Mountain West Conference determines there's insufficient evidence in volleyball Title IX complaint

SAN FRANCISCO (AP) — The Mountain West Conference has concluded there was insufficient evidence to determine misconduct between women's volleyball players from the Colorado State and San Jose State programs ahead of a match last month after a coach filed a Title IX complaint alleging the student-athletes were attempting to manipulate the contest.

San Jose State associate head coach Melissa Batie-Smoose brought her allegations to the conference on Oct. 29, the Mountain West said Saturday through the release of a letter dated Friday from Deputy Commissioner Bret Gilliland to the two university athletic directors sharing findings of an investigation.

“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,” Gilliland wrote.

San Jose State on Saturday said Batie-Smoose is currently away from the team. She alleged that players from each team had “conspired to engage in manipulation of the competition” during the match on Oct. 3 in Fort Collins, Colorado, according to Gilliland's letter sent by email, which was shared with The Associated Press by San Jose State.

“We appreciate the thorough and impartial investigation conducted by the Mountain West Conference," the school said Saturday in a release. "The report is consistent with our internal conclusions.”

The conference said the investigation included conversations with players and officials from both schools and review of match film and other aspects by the coaches and outside experts to conclude there wasn't enough evidence.

“As a result, the Conference office has determined no disciplinary action is warranted and considers this matter closed,” Gilliland’s letter said.

This is yet another challenge the Spartans have faced during a 14-5 season. They beat Colorado State 3-2 at home Saturday after the Rams' sweep Oct. 3 marked San Jose State's first loss following a 9-0 start.

So far this season, Southern Utah, Boise State, Wyoming, Utah State and Nevada have canceled games against the Spartans, with Nevada's players stating they “refuse to participate in any match that advances injustice against female athletes,” without providing further details.

Given that Boise State, Wyoming, Utah State and Nevada are members of the Mountain West Conference, those contests are considered forfeits and count as wins for San Jose State.

In a lawsuit filed against the NCAA, plaintiffs cited unspecified reports asserting there was a transgender player on the San Jose State volleyball team, even naming her. While some media have reported those and other details, neither San Jose State nor the forfeiting teams have confirmed the school has a transgender women’s volleyball player. The AP is withholding the player’s name because she has not publicly commented on her gender identity and through school officials has declined an interview request.

This past week, a separate lawsuit was filed in Colorado by players from various schools against the conference and San Jose State officials calling for the Spartans player not to be allowed participation in the Mountain West volleyball championship that runs from Nov. 27-30 in Las Vegas.

San Jose State coach Todd Kress supported the conference in its determination that the Colorado State match had not been manipulated.

“The findings from the Mountain West’s investigation on this matter are consistent with our own internal conclusions and my review of the game film with Colorado State’s head coach,” Kress said in a statement provided to the AP. “As I’ve already stated, there are numerous inaccuracies being portrayed in the media regarding this matter, and I believe that these findings highlight that. From day one, my top priority as the head coach of the San Jose State women’s volleyball team has been to field a team which conducts itself with integrity, and we are looking forward to continuing with our season.”

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