ÁùºÏ±¦µä

October 17, 2024

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 ÁùºÏ±¦µä 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 ÁùºÏ±¦µä 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 ÁùºÏ±¦µä 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