OCTOBER 24 UPDATE
The University of Nevada, Reno released this statement regarding the upcoming match against San Jose State:
"Due to not having enough players to compete, the University of Nevada women’s volleyball team will not play its scheduled Mountain West Conference match at San José State on Saturday, Oct. 26. Per Mountain West Conference policy, the match will be recorded as a conference loss for Nevada."
OCTOBER 22 UPDATE
The upcoming Wolf Pack Women’s volleyball game against San Jose State has moved from Reno to San Jose.
The Mountain West Conference posted the October 26th game change on its website.
As we've reported, the Wolf Pack women's volleyball team had been planning not to play in the match because of safety concerns due to San Jose State team having a transgender player on the team.
The University of Nevada and San Jose State released this joint statement:
"The Mountain West Conference women’s volleyball match between Nevada and San José State University scheduled for Saturday, Oct. 26, has been moved from Reno, Nevada, to San Jose, California. The decision to move the location of the match has been made in the best interest of both programs and the well-being of the student-athletes, coaches, athletic staff and spectators. The decision has been made with the approval of the Mountain West Conference."
OCTOBER 17 UPDATE
The University of Nevada, Reno has issued an updated statement along with President Sandoval who has sent a letter addressing Wolf Pack families after several members of its women's volleyball team told the school they were forfeiting an upcoming match against San Jose State on October 26.
In the statement, the University says it wants to clarify certain points regarding the University of Nevada versus San Jose State University match on October 26. You can read the statement and President Sandoval's letter in their entirety below.
University of Nevada updated statement:
"On Oct. 13, a majority of the Wolf Pack women’s volleyball team issued a statement to the University informing it that the team had decided it was forfeiting the scheduled match with San José State University. While players are not authorized to forfeit the match – this decision is one that only the University and our Department of Athletics can officially make – the University continues to support the rights of the volleyball players who choose not to participate.
The University wishes to give added emphasis to what was stated on Oct. 13, that any member of the women’s Wolf Pack volleyball team may opt out of participating in the match on the day of the contest without consequence. No volleyball team member will be subjected to any team disciplinary action for deciding not to participate in the match.
The University made the decision not to declare a forfeiture and move forward with hosting the match as scheduled based on several factors. As a public university, the University is legally prohibited by Section 24 of the Nevada Constitution and other laws and regulations to declare a forfeit for reasons related to gender identity or expression.
Specifically:
- Article I, Section 24 of the Nevada Constitution provides that “Equality of Rights under the law shall not be denied or abridged by this state or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin” (emphasis added). As a State university, a forfeiture for reasons involving gender identity or expression could constitute per se discrimination and violate the Nevada Constitution.
It is also important to understand that:
- The University must protect the First Amendment rights of its students and other individuals. The University acknowledges that a student athlete’s refusal to participate in the match with San José State University can be interpreted as free expression that is protected by the First Amendment of the United States Constitution. Conversely, we also acknowledge that a student athlete’s choice to play in the same match may also be intended as free expression protected by the First Amendment. Consequently, a forfeiture declared by the University prior to the match for reasons involving gender identity or expression could violate the rights of our student athletes whether they choose to compete or not.
The University remains steadfast in maintaining a safe and inclusive learning and teaching environment for all of its students, staff and faculty to freely exercise their protected rights and free speech. As a public institution, the University continues to adhere to State and federal law as well as all of the relevant rules and regulations that govern the institution.
The University remains hopeful that everyone involved with this situation understands and appreciates the complexities of the laws that the institution must follow while supporting and protecting the individual free speech rights of the members of the Wolf Pack volleyball team, students, faculty and staff".
President Sandoval's letter to Wolf Pack families:
Dear Wolf Pack Family,
Recently, the University and members of our women’s volleyball team have made statements regarding the Wolf Pack volleyball team’s upcoming match on Oct. 26 with San José State University. Certain points regarding this issue needs clarification, specifically where the University stands regarding support for all – and I truly do mean all – of our students, faculty and staff, as well as the laws and rules that govern the University in this situation.
On Oct. 13, a majority of the Wolf Pack women’s volleyball team issued a statement to the University informing it that the team had decided it was forfeiting the scheduled match with San José State University. While our players are not authorized to forfeit the match – this decision is one that only the University and our Department of Athletics can officially make – the University continues to support the rights of the volleyball players who choose not to participate.
I wish to give added emphasis to what was stated on Oct. 13 by the University, that any member of the women’s Wolf Pack Volleyball team may opt out of participating in the match on the day of the contest without consequence. No volleyball team member will be subjected to any team disciplinary action for deciding not to participate in the match.
The University made the decision not to declare a forfeiture and move forward with hosting the match as scheduled based on a number of factors. As a public university, we are legally prohibited by Section 24 of the Nevada Constitution and other laws and regulations to declare a forfeit for reasons related to gender identity or expression.
Specifically:
- Article I, Section 24 of the Nevada Constitution provides that “Equality of Rights under the law shall not be denied or abridged by this state or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin” (emphasis added). As a State university, a forfeiture for reasons involving gender identity or expression could constitute per se discrimination and violate the Nevada Constitution.
It is also important to understand that:
- The University must protect the First Amendment rights of its students and other individuals. The University acknowledges that a student athlete’s refusal to participate in the match with San José State University can be interpreted as free expression that is protected by the First Amendment of the United States Constitution. Conversely, we also acknowledge that a student athlete’s choice to play in the same match may also be intended as free expression protected by the First Amendment. Consequently, a forfeiture declared by the University prior to the match for reasons involving gender identity or expression could violate the rights of our student athletes whether they choose to compete or not.
The University remains steadfast in maintaining a safe and inclusive learning and teaching environment for all of its students, staff and faculty to freely exercise their protected rights and free speech. As a public institution, we continue to adhere to State and federal law as well as all of the relevant rules and regulations that govern the institution.
I remain hopeful that everyone involved with this situation understands and appreciates the complexities of the laws that the University must follow while supporting and protecting the individual free speech rights of the members of the Wolf Pack volleyball team, our students, faculty and staff.
Sincere regards,
Brian Sandoval,President
2 News Nevada will continue gathering perspectives on this story and bring you more information as it develops.
OCTOBER 15 UPDATE
The University of Nevada, Reno has issued a statement after several members of its women's volleyball team told the school they were forfeiting an upcoming match against San Jose State.
In the statement, the University says it intends to move forward with the match as scheduled. You can read the statement in its entirety below.
"On Oct. 13, 2024, the majority of members of the University of Nevada, Reno women’s volleyball team sent a statement to the University advising the institution that they were forfeiting its scheduled match with San Jose State University on Oct. 26, 2024. The players’ decision and statement were made independently, and without consultation with the University or the athletic department. The players’ decision also does not represent the position of the University.
The University and its athletic programs are governed by the Nevada Constitution and Nevada law, which strictly protect equality of rights under the law, and that equality of rights shall not be denied or abridged by this state or any of its subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin. The University is also governed by federal law as well as the rules and regulations of the NCAA and the Mountain West Conference, which include providing competition in an inclusive and supportive environment.
The University intends to move forward with the match as scheduled, and the players may choose not to participate in the match on the day of the contest. No players will be subject to any team disciplinary action for their decision not to participate in the match."
Meanwhile, Nevada Governor Joe Lombardo released a statement of his own on social media offering support to players who are refusing to play. His full statement is available below.
"As I've said previously, I believe there are competition and safety concerns with this issue, and it's irresponsible for the NCAA to put student athletes in a position of balancing their personal safety against the schools, competition, and sports they love.
The student athletes at the University of Nevada, Reno have determined that they do not want to play against San Jose State, and I wholeheartedly respect the decision of the players.
No student athlete should ever be pressured to play a game where they don't feel safe - period.
The NCAA has a responsibility to address this issue in a consistent way that protects the integrity of women's sports and the student athletes who participate."
2 News Nevada will continue gathering perspectives on this story and bring you more information as it develops.
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ORIGINAL ARTICLE
Nevada Women's Volleyball will have the choice whether or not to participate in their upcoming game against San Jose State University.
According to the university, the majority of team members sent the school a statement yesterday saying they were forfeiting from the match.
Today, university officials say that the decision was made independently. The school plans to move forward with the game as scheduled.
Players will not be disciplined if they choose not to participate.
It comes after other schools have forfeited playing San Jose State, reportedly due to them having a transgender player on the roster.
In a statement, the university tells us that they made the decision to move forward with the match based on Nevada law, as well as rules and regulations from the NCAA and the Mountain West conference.
The statement also says that the players' decision does not represent the position of the university.
