A trans volleyball player is accused of plotting to harm a teammate after receiving scholarships from female players.
Scholarships were denied to multiple players due to the trans player's physical strength.
Several San Jose State women's volleyball players, including Brooke Slusser, have filed a lawsuit against the university and the Mountain West Conference.
The presence of a trans athlete allegedly endangered Slusser's safety, dignity, and rights, and the athlete was given a scholarship over biologically female players who were left financially and emotionally impacted.
Slusser and other players discussed an alleged plan to strike Slusser in the face with a volleyball during a game, according to court documents obtained by Planet Chronicle Digital and OutKick.
San Jose State volleyball player Chandler Manusky is accused of violating team rules by sneaking out of the team hotel the night before a match against Colorado State in early October. She claims to have learned about an alleged plan by Fleming to ensure San Jose State would lose the match and set up Colorado State player Malaya Jones to spike Slusser in the face during a match on Oct. 3.
According to court documents, Fleming shared with Jones the scouting for the CSU-FC game and they discussed Fleming's plan to "throw the game" and set up Jones to "blow up" Slusser and "blast" her in the face during the game.
"Fleming declared that he would leave center court open, giving Malaya Jones an opportunity to attempt to hit Brooke Slusser in the face with the ball."
The documents claim that Manusky confronted Kress and Batie-Smoos about the incident and begged them not to tell Fleming about it. Kress is alleged to have told Batie-Smoos that he believed the story was not true.
According to the documents, Batie-Smooss was informed by Kress that he did not believe Manusky's story and thought it was fabricated to avoid consequences for leaving the team hotel.
Batie-Smoose was suspended from the program and is now part of the new lawsuit after filing a Title IX complaint alleging favoritism by the university toward Fleming.
San Jose State provided a statement to Planet Chronicle Digital.
We have not been served with the lawsuit, but we obtained a copy of the 132-page document at 3:58 p.m. We will not comment at this time.
Earlier reports of allegations against Fleming to harm Slusser were previously obtained by Planet Chronicle Digital from San Jose State.
Our top priority is the safety and wellbeing of our student athletes and employees. The university has taken and will continue to take multiple steps to provide security, support, and resources to all members of the team as the program navigates this challenging time.
"San José State takes all reports and complaints seriously, but we cannot disclose any information about confidential complaints and reports due to respect for the parties involved and compliance with federal and state privacy laws. The University is concerned about inaccuracies in the press but cannot comment further due to privacy rights of all involved. We will continue to respect the privacy of our employees and students. Our employees are required to adhere to our standards, policies, and applicable laws regarding student and employee privacy."
Slusser claims she was informed of Fleming's alleged plan and believes she has been unfairly treated by the university, arguing that the university has not done enough to investigate the matter.
"If I were the one threatening my teammate who caused so much commotion, I would have been held accountable immediately, Slusser said. Although I was furious, knowing that the coaching staff and compliance were aware of the situation made me feel slightly better, but I was still angry because I didn't think someone would go to such great lengths."
"I feel like there are many things in the conversation that would make a school want to address it."
Slusser stated that she hasn't conversed with Fleming regarding the accusations and that it's not worth her effort to engage with the athlete.
The lawsuit recounts Fleming's initial recruitment to the team in 2022.
Alyssa Sugai, a biologically female player, did not receive a scholarship and alleges that she was told by coaches that she was not "physical" enough as a player compared to Fleming, who received a full scholarship. Sugai is now part of a lawsuit seeking monetary damages after the decision to grant Fleming a scholarship caused Sugai's volleyball career to end, resulting in severe depression.
Due to her inability to make the starting line-up and limited playing time behind Fleming, Sugai experienced depression during and after the transfer portal period, ultimately deciding to give up playing collegiate volleyball after the 2022 season.
"Despite having trained and competed in volleyball since childhood, Sugai's loss to Fleming caused her to question her ability to play at a high level, as well as her self-worth and left her feeling defeated."
Elle Patterson, a former San Jose State player, is also involved in the lawsuit and claims that she did not receive a scholarship. Patterson played behind Fleming and alleges that the university did not fulfill its verbal offers of a scholarship for the 2023 and 2024 seasons. Despite paying full tuition to play in 2023 after being told she would receive a scholarship for 2024, the program did not honor its promise, she alleges.
Patterson informed Batie-Smoose and Kress that she could not afford full out-of-state tuition, room, and board at SJSU in 2024 and, as a result, she would not be able to return to the SJSU Team without a scholarship.
"Despite Todd Kress's firm stance that Patterson would not receive a scholarship to play on the SJSU Team in 2024 and that Fleming would receive a full scholarship, the decision was ultimately made in favor of Patterson."
Patterson is also now seeking financial damages.
Fleming has accused Slusser of alleging that the university threatened to revoke her scholarship for discussing the shared team, locker room, and bedroom with him.
Kress has reportedly communicated with a private lawyer in an attempt to remove Slusser from the team and has stated that he has filed Title IX complaints against her based on her public communications, not on any comments she has made in practice.
Slusser previously stated to Planet Chronicle Digital that she supports Trump's proposed ban on trans athletes in women's sports, and her decision to allow her future potential daughter to play sports will depend on whether the ban is implemented.
"My daughter wouldn't be involved in that situation if I knew there was a man playing where she was supposed to be playing or against her. I would never allow that to happen to her, knowing that I've been through it and it's not right, not fair, and not safe."
During the 2020 election cycle, 94.38% of San Jose State University employee donations were given to Democratic candidates in federal elections, while 5.62% of donations went to Republican candidates, according to Open Secrets data.
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