BREAKING: Boise State wins semi-final round in women’s college volleyball playoffs, withdraws rather than face trans player on San Jose State team

In a statement, Boise State Athletics said, "The decision to not continue to play in the 2024 Mountain West Volleyball Championship tournament was not an easy one. Our team overcame forfeitures to earn a spot in the tournament field and fought for the win over Utah State in the first round on Wednesday. They should not have to forgo this opportunity while waiting for a more thoughtful and better system that serves all athletes."

The game against Boise State and San Jose State was set to take place on Friday evening. The winner of that game goes to the finals, meaning San Jose State goes straight to the final game. San Jose State will be playing the winner of the Friday San Diego State-Colorado State. According to OutKick, the winner of the tournament gets a spot in the NCAA Division I Women's volleyball tournament. Both San Diego State and Colorado have played San Jose State during the regular season and won matches against them.

This comes after a Colorado judge refused to take Fleming out of the competition. Judge S. Kato Crews, a Biden appointee, wrote in a Monday ruling that the plaintiffs "have failed to meet their burden to show irreparable harm, a likelihood of success on the merits, or that the balance of harms or equities is in their favor," and would not grant their emergency motion to receive a preliminary injunction. The plaintiffs in the case are women's volleyball players in the conference as well as a former coach. The plaintiffs appealed the decision.

To be issued a preliminary injunction, a plaintiff must show "probable irreparable harm," Crews noted. He said that the plaintiffs’ "delay in filing this action and seeking emergency relief related to the MWC Tournament weakens their arguments regarding irreparable harm." He wrote that the teams had been competing against each other, along with player Fleming, since 2022, and that no issue had been raised until the beginning of the 2024 season. The plaintiffs took issue with the MWC's Transgender Participation Policy, which states that teams who forfeit against another team over a transgender player will be issued a loss.

In their suit, the players alleged that Fleming had conspired with an opposing team's athlete to have the game thrown and get a fellow player injured. The game in question, which took place on October 3 against Colorado State University, Fort Collins, marked the first loss by San Jose State in the season.

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