Amid the recent controversy surrounding the Nevada women’s volleyball team, a potential lawsuit against the University of Nevada, Reno could ensue.
Joey Gilbert, a local criminal justice attorney and UNR alumni, told NSN and KRNV that some volleyball players are considering suing the university.
This potential lawsuit comes after multiple statements were made regarding the Oct. 26 match against San Jose State, which rosters Blaire Fleming, an outside hitter who is an alleged transgender athlete.
A majority of the volleyball team voted to forfeit the match. However, the university released a statement saying that despite the vote, it intends to continue with the scheduled match.
Brian Sandoval, university president, released his own statement on Oct. 17, explaining that because of Section 24 in the Nevada Constitution, the university cannot legally forfeit an event due to gender identity or expression.
Gilbert told NSN and KRNV that he represents multiple UNR volleyball players, and they are exploring all potential options regarding player safety and possible Title IX violations.
“As legal counsel for several individual players on the University of Nevada, Reno women’s volleyball team, we are carefully considering all legal options to protect their rights and safety,” Gilbert told KRNV and NSN. “These athletes have expressed legitimate concerns about the fairness and physical risks of competing against a transgender player from San Jose State University.
“Beyond this specific situation, we believe that the policies of the NCAA, the Mountain West Conference, and San Jose State University may violate Title IX by allowing conditions that place female athletes at a disadvantage and jeopardize their safety. We are currently assessing potential legal action against these organizations, and we may pursue injunctive relief to ensure these athletes’ rights are protected in future competitions, including the Mountain West Conference Championship.”
In response, the university said it has not received a lawsuit from the team or Gilbert.
“We are unaware of any complaint filed against the University by Mr. Gilbert,” a university spokesperson said.
Although the university can’t legally forfeit the match, it told players that they won’t face any discipline if they decide to not play.
Sandoval also noted that the players are exercising their First Amendment right, and the university must protect that.
“The University must protect the First Amendment rights of its students and other individuals,” Sandoval said. “The University acknowledges that a student athlete’s refusal to participate in the match with San José State University can be interpreted as free expression that is protected by the First Amendment of the United States Constitution. Conversely, we also acknowledge that a student athlete’s choice to play in the same match may also be intended as free expression protected by the First Amendment. Consequently, a forfeiture declared by the University prior to the match for reasons involving gender identity or expression could violate the rights of our student-athletes whether they choose to compete or not.”
If the match isn’t played, Nevada would be the fifth school to cancel against San Jose State. Utah Southern, Utah State, Boise State, and Wyoming were the other four schools.
Sia Liilii, Nevada volleyball captain, told OutKick.com, a conservative website owned by Fox, that the decision not to play was based on injustice against female athletes.
“We decided that we’re going to stand in solidarity with other teams that have already forfeited and that we wouldn’t participate in a game that advances sex-based discrimination or injustice against female athletes,” Liilii told OutKick.
Joe Lombardo, Nevada governor (R) released a statement on Oct. 15 supporting the volleyball team’s decision to forfeit. Lombardo was one of nine Republican governors who asked the NCAA to ban transgender athletes from competing in women’s sports last November.
“As I’ve said previously, I believe there are competition and safety concerns with this issue, and it’s irresponsible for the NCAA to put student-athletes in a position of balancing their personal safety against the schools, competition, and sports they love,” Lombardo said. “The student-athletes at the University of Nevada, Reno have determined that they do not want to play against San Jose State, and I wholeheartedly respect the decision of the players.”
It’s still unclear whether players from UNR and San Jose State will show up to Virginia Street Gym for the scheduled match on Oct. 26 at noon.
Dominic Gutierrez can be reached via email dominicgutierrez@unr.edu or via X @d_m_g_16
