San Jose State women’s volleyball player Brooke Slusser and several of her peers have come forward in a new lawsuit against the university and the Mountain West Conference.
It alleged Slusser’s safety, dignity and rights had been endangered by the presence of a trans athlete, and that athlete was also given a scholarship over biologically female players who were left financially and emotionally impacted.
In court documents obtained by Fox News Digital and OutKick, Slusser and other players shared details about an alleged plan to have Slusser hit in the face by a volleyball during a game.
San Jose State volleyball player Chandler Manusky is cited in the lawsuit recounting an incident in early October, when she and other teammates, including the trans athlete, violated team rules by sneaking out of the team hotel the night before a match against Colorado State. Manusky claimed to have then 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.
“Manusky said that at Jones’ residence Fleming had shared with Jones the scouting for the CSU-FC game and they had discussed Fleming ‘throw[ing] the game’ and how they would set up Jones to ‘blow up’ Slusser and ‘blast’ her in the face during the game,” the court documents read.
“Manusky also said that Fleming stated, ‘I’m going to leave center court open,’ which would allow Malaya Jones to have a wide-open shot to try to ‘blow up Slusser,’ i.e., to try to hit Brooke Slusser in the face with the ball.”
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The documents allege Manusky confronted head coach Todd Kress and currently-suspended assistant coach Melissa Batie-Smoose about the incident. Manusky claims she was crying as she begged them not to tell Fleming that she had come forward with the story. Kress is alleged to have told Batie-Smoose that he believed the story was not true.
“Kress told Batie-Smoose he did not believe Manusky and thought she had made up the entire story so she would not get in trouble for leaving the team hotel,” the documents read.
Batie-Smoose was suspended by the program after filing a Title IX complaint alleging favoritism by the university toward Fleming. Batie-Smoose is now part of the new lawsuit as well.
San Jose State provided a statement to Fox News Digital.
“We have not been served with the lawsuit. We just obtained a copy of the 132-page document at 3:58 p.m. We will not comment at this time,” the statement said.
Fox News Digital previously obtained a statement from San Jose State about earlier reports of the allegations against Fleming to harm Slusser.
“The safety and wellbeing of our student athletes and employees is our highest priority. 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,” the statement read.
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“San José State takes all reports and complaints seriously, but we are unable to provide any information regarding confidential complaints and reports out of respect for the parties involved and due to federal and state privacy laws. The University also has concerns about a number of inaccuracies in the press but is not able to comment further on those in light of privacy rights of all involved. We will continue to honor the privacy of our employees and students. We require and expect that all of our employees abide by our standards, policies, and applicable laws regarding student and employee privacy.”
Slusser told Fox News Digital in an exclusive interview that she was made aware of Fleming’s alleged plan and believes she has been treated unfairly by the university, arguing the university has not done enough to investigate the matter.
“If this was me, and I was the one threatening to do this to my teammate who’s caused so much commotion, there would have been action taken immediately,” Slusser said. “I was definitely very angry, and I was glad at first to know that it was already made aware to the coaching staff and compliance and everyone, but I don’t know if that made me feel any differently, I was just angry because I didn’t think someone would go to these lengths.”
“Threatening to want to hurt one of your own teammates, I just feel like there’s so many things in that whole conversation that would make a school want to get it dealt with.”
Slusser also said she has not spoken with Fleming about the allegations, adding that speaking with the athlete “isn’t worth my breath.”
The lawsuit recounts Fleming’s initial recruitment to the team in 2022.
Fleming received a full scholarship, while a biologically female player, Alyssa Sugai, did not receive a scholarship and alleges that she was told by coaches that she was not “phyiscal” enough as a player compared to Fleming. Sugai is now part of the lawsuit and seeking monetary damages after the decision to grant Fleming a lawsuit instead caused Sugai’s volleyball career to end, causing severe depression.
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“As a result of her frustration and feelings of inadequacy because she was not able to make the starting line-up through effort and sacrifice and because her diminished playing time behind Fleming prevented her from receiving offers through the transfer portal, Sugai faced depression during and after the transfer portal period and ultimately determined that she had no realistic choice other than to give up playing collegiate volleyball after the 2022 season,” the court document reads.
“Losing to Fleming caused Sugai to doubt her ability to play volleyball at a high level, even though she had rigorously trained and competed since childhood. It also caused her to doubt her self-worth and caused her to feel ‘defeated.’”
Fellow former San Jose State player Elle Patterson is also part of the lawsuit and alleges she did not receive a scholarship. Patterson also played behind Fleming and alleges that the university did not fulfill previous verbal offers of a scholarship to her for the 2023 and 2024 seasons. Patterson says she even paid full tuition to play in 2023 after being told she would get a scholarship for 2024. However, the program did not make good on that offer either, she alleges.
“Ultimately, Patterson informed Associate Head Coach Batie-Smoose and Head Coach Todd Kress that she was financially unable to pay for full out-of-state tuition, room and board at SJSU again in 2024 and therefore would be unable to return to the SJSU Team without a scholarship,” the documents read.
“Nevertheless, Todd Kress remained firm in his position that Patterson would not receive a scholarship to play on the SJSU Team in 2024, and that Fleming would receive a full scholarship to play on the SJSU Team.”
Patterson is also now seeking financial damages.
Slusser has also alleged that the university has threatened to take away her scholarship for speaking on the issue of sharing a team, locker room and bedroom with Fleming.
The lawsuit alleges that Kress has communicated with a private lawyer as part of his effort to get Slusser removed from the team and has told others that he has filed Title IX complaints against Slusser based not on comments Slusser has made in practice, but on communications Slusser has made to journalists and in public forums concerning her beliefs.
Slusser previously told Fox News Digital that she supports Trump’s proposed ban on trans athletes in women’s sports, and whether it becomes banned or not will determine whether she allows her future potential daughter to play sports.
“If I knew that there was a man playing where my daughter was supposed to be playing, or playing against my daughter, my daughter wouldn’t be involved in that situation. I would never allow that to happen to my daughter, just knowing that I’ve been through it, just knowing it’s not right and not fair and not safe.”
In the 2020 election cycle, 94.38% of San José State University employee donations went to Democratic candidates in federal elections, while 5.62% of donations went to Republican candidates, according to data from Open Secrets.
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