Witnesses at a state legislative hearing in Boise, Idaho, on Thursday gave accounts of the "horror" that some college women's volleyball players experienced during the 2024 season amid a national controversy involving a trans athlete. 

The testimonies came during a hearing to discuss passing the Fairness in Women's Sports Act, which has been proposed by Idaho state representative Barbara Erhardt.

San Jose State University, whose volleyball team rostered player Blaire Fleiming, and the Mountain West Conference is facing a lawsuit from multiple women's volleyball players alleging the school withheld the fact that Fleming is a biological male from players. The lawsuit also alleged Fleming was given a roster spot and scholarship over female players who claim to have been emotionally and financially impacted by the experience.

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Fleming led the Spartans all the way to the Mountain West Championship game amid the lawsuit. However, eight of San Jose State's matches were forfeited by opponents in the wake of the controversy, including a conference tournament semifinal match against Boise State. 

Boise State forfeited three total matches against SJSU in 2024, and were praised by Erhardt and other speakers at the hearing for the decision. 

One parent of a player in the conference gave her account of the situation on Thursday. She also condemned all the schools who did not forfeit to SJSU. 

"I am an Idaho mom who experienced it first hand with a daughter who played in the Mountain West conference," said a woman named April Cheney. 

"NCAA president Charlie Baker, Mountain West commissioner Gloria Nevarez and all the Mountain West college presidents and athletic directors who did not boycott, you failed to protect women's sports. NCAA and Mountain West conference, I blame you for the season that took way a year of eligibility, forced forfeits to record as losses, and a conference championship that was a complete shame!" 

WHO IS BLAIRE FLEMING? SJSU VOLLEYBALL PLAYER DOMINATING FEMALE RIVALS AND ENRAGING WOMEN'S RIGHTS GROUPS

Former NCAA swimmer and prominent conservative influencer Riley Gaines, who regularly organizes with other women's athletes who have been impacted by trans inclusion and is leading a lawsuit against the NCAA over the issue, revealed her account of what the players went through, based on discussions with them. 

"They were emotionally blackmailed into believing they were the problem," Gaines said of the players, adding that Boise State was the only university that showed administrative support to players who wished to forfeit. 

"The overwhelming majority of them did not want this brought upon them. No one asked for this, this is not a situation they wanted to be in," Gaines added. "These girls were terrified, they were terrified to stand tall, they were terrified to stand up for themselves, they were terrified of the things that would potentially come if they merely said ‘Men and women are different.’"

Marshi Smith, the co-founder of the legal advocacy group the Independent Council on Women's Sports, gave a testimony where she claimed that the female athletes who joined the lawsuit felt threatened by retaliation from their university if they spoke out against trans inclusion. 

"What will they do to us for speaking up?" the players often asked, according to Smith. 

SJSU TRANSGENDER VOLLEYBALL SCANDAL: TIMELINE OF ALLEGATIONS, POLITICAL IMPACT AND A RAGING CULTURE MOVEMENT

Smith elaborated on these players' questions in a follow-up statement to Fox News Digital. 

"They’re often terrified of losing scholarships or being kicked off their teams. At San Jose State, administrators exploited these fears by telling them to stay quiet because it’s Blaire Fleming’s story to tell, not their own," Smith said. 

San Jose State has provided a statement to Fox News Digital in response to the statements at Thursday's hearing. 

"All San Jose State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules," the statement read.

Smith also alleges that volleyball players at the University of Nevada, Reno, were threatened with legal action if they refused to compete against San Jose State in a match that was scheduled for October, but was never played. 

"At UNR, school administrators warned athletes they could face legal action if they refused to compete against SJSU’s team, which included a male starter," Smith said. 

Nevada has not responded to Smith's allegations upon request for comment. The university has previously provided a statement saying the athletes were free to not play the game without discipline and that it was continuing with the match in order to adhere to state law that aims to prevent discrimination against transgenders.

After the players pleaded with their university to forfeit to SJSU weeks prior to the match, the university declined the request and put out a statement insisting it would play the match. But hen the players went public with their grievances over the situation, sparking weeks of controversy. Eventually, Nevada had to cancel the match on Oct. 25, just one day before it was scheduled to be played, because it didn't have enough players willing to play. 

However, even with forfeits by Nevada, Boise State, Utah State, Southern Utah and Wyoming this season, dozens of other players were still forced to play against Fleming, some without even knowing of the nature of the player's birth sex. 

Their first opponent of the season, Louisiana Tech, took the court against Fleming without knowing about the biological gender of the player. 

Louisiana Tech head volleyball coach Amber McCray confirmed to Fox News Digital that her team did not know about the situation involving Fleming's natural birth sex, and they did not find out until the day after the match via rumors from parents. 

LA Tech athletic director Ryan Ivey suggested that if they had known Fleming's natural birth sex, the team "would have sought "a different outcome," in emails obtained by Fox News Digital. 

Then there are Fleming's own teammates, including former SJSU co-captain Brooke Slusser, who is leading the lawsuit against the Mountain West, and has also signed on to Gaines' lawsuit against the NCAA, citing her experience with Fleming.

Slusser has told Fox News Digital that the experience has been "traumatic." 

"This season has been so traumatizing that I don't even have a proudest moment," Slusser said. 

In Slusser's ongoing lawsuit against SJSU and the Mountain West, her plaintiff list also includes players Alyssa Sugai, Elle Patterson, Sia Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle, Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk and former SJSU assistant volleyball coach Melissa Batie-Smoose. 

SJSU has also recently acknowledged a recent mass exodus of volleyball players who entered the transfer portal, as nearly every remaining player who is still eligible is now looking to leave the program. 

"Student athletes have the ability to make decisions about their college athletic careers, and we have the utmost respect for that," a statement read.

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Six states, including one with a Democratic governor, have either banned or prohibited the use of diversity, equity, and inclusion (DEI) initiatives in public colleges and universities this year.

The practice of DEI in higher educational institutions has been controversial for several years, most frequently opposed by Republicans and described by critics, such as civil rights attorney Devon Westhill, as an "industry that pushes a left-wing, far-left ideological orthodoxy in essentially every area of American life."

In 2024 alone, Alabama, Idaho, Iowa, Indiana, Kansas and Utah either banned or limited the use of such teaching or use in the application process in their state's education system.

In January, Utah Gov. Spencer Cox, a Republican, signed legislation to prohibit institutions from engaging in "discriminatory practices" such as "that an individual, by virtue of the individual’s personal identity characteristics, bears responsibility for actions committed in the past by other individuals with the same personal identity characteristics." 

INDIANA UNIVERSITY COURSE TEACHES PEOPLE ARE INHERENTLY ‘OPPRESSORS’ BECAUSE OF THEIR RACE, SEX, RELIGION

The anti-DEI law also banned schools from having any policy, procedure, practice, program, office, initiative, or required training that is referred to or called "diversity, equity and inclusion."

In March, Republican Gov. Kay Ivey of Alabama signed SB 129 into law. It prohibits certain DEI offices, as well as the "promotion, endorsement, and affirmation of certain divisive concepts in certain public settings."

The bill bans "divisive concepts," such as "that any individual should accept, acknowledge, affirm, or assent to a sense of guilt, complicity, or a need to apologize on the basis of his or her race, color, religion, sex, ethnicity, or national origin" and "that meritocracy or traits such as a hard work ethic are racist or sexist."

The legislation also required that restrooms be used on the basis of biological sex rather than gender identity, and that public institutions of higher education "authorize certain penalties for violation."

Also in March, Indiana adopted legislation to amend the duties of state educational institutions' diversity committees and increase "intellectual diversity." Additionally, the Indiana House introduced legislation to further prohibit DEI teachings in schools by mandating that educators "shall not promote in any course certain concepts related to race or sex."

BIDEN EDUCATION DEPARTMENT SPENT OVER $1 BILLION ON DEI GRANTS: REPORT

Kansas Gov. Laura Kelly, a Democrat, allowed legislation prohibiting postsecondary educational institutions from engaging in certain DEI-related actions to become law without her signature. The bill, passed in April, imposes a $10,000 fine on any public institution that employs DEI practices in faculty hiring or student enrollment processes.

"While I have concerns about this legislation, I don’t believe that the conduct targeted in this legislation occurs in our universities," Kelly wrote in her passage of the bill.

Iowa Gov. Kim Reynolds, another Republican, signed an education-funding bill in May that contained provisions to limit DEI in schools, just months after the state's board of education began to scale back on such practices in higher education.

The bill prohibits "any effort to promote, as the official position of the public institution of higher education, a particular, widely contested opinion referencing unconscious or implicit bias, cultural appropriation, allyship, transgender ideology, microaggressions, group marginalization, antiracism, systemic oppression, social justice, intersectionality, nee-pronouns, heteronormativity, disparate impact, gender theory, racial privilege, sexual privilege, or any related formulation of these concepts." 

Idaho became the latest state to determine that institutions may not "require specific structures or activities related to DEI."

In December, the Idaho Board of Education unanimously agreed on a resolution requiring that institutions "ensure that no central offices, policies, procedures, or initiatives are dedicated to DEI ideology" and "ensure that no employee or student is required to declare gender identity or preferred pronouns."

Other states, such as Florida, Texas and Tennessee, have all previously banned the practice of DEI in higher education.

Darwin Vander Esch, the father of former Dallas Cowboys star Leighton Vander Esch, was arrested over the weekend on domestic violence-related charges, according to online records. 

The 61-year-old was arrested just after midnight Sunday after law enforcement in Idaho received a report of an alleged domestic battery. 

Darwin Vander Esch was arrested for felony attempted strangulation, misdemeanor domestic battery and misdemeanor intentional destruction of a telecommunication device, according to online records from the Idaho County Sheriff’s Office, 

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The circumstances of the alleged incident were not immediately clear. 

Earlier this year, Leighton Vander Esch announced his retirement from the NFL after a series of neck injuries. 

The 28-year-old linebacker sustained a season-ending neck injury during the team’s Week 5 loss to the San Francisco 49ers last season. It was the third time in six seasons he played in 10 games or fewer.

COWBOYS RELEASE LEIGHTON VANDER ESCH AMID THREAT OF CAREER-ENDING NECK INJURY

"I realize that I am no longer able to adhere to the unwavering standard of excellence that professional football demands. I say this with a heavy heart: I am medically retiring from the NFL. I love the game of football so much, but my body won't cooperate any longer," he said at the time. 

"I cherished every moment of my NFL career, and it has been such a blessing to play the game for as long as I have played. This year, things may look a little different for me, but the sole focus is being a great husband and father for my loving family."

The Cowboys selected Vander Esch with the No. 19 overall pick of the 2018 draft, but, in his second season, he had a nerve issue in his neck that cost him the final few weeks of the season. The 2020 season was also derailed because of a similar issue, but he was able to return that year. 

In 2023, he sustained another neck injury before managing to return for the playoffs. 

Fox News’ Ryan Gaydos contributed to this report. 

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EXCLUSIVE: Idaho Republican Gov. Brad Little has addressed the decision by Boise State University's volleyball team to forfeit Friday's Mountain West Tournament match against San Jose State. 

Boise State forfeited to San Jose State for the third time this season, sacrificing a chance to win a championship by refusing to take the court against trans athlete Blaire Fleming as a national controversy over the team has erupted in recent months.

Little said there is an "unfortunate" element that his state's school will miss out on the chance to win a conference title, but commended the team as "leaders." 

"It is unfortunate our women athletes must choose fairness in their sport and their own safety over their ability to play in a match-up they earned. Even with their biggest game of the season on the line, the Boise State women's volleyball team has consistently shown leadership for female athletes everywhere. Idaho will continue to fight to defend women's sports," Little told Fox News Digital. 

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Little has been one of the Republican leaders at the forefront of combating trans inclusion in women's sports during the Biden administration. In August, he passed an executive order to enforce the "Defending Women's Sports Act" in his state, which requires public schools to restrict and prevent trans inclusion in girls' sports. 

Boise State was one of the first teams to forfeit, losing its Sept. 28 regular season match against San Jose State earlier this season when the two teams were playing in California. Little commended the team for doing so then in an X post. 

"I applaud [Boise State] for working within the spirit of my Executive Order, the Defending Women’s Sports Act," his post on X read. "We need to ensure player safety for all of our female athletes and continue the fight for fairness in women’s sports." 

Boise State and San Jose State were scheduled to play a rematch for their regular season finale on Nov. 21. 

In an exclusive interview with Fox News Digital on Nov. 1, Little said he was confident that that game would also be forfeited, and the consequences of it potentially being played in his home state could incite the intervention of prosecutors. 

"That will be something for a prosecutor and a judge to determine, I've got a pretty good level of confidence that it's not going to take place against the Boise State women athletes, it's just not going to happen here," Little said. 

Little has taken a hard stance against trans inclusion in women's sports and told Fox News Digital he would back President-elect Trump's proposed full-on ban of trans athletes competing against biological females. It is an issue that took the country by storm in the recent election cycle. 

SJSU TRANSGENDER VOLLEYBALL SCANDAL: TIMELINE OF ALLEGATIONS, POLITICAL IMPACT AND A RAGING CULTURE MOVEMENT

Even for a state like Idaho, which has not had notable cases of trans athletes trying to participate against women, it was still an issue that became top of mind for voters. Little previously told Fox News Digital in August that there was no particular incident of trans inclusion happening in his state that played into his decision to pass the executive order, that the citizens in his state supported and backed the order due to the instances of it happening nationwide. 

Idaho is one of 23 states that have laws set up to restrict or prevent transgender inclusion in women's sports. However, even some of the states with those laws have had incidents where trans inclusion in a girls' sport was enabled via the ruling of a federal judge. 

Judges Landya McCafferty in New Hampshire and M. Hannah Lauck of Virginia, both of whom were appointed during the Obama administration, each passed rulings this year that enabled biological males to play on high school girls soccer and tennis teams. McCafferty passed a rule that allowed two trans athletes to compete on girls high school soccer teams in New Hampshire, while Lauck ruled that an 11-year-old trans tennis player was allowed to compete against girls the same age in Virginia. 

Little admitted he worries about similar rulings affecting schools in his state, especially from judges from California. Idaho is in the United States Court of Appeals for the Ninth Circuit, which is shared with California, Oregon and Washington. 

"You always worry about it," Little said. "We are in the ninth circuit, Idaho is, which, there is a lot of judges out of California, but that's a problem that we meet with on all kinds of fronts." 

Little is now just one of many political figures to speak out in agreement with Boise State about its recent and consequential decision to forfeit the conference semifinal. 

Texas state Rep. Justin Burrows gave his praise to Boise State in an X post. 

"Big respect to Boise State’s women’s volleyball team for standing up for fairness by forfeiting their semifinal match against San Jose State, which has a biological man posing as a woman on the roster. Their decision shows real courage and a commitment to keeping women’s sports fair. Proud to see them take a stand for what’s right!" Burrow wrote on X. 

Meanwhile, Little's fellow Idaho Republican, Sen. Jim Risch, spoke out against the Mountain West conference for allowing Fleming's participation in the first place. 

"The [Mountain West] has failed our Boise State women’s volleyball team. These women have worked too hard for too long to be denied their right to fair, safe competition. We must fight to protect women’s sports," Risch wrote on X. 

A federal judge had the ability to prevent Flaming from competing in the tournament but ruled to allow it instead. Kato Crews in Colorado, appointed by President Biden in January, denied a motion for injunctive relief in a lawsuit by college volleyball players against the conference.

A dozen women jointly filed the suit against the Mountain West and its commissioner, alleging violations of Title IX and their First Amendment rights. Among the women are SJSU co-volleyball captain Brooke Slusser and two former Spartans as well as athletes from other Mountain West schools. 

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