Before Colorado State volleyball originally played San Jose State Oct. 3, the question lingered if CSU would go through with the game or forfeit as others had done in response to an ongoing lawsuit.

It started when former collegiate athlete and political activist Riley Gaines filed a lawsuit that stated the NCAA’s Transgender Student-Athlete Participation Policy violates Title IX.

While CSU played the full match against SJSU, four other Mountain West schools chose to forfeit: Boise State, Wyoming, Nevada and Utah State. 

SJSU suffered its first loss of the season in the game against CSU, losing 3-0.

SJSU setter Brooke Slusser joined Gaines’ class action lawsuit, claiming she has a transgender teammate who she said she believes has a physical advantage over other players. She cited safety concerns because of this.

Along with 10 other current and former collegiate volleyball players and an associate coach of the SJSU volleyball team, Slusser filed a lawsuit in a U.S. District Court Wednesday, Nov. 13, against the Mountain West Conference Commissioner Gloria Nevarez, claiming the conference’s transgender participation policy violates Title IX.

The lawsuit alleges three SJSU players left the team hotel the night before the game, against team rules, to meet up with a CSU player to discuss throwing the game in CSU’s favor. The suit further alleges that SJSU coach Todd Kress did not properly initiate an investigation or report the matter to the Mountain West Conference when it was first brought to his attention.

In addition to allegedly planning to throw the game, one SJSU player is accused of purposely creating opportunities for the CSU player to hit the ball at Slusser to “blast her in the face during the game,” according to the official complaint.

The lawsuit claims SJSU associate coach Melissa Batie-Smoose reported witnessing an SJSU player and a CSU player wink at one another and “blow kisses” during the game.

When Kress was asked about it in an interview with ESPN, Kress denied any allegations of wrongdoing and claimed he and CSU volleyball coach Emily Kohan reviewed film of the game and did not find any evidence of the claims made in the complaint. 

Following the reports of potential misconduct, the Mountain West conducted an investigation but did not find sufficient evidence to support the allegations. They determined no further investigation was necessary.

“Upon receipt of this information, the Mountain West Conference office, in coordination with both member institutions, immediately initiated a thorough investigation into these serious assertions. As a result, the Conference office has determined no disciplinary action is warranted and considers this matter closed,” MW Deputy Commissioner Bret Gilliland wrote, according to The Associated Press. 

A spokesperson for CSU confirmed the university will not be providing any additional statements Thursday night after CSU’s game against Nevada.

The lawsuit was brought to court Thursday morning in Denver where U.S District Court Judge Shane Kato Crews said he will be taking his time to make a decision and issue a written ruling, taking both arguments into consideration.

Despite the controversy, there were not any usual starting players missing from rotation during Thursday evening’s game, and players were not asked about the claims in the lawsuit. 

Reach Sophie Webb at sports@collegian.com or on Twitter @sophgwebb.