By james art 
Amid the recent controversy surrounding the Nevada women’s volleyball team, a potential lawsuit against the University of Nevada, Reno could follow.
Joey Gilbert, a local criminal justice attorney and UNR alumnus, told NSN and KRNV that some volleyball players are considering suing the university.
This potential lawsuit comes after numerous statements were made regarding the Oct. 26 game against San Jose State, which featured Blair Fleming, an outside hitter who is an alleged transgender athlete.
The majority of the volleyball team voted to forfeit the match. However, the university released a statement saying that despite the vote, it intends to go ahead with the scheduled game.
Brian Sandoval, the university’s president, released his own statement on Oct. 17, explaining that because of Section 24 of the Nevada Constitution, the university cannot legally refuse an event based on gender identity or expression.
Gilbert told NSN and KRNV that he represents multiple UNR volleyball players and they are exploring all potential options regarding player safety and possible Title IX violations.
“As legal counsel for several individual players on the University of Nevada, Reno women’s volleyball team, we are carefully considering all legal options to protect their rights and safety,” Gilbert told KRNV and NSN. “These athletes have raised legitimate concerns about the fairness and physical risks of competing against a transgender San Jose State University player.
“Beyond this particular situation, we believe that the policies of the NCAA, the Mountain West Conference and San Jose State University may violate Title IX by allowing conditions that disadvantage female athletes and jeopardize their safety.” We are currently evaluating potential legal action against these organizations and may seek an injunction to ensure that the rights of these athletes are protected in future competitions, including the Mountain West Conference Championships.”
In response, the university said it had not received a lawsuit from the team or Gilbert.
“We are not aware of any complaint filed against the university by Mr. Gilbert,” a university spokesman said.
Although the university cannot legally forfeit the game, it told the players they would not face any discipline if they chose not to play.
Sandoval also noted that the players are exercising their First Amendment right and the university should protect that.
“The university must protect the First Amendment rights of its students and others,” Sandoval said. “The university recognizes that a student-athlete’s refusal to participate in the San Jose State University game could be construed as free expression, which is protected by the First Amendment to the United States Constitution.” Conversely, we also recognize that a student athlete’s choice to play in the same game may also be construed as free expression protected by the First Amendment. Therefore, a forfeiture announced by the university prior to the game for reasons involving gender identity or expression may violate the rights of our student-athletes, whether they choose to compete or not.”
If the game is not played, Nevada will be the fifth school to cancel a game against San Jose State. Utah Southern, Utah State, Boise State and Wyoming were the other four schools.
Sia Lilly, Nevada’s volleyball captain, told OutKick.com, a conservative website owned by Fox, that the decision not to play was based on unfairness against female athletes.
“We have decided that we will stand in solidarity with other teams that have already opted out, and that we will not participate in a game that promotes gender discrimination or injustice against female athletes,” Liili told OutKick.
Nevada Governor Joe Lombardo (R) released a statement on Oct. 15 supporting the volleyball team’s decision to opt out. Lombardo was one of nine Republican governors who asked the NCAA to ban transgender athletes from competing in women’s sports last November.
“As I’ve said before, I believe there are competition and safety concerns in this matter, and it’s irresponsible for the NCAA to put student-athletes in the position of balancing their personal safety with the schools, competitions and sports they love,” Lombardo said. “The student-athletes at the University of Nevada, Reno have decided they do not want to play against San Jose State, and I wholeheartedly respect the players’ decision.”
It is not yet clear if players from UNR and San Jose State will show up at Virginia Street Gym for the scheduled Oct. 26 noon game.
You can contact Dominic Gutierrez via email [email protected] or via X @d_m_g_16