Biden Judge Helped SJSU Hide a Man in the Women’s Locker Room and Now SCOTUS Will Decide What Comes Next

Brooke Slusser lost 32 pounds, lost her menstrual cycle for nine months, and lost her scholarship.

All because San Jose State University hid a biological male in her locker room and her hotel room for a full year without telling her.

Now a Biden-appointed federal judge just handed SJSU a lifeline – and Slusser's only path to justice runs straight through the Supreme Court.

The Biden Judge Who Let SJSU Keep Blaire Fleming on the Court

Colorado District Judge Kato Crews – appointed by Joe Biden in January 2024 – issued his ruling on the Slusser v. Mountain West motion to dismiss this week.

Crews tossed all charges against the Mountain West Conference entirely.

He kept the Title IX damages claims against SJSU and the California State University system alive, but then deferred ruling on those claims until the Supreme Court decides West Virginia v. B.P.J.

That case was argued before the Supreme Court's conservative majority on January 13, 2026.

Court watchers came out of those arguments with a consensus: the justices appear likely to uphold state bans on biological males competing in women's sports.

Slusser's attorney, Bill Bock of the Independent Council on Women's Sports, agrees.

"I believe that the court is going to find that Title IX operates on the basis of biological sex," Bock told Fox News Digital.

He expects a ruling in June – and expects it to be a decisive win for women's sports.

What San Jose State Did to Brooke Slusser and Her Teammates

Let's be clear about what happened at San Jose State, because the university's own athletic director called it "the best possible way" to handle the situation.

SJSU recruited Blaire Fleming – a biological male – to play women's volleyball.

The school ordered its coaching staff to keep Fleming's biological sex hidden from the women on the roster.

For an entire season in 2023, Slusser was forced to share hotel rooms and changing spaces with Fleming.

When a female athlete discovered that Fleming had allegedly conspired to have an opposing player spike her in the face during a match, SJSU did not investigate the conspiracy.

Instead, the school turned around and hit that female athlete with a Title IX complaint – for using the wrong pronoun.

Trump's Department of Education investigated and confirmed every bit of it.

In January 2026, the department formally found SJSU in violation of Title IX, gave the university 10 days to comply with a resolution agreement, and warned of imminent enforcement action if they refused.

The resolution agreement required SJSU to publicly declare that sex is biological and unchangeable, issue individual apology letters to every woman whose athletic career was compromised, and hand back any records or titles that belonged to female athletes.

SJSU – a California State University school whose board includes the Governor as an ex-officio trustee – responded by saying it was "reviewing the findings."

California's CSU Board, a state body that answers directly to Sacramento, is still a named defendant in the active Title IX damages case.

The Price Brooke Slusser Paid

Slusser dropped to 128 pounds from 160 at 5-foot-11.

She lost her menstrual cycle for nine months.

She got two to four hours of sleep per night, took melatonin just to function, and had recurring nightmares about being back at practice in San Jose.

When her parents finally saw her over Christmas break, they told her she was not going back to campus.

She dropped her online classes that final semester – and because she was on an athletic scholarship, losing the classes meant losing the scholarship.

Her family paid her apartment and tuition out of pocket for a semester she never finished.

She still doesn't have her degree.

Seven competing teams forfeited rather than play against SJSU while Fleming was on the roster.

The assistant coach who filed a Title IX complaint on behalf of the female players had her contract not renewed.

SJSU Athletic Director Jeff Konya told Fox News Digital in July that he was satisfied with how the university handled the situation.

Why the Slusser v Mountain West Ruling Actually Helps Her Case

Here's what's actually remarkable about Judge Crews' ruling – and why Slusser's team should be cautiously relieved rather than outraged.

A Biden-appointed judge, by refusing to rule on the Title IX damages claims, has inadvertently handed Slusser a better legal position than a ruling against her would have.

If Crews had dismissed those claims outright, Slusser would be fighting uphill on appeal with unfavorable precedent already on the books.

Instead, the case is now parked – waiting on a Supreme Court that showed up to oral arguments in January already skeptical of the trans athlete position and signaling it intends to rule that Title IX means biological sex, period.

Bock's team isn't going to get a hostile ruling they have to overturn.

They're going to get a SCOTUS foundation they can build on.

Title IX was passed in 1972 specifically to guarantee equal athletic opportunities for women – and female participation in high school sports grew over 1,000 percent after its passage.

What the conservative majority is about to do this June is restore what Title IX actually said before the Biden administration spent four years trying to rewrite it.

Bock said an appeal of the Mountain West dismissal is also coming.

"There's a real flaw in the dismissal of the Mountain West Conference," Bock told Fox News Digital. "I think an appeal is very likely."

The Mountain West said it was "pleased" with the outcome.

SJSU said it was "pleased" with the outcome.

Gavin Newsom's CSU system said it was "pleased with the court's ruling."

Brooke Slusser stood on the steps of the Supreme Court on January 13, in front of a divided crowd, and told her story while the justices heard arguments inside.

She lost 32 pounds and her scholarship fighting the people who were supposed to protect her.

They're about to find out what happens when the Supreme Court disagrees with their definition of "pleased."

Sources:

• Jackson Thompson, "SJSU volleyball scandal lawsuit could be impacted by Supreme Court trans athlete cases after judge's decision," Fox News, March 4, 2026.
• Jackson Thompson, "Former SJSU volleyball star reveals 'severe' health issue that stemmed from Title IX conflict with school," Fox News, November 30, 2025.
• "San Jose State found in violation of Title IX for biological male on women's volleyball team," The Washington Times, January 28, 2026.
• "Trump Admin Hits University With Title IX Violation Over Male Athlete In Women's Sports," Daily Wire, January 30, 2026.
• Amy Howe, "Supreme Court appears likely to uphold transgender athlete bans," SCOTUSblog, January 13, 2026.
• "AG McCuskey prepares to defend West Virginia's Save Women's Sports Act in U.S. Supreme Court," Office of the WV Attorney General, 2026.
• "U.S. Department of Education to Investigate Title IX Violations in Athletics," U.S. Department of Education press release.