- by foxnews
- 26 Nov 2024
Crews wrote the plaintiffs' request for an emergency delay "was not reasonable" and "would risk confusion and upend months of planning and would prejudice, at a minimum, (San Jose State) and other teams participating in the tournament."
The players, who represented several schools in the Mountain West Conference, sought to have forfeits rescinded, the standings adjusted and Fleming banned from the tournament citing First Amendment and Title IX violations.
Crews' ruling allowed Fleming to play in the tournament and the forfeits remain as losses. Boise State, Wyoming, Utah State and Nevada were among the Mountain West schools to cancel games against San Jose State over Fleming's presence on the team. Those games resulted in forfeits and losses, while it helped the Spartans to a No. 2 seed in the conference tournament.
"San José State University will continue to support its student-athletes and reject discrimination in all forms. All San José State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules," the school said in a statement to Fox News Digital.
"We are gratified that the Court rejected an eleventh-hour attempt to change those rules. Our team looks forward to competing in the Mountain West volleyball tournament this week."
Fleming has been one of the top players in the conference and an offensive anchor for San Jose State this season, even amid the controversy. Fleming is third in the conference in average kills per serve with 3.86 and amassed 297 total kills on the year despite playing seven fewer games than expected due to the forfeits. It's helped give San Jose State the third-best hitting percentage in the Mountain West.
A Mountain West Conference spokesperson told Fox News Digital last week it planned to crown San Jose State champions if they win the tournament.
On the other side of the bracket, Colorado State holds the No. 1 seed in the tournament.
Colorado State played both games against San Jose State this year, as the teams split the series. Fresno State and San Diego State, two other teams that played the Spartans amid the controversy this year, will face off in the quarterfinal for the right to face Colorado State.
But there is bound to be uncertainty in San Jose State's semifinal, regardless of what team advances to that round, under the current setup.
The tournament begins on Wednesday.
Fox News' Jackson Thompson contributed to this report.
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