicing,” Opelka said.
“I was trying to feel like this a few days ago while practicing with … [Tommy Paul,] but instead we got tired and hungry. … That usually doesn’t happen. We just decided to stop and go to eat somewhere.”
Paul said despite the decision to cut practice short, he feels fresh for the upcoming events.
“I started the year pretty well and for Americans, we are excited for the Sunshine Double,” Paul said.
Casper Rudd lost to Opelka during the first round of the Las Vegas exhibition. The Norwegian also lost a week ago during the first round of the Acapulco Open, falling to Chinese qualifier Yibing Wu in straight sets.
Rudd said he felt “extremely tired” after the Australian Open in January.
Rancho Palo Verdes resident Taylor Fritz, ranked No. 7 in the world, said the best way to prepare yourself for grueling tour schedule is “putting [in] the time, work and repetition.”
“… Be there, be focused on the quality that you are doing,” said Fritz, a 28-year-old who won the Indian Wells title in 2022.
While some players are guarding against burnout, others struggled to even reach California. Some players who live in Dubai, including Russians Daniil Medvedev and Andrey Rublev, have to contend with closed airspace triggered by the U.S. and Israel bombing Iran.
The ATP announced Wednesday that, “the vast majority of players who were in Dubai have successfully departed today on selected flights.”
Sports
Law firm fighting for women’s sports in SCOTUS battle comments on ruling possibly impacting SJSU trans lawsuit
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A law firm leading the charge in the ongoing Supreme Court case over trans athletes in women’s sports has responded after a federal judge suggested the case’s ruling could impact a separate case involving a similar issue.
Colorado District Judge Kato Crews deferred ruling in motions to dismiss former San Jose State volleyball co-captain Brooke Slusser’s lawsuit against the California State University (CSU) system until after a ruling in the B.P.J. v. West Virginia Supreme Court case, which is expected to come in June.
Slusser filed the lawsuit against representatives of her school and the Mountain West Conference in fall 2024 after she allegedly was made to share bedrooms and changing spaces with trans teammate Blaire Fleming for a whole season without being informed that Fleming is a biological male.
Meanwhile, the B.P.J. case went to the Supreme Court after a trans teen sued West Virginia to block the state’s law that prevents males from competing in girls’ high school sports.
The Alliance Defending Freedom (ADF) is the primary law firm defending West Virginia in that case at the Supreme Court, and has now responded to news that Slusser’s lawsuit could be affected by the SCOTUS ruling.
“We hope the ruling from the Supreme Court will affirm that Title IX was designed to guarantee equal opportunity for women, not to let male athletes displace women and girl in competition. It is crucial that sports be separated by sex for not only the equal opportunity of women but for safety and privacy. Title IX should protect women’s right to compete in their own sports. Allowing men to compete in the female category reverses 50 years of advancement for women,” ADF Vice President of Litigation Strategies Jonathan Scruggs said.
Slusser’s attorney, Bill Bock of the Independent Council on Women’s Sports, expects a Supreme Court ruling in favor of the legal defense representing West Virginia, thus helping his case.
(Left) Brooke Slusser (10) of the San Jose State Spartans serves the ball during the first set against the Air Force Falcons at Falcon Court at East Gym in Colorado Springs, Colorado, on Oct. 19, 2024. (Right) Blaire Fleming #3 of the San Jose State Spartans looks on during the third set against the Air Force Falcons at Falcon Court at East Gym on October 19, 2024 in Colorado Springs, Colorado. ( Andrew Wevers/Getty Images; Andrew Wevers/Getty Images)
“We’re looking forward to the case going forward,” Bock told Fox News Digital.
“I believe that the court is going to find that Title IX operates on the basis of biological sex, without regard to an assumed or professed gender, and so just like the congress and the members of congress that passed Title IX in 1972, allowed this specifically provided for in the regulations that there had to be separate men’s and women’s teams based on biological sex, I think the court is going to see that is the original meaning of the statute and apply it in that way, and I think it’s going to be a big win in women’s sports.”
The Supreme Court’s conservative majority appeared prepared to rule in favor of West Virginia after oral arguments on Jan. 13.
Slusser spoke on the steps of the Supreme Court on Jan. 13 while oral arguments took place inside, sharing her experience with a divided crowd of opposing protesters.
With Fleming on its roster, SJSU reached the 2024 conference final by virtue of a forfeit by Boise State in the semifinal round. SJSU lost in the final to Colorado State.
Slusser went on to develop an eating disorder due to the anxiety and trauma from the scandal and dropped out of her classes the following semester. The eating disorder became so severe, that Slusser said she lost her menstrual cycle for nine months. Her decision to drop her classes resulted in the loss of her scholarship, and her parents said they had to foot the bill out of pocket for an unfinished final semester of college.
President Donald Trump’s Department of Education determined in January that SJSU violated Title IX in its handling of the situation involving Fleming, and has given the university an ultimatum to agree to a series of resolutions or face a referral to the Department of Justice.
Among the department’s findings, it determined that a female athlete discovered that the trans student allegedly conspired to have a member of an opposing team spike her in the face during a match. ED claims that “SJSU did not investigate the conspiracy, but later subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews.”
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SJSU trans player Blaire Fleming and teammate Brooke Slusser went to a magic show and had Thanksgiving together in Las Vegas despite an ongoing lawsuit over Fleming being transgender. (Thien-An Truong/San Jose State Athletics)
SJSU Athletic Director Jeff Konya told Fox News Digital in a July interview that he was satisfied with how the university handled the situation involving Fleming.
“I think everybody acted in the best possible way they could, given the circumstances,” Konya said.
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