right now, at eight, san jose state women's volleyball team hits the court as controversy grows. what fs have to say about a new lawsuit filed by the team's co-captain and others. plus, a new strain of mpox detected in the bay area. what we know about the patient and why the discovery is causing concern. also a clear and chilly start to the weekend, but wet weather is heading our way. we're tracking when and where you could see rain. good evening everyone. thanks for joining us. i'm terry mcsweeney and i'm gia vang. the san jose state women's volleyball team was back on the court amid ongoing controversy

and new legal action. at issue reports, there is a transgender athlete playing for the spartans. earlier this week, several people, including the team's co-captain, filed a title nine lawsuit. today's match was the first since that suit was filed. nbc bay area's kristy smith was there and has reaction from fans. cheers. today at san jose state as the spartans women's volleyball team took on the colorado state rams. i'm a die hard women's volleyball fan, man. for decades, a hot button issue has thrust the san jose state team into the national spotlight. uproar over reports that a transgender athlete is playing for the spartans is now headed to court. we are not naming the player in question who has not publicly come out as trans for privacy concerns. we've seen the story and just wanted to come out and, you know, come see a game. it's

always fun to see live sports, and we believe that all women should be able to participate in women's sports. sjsu co-captain brooke slusser and assistant coach and ten athletes from the mountain west conference have filed a lawsuit against the conference. the csu and three sjsu staffers, including the head coach. the lawsuit claims title nine rights are being violated by allowing a transgender athlete in women's sports. the plaintiffs want the spartans out of the upcoming conference tournament. losses to teams that forfeited, removed and san jose state to forfeit games won with the player in question. it's amazing that other teams in the conference can stand up and just say, no, we're not doing this. and yet our school is still okay with having one person on our team that's causing all of these issues. the suit is being financed by the independent council on women in sports. i've been involved with lgbtq student athlete rights for many years.

helen carroll has worked with transgender youth athletes. my message is that transgender women athletes have been participating in sports. they have not destroyed women's sports. i mean, the number is so small, even though that doesn't matter, they do meet the regulations set up by the league and the player qualifies. in a statement, the mountain west conference says it can't comment on the pending lawsuit, but takes concerns about the health of student athletes and fairness seriously. san jose state says it received the complaint and will review and respond appropriately. meantime, the legal action isn't stopping sjsu from putting another w up this season. the spartans beat colorado state 3 to 2 in san jose. christie smith, nbc, bay area news. well, the mountain west conference says there is not enough evidence to determine misconduct between colorado state and san jose state during

their last match. one of the spartans assistant coaches, melissa bd smith, says she filed a title nine complaint last month. the complaint is not public, but bd smooth spoke with a conservative blog about it, saying it accused the player at the center of this controversy of working with colorado state to target brooke slusser, the spartans co-captain. as a result of the interview, bd smooth says she was removed from the team. sjsu confirmed her absence but did not provide specifics. the mountain west conference says it reviewed the match and interviewed coaches and players, but didn't find any evidence to back up the claims. so the case is now closed. now, the spartans head coach, todd kris, responded to the decision in a statement. he said in part, quote, there are numerous inaccuracies being portrayed in the media regarding this matter, and i believe these findings highlight that. he says they look forward to continuing this season. take you outside right now, a live look across the bay area, san francisco to san jose. a bit chilly, a pretty

clear today. it's kind of hard to believe what's coming is coming. meteorologist rob mayeda is here to tell us what that is. yeah, especially when you see the pretty moon rise there across the bay. no clouds. well, big changes, just around the corner. we're going to see skies filling up with the cloud cover that will be dropping in out of the north during the day tomorrow. and this will set into motion those changes, which will involve some rain chances across the north bay by about noon. and then once we move forward into the afternoon and evening, you see the rain chances moving southward. now, low rain totals expected on sunday. but look at the atmospheric river set up as we head from midweek. towards the beginning of next weekend. there is the potential with this next round of rain coming up midweek to next weekend, that northwestern california, parts of coastal oregon could see significant rain totals and some of that spilling closer to the bay area. later next week, we'll give you the timeline on tomorrow's showers and how much rain we could be seeing ahead in that seven-day forecast coming up in a few minutes. rob. thanks. the highest tides of the

year. they are back in the bay area. they're called king tides. and check out this video. this is from marin county this morning. and you can see the water right there has overflowed into streets and roadways. the national weather service issued a flood advisory for san francisco and other coastal regions through monday, and some cyclists say they had trouble avoiding the floods on their morning ride. normally, i check a tide chart before i head out. i forgot, but unfortunately this is the only way to get to sort of northern marin so you don't have a choice. you kind of have to navigate this regardless. the national weather service is urging people to watch out for road closures or delays because of the flooding. after this weekend, the king tides will make another appearance in mid december, and they happen when the moon is closest to the earth during a full or new moon. and don't forget, you can track the weather while you're on the go with our free nbc bay area app. just scan that qr code right there on your screen to download it. we just redesigned the

weather section as well. it is more accurate than the weather app on your phone. the first case of a more severe strain of mpox has been detected here in the bay area. it is called clade one, and san mateo county health leaders say this is the first reported case in the united states. officials say the person became infected after traveling in eastern africa. that's where a current outbreak is underway. the patient has mild symptoms, is recovering at home. another strain of mpox, called clade two, has been circulating in the u.s. since 2022. we've done a lot of reporting on that, but clade one has not made it to the u.s. until right now, the world health organization says mpox is a virus that can spread between people through close contact, or from infected animals to people after exposure in about 4 to 7 days, you get flu like symptoms, so headache, muscle aches, fever and about 2 or 3 days after that, you start getting these boils that people know about from 2022. they can occur in any part of the body, usually on the

arms, on the face, and if there is intimate contact around the genital area. the county says it's reaching out to anyone who could have been in contact with that infected person. okay, san jose animal care and services needs to do more to protect animals in the shelter. that is the finding of a new audit released by the city. the city council called for the audit after complaints from the community about poor conditions for dogs and cats at the shelter. the new report found that the shelter is way over capacity. according to the audit in july and august, there were 700 animals crowded into the shelter built for 500, making disease prevention more difficult. animal advocate jennifer flick fought for the audit and says overcrowding can have extreme impacts on dogs and cats. the ultimate impact is death because if animals are catching diseases and then having to be euthanized, or if the overcrowding is causing stress, especially for the big dogs, and it causes behaviors

that then results in them being euthanized. so the basic result is potentially death. we reached out to san jose animal care and services, which says it agrees with the audit's recommendations and looks forward to delivering on them. mayor matt mahan says the audit indicates the shelter is over capacity under water and needs to expand staffing. he says the audit provides a roadmap to lead to improvements dire and dysfunctional. that's how a new report is characterizing the relationships between the santa clara county board of education and administrators, the state agency tasked with helping schools resolve fiscal and operational issues, has been reviewing santa clara county's office of education for months, the report says. the board failed to follow its own management policies. that report comes after the unexpected removal of former school superintendent mary ann dwan. its authors warn that the problems could lead to financial consequences for the county and its 234,000 students. bay area biotech giant gilead sciences is

laying off more than 100 workers. it announced it is cutting 104 positions from its foster city headquarters, but not immediately. the layoffs will take effect in march and april, and among the cuts, several vice presidents, researchers and recruiters. the company has also announced office closures in seattle and philadelphia. gilead, best known for its popular hiv drugs and its covid treatment, remdesivir. next stop peru caltrain, is giving some of its old trains a brand new home. the rail service is sending more than 100 retired diesel trains to lima, peru, as part of an agreement between caltrain and the peruvian government. the fleet will be used for a new commuter rail service in lima, and caltrain gets $6 million. not a bad deal. diesel fleet was in service for nearly 40 years in the bay area, but caltrain switched to all electric trains this year. big day here at nbc bay area. it is that time of year again. our 15th annual nourishing neighbors campaign. it is back. nbc bay area and telemundo 48 have

partnered with safeway to combat food insecurity. you can see several of our team members. they were spread out all across the bay area. jeff ranieri, pete suratos, janelle wang, mike inouye, bigad shaban and others look alamo to san francisco all getting the word out at stores earlier today. so far, we've already helped raise almost $100,000 and you at home help us do that. but the bar is high. last year you helped us raise over $4 million for those in need. several bay area food banks are benefiting from the campaign, including second harvest silicon valley. each dollar you donate will pay for two meals, so volunteers at the food bank, they were busy packing up those meals to those in need and we talked to customers who their donations today helped make this possible. a lot of people are less fortunate, and i, i i've been there, so i want to help out. this is a special time of year, but people are hungry all year

long and i think it hits hits me more during this holiday season. the thought of people being hungry is just and in our area, in affluent area like silicon valley. yeah, really important. and thank you to those who donated today our nourishing neighbors food drive. it runs through christmas day. you can go to nbcbayarea.com to learn more about where your donation goes. coming up, the show must go on. a high school play canceled by the district gets a second chance at a north bay theater. we take you to the packed performance. plus, why the district appears to now be reversing course and from broken to rebuilt. the unique event helping our climate in crisis while also teaching teens new skills and clear skies continue and somewhat of a cool start to the weekend, but one that's going to finish with shower chances starting as early as

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at an off campus venue. after the district canceled. future performances. santa rosa high school students putting on a production of dog sees god. it is a very strong twist on the characters in the comic strip peanuts, created by the late charles schulz, who lived in santa rosa in the play, the iconic characters are shown dealing with the stresses and drama of modern high school students, though after just one show yesterday, the district closed the curtain on the future productions, telling the theater teacher cancellation was because of obscenity in the play. now, students say the chief objection from the district was the use of a homophobic slur by one of the characters. but the students say the point of using that word in the show is to highlight how harmful it is, and without those connotations, it's not as powerful. it's not as jarring. the audience doesn't feel as grossed out or concerned, which is exactly what we want to prove that this word is something that's not okay. and that's the point of the show. there's been

community outcry over the play being canceled tonight. mercury theater in petaluma is hosting the students as they perform to a packed crowd. the district seems to be reversing course no, saying it will work to reschedule the play. however, only students 16 and older could attend future showings. good as new. dozens of volunteers and students help repair broken items at the fixit fest today. the event took place at king middle school in berkeley, right here. it's one of three community workshops planned to keep broken items out of landfills and empower people to fix their own things. volunteers are so-called repair coaches, helped repair clothes, bikes, toys and more. students were also nearby to check in attendees and assist the volunteers. now, organizers say the community turnout for this event and the one before it was huge. well, the first event we had at willard, a couple of months ago, we had over 100 people come to the event to try to repair things. we're also getting close to 50 volunteers coming to either work at the

event or be a repair coach and help people fix their items. so that combined is an amazing response. i was so impressed and so happy. before the event, students got in-class lessons about basic repairing skills like sewing and patching a bike tire. now the next fix it fest. mark your calendars scheduled for february. and hey, we kicked off our nourishing neighbors food drive today with a bang! i know him, i think i know him too. very very popular around here. he is. that is rob mayeda. he was at one of many safeway locations that our nbc bay area team was at today. getting the word out about our nourishing neighbors campaign. and rob, you were here in danville talking to customers. and by the way, the campaign runs through christmas day, so you have plenty of time to donate. it's so easy, right? you check out at the counter at the checkout, $10 gets you a bag that feeds a family of four. and if you do self-checkout too, it's an option as you use your card. so it's super simple. you

don't necessarily need that little white piece of paper that we're chasing you with. when i was i was in mill valley today on redwood highway, and they were saying, you want to contribute? and people were. it's that quick. they'll just hit a button. there we go. there we go. good weather for it. you know, sometimes it's the sort of the complaint department. oh, why is it raining on me when i'm coming out? it's your fault. yeah, well, it was fine. it was dry, but it was cold. a lot of folks bundled up. even late morning. it was a cold start. we'll look at some of those temperatures. we had earlier this morning. no frost advisories around the bay area tonight. that tells you something about a bit of a change in the weather as we wrap up the weekend. right now it's 51 degrees in san jose. but you look at the bottom right corner of the screen. look at today's high kind of a cool day. 64 degrees low was 40. but as you head inland to walnut creek, we started the day at 36 chilly degrees and it's already pretty chilly right now. 47 in walnut creek, 49 in san rafael. morning temperature of 37 rebounded pretty good, up to 64 for a high today and into san francisco 61 earlier. right now 51 degrees. so tomorrow morning not as cold

because more clouds are moving in. it tends to act like a blanket so the heat leaves the ground. you get the cloud cover comes in, it tends to insulate temperatures a little bit. so we've got mostly 40s around the central bay, 30s south of san jose because that's a location that will likely have clear skies through tomorrow morning. then the clouds fill in, shower chances start to drop from to north south by three in the afternoon, those shower chances likely leaving the north bay and heading down towards the south bay, which means 49ers football. early afternoon start. we'll have temperatures near 60 degrees and showers possible. probably a better chance of that for the second half of the game, as you're about to see hour by hour. so there is the blanket overnight, some cloud cover coming back in. best rain chances, though. north bay for the middle part of the afternoon. and then that will move south as we head into sunday evening, though overall on the rain totals map, when you see this much blue, that tends to be relatively low end rain totals. most places picking up a 10th of an inch of rain or less. then the showers start to move

out and we should see a mostly dry monday. but for potentially much bigger changes just down the road and you could see why right there. look at that. on wednesday, atmospheric river boosted storm, bringing the potential of some heavy rain totals maybe into parts of the north bay. then the rain marches a bit farther northward as we get into thursday. then by friday, here comes that cold front through the bay area. that would be the potential for the heaviest rain and sierra snow friday night on into next saturday, so things getting more active as they should this time of year. in the second half of the 7-day forecast. cloudy and cool tomorrow with scattered showers, mainly for the afternoon and tomorrow evening. tuesday looks like a nice break and then the rain comes back in as we finish off the weekend. another sign of that atmospheric river. look at the temperatures of the rain chances. we're going to upper 60s. maybe seconds as we get into thursday, so this is a warm setup. eventually, cooler for the sierra. snow levels will come down, but probably not until later next weekend. stay

tuned. i know people are worried about the words atmospheric river after the last couple of years, but we'll be watching it. rob. thanks. up next, the 49ers show their pride. the new merch unveiled at a special brunch today, and a reminder we are working to help feed the bay area families that are in need this holiday season. kris kimura. look at him right here. hey, is he checking out? did he contribute? wow, i love that. all right, our nourishing neighbors drive runs through christmas day. you can, of course, donate at your neighborhood safeway. it's so easy. we've heard that from so many people today. scan that qr code that you see right there on your screen to learn more about your screen to learn more about where youronation goes d to me, harlem is home. but home is also your body. i asked myself, why doesn't pilates exist in harlem? so i started my own studio. getting a brick and mortar in new york is not easy. chase ink has supported us from studio one to studio three. when you start small, you need some big help. and chase ink was that for me.

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a 730 tomorrow morning. the course starts at milvia street. downtown winds through some of the city's most scenic areas. of course, this is video from the previous berkeley half marathon. runners will cross the finish

line at civic center park on martin luther king junior way. the race also offers a5k or three mile version. the san francisco 49ers showed their pride today in more ways than one. the team hosted its second annual drag brunch, organized by lgbtq plus employees. fans were encouraged to come out and celebrate with the team at 49ers used the opportunity to debut an exclusive pride themed clothing collection of shirts, and there's the hats with a rainbow design there. the shirts collection is the brainchild of the team's lgbtq plus workers, who got to help design the collection themselves. just how important it is that not only the team, but also sponsors out there, such as smirnoff, support the community. we are a team that just represents the entire bay area every single way that we possibly can, and we wanted the fans to know that we represent them inside the organization as well. 49ers were the first nfl team to have a clothing line, and now they're

the first to refresh it with a pride twist. students at the farm celebrating. tonight we're going to show you the incredible end to this stanford game. it was wild. the story is next, and we just want to see if you can recognize any of these folks that we've been showing you. we are helping to feed bay area families in need this holiday season. so who do you see? i see jessica. jessica aguirre kari hall. bob redell. they were at a safeway in livermore today. they're telling customers about our nourishing neighbors campaign. you can donate at your neighborhood safeway. scan that qr code on your screenlearn more.

yeah. the cardinal, which was two and seven coming into the game, went up against the 19th ranked and 20 point favorite louisville cardinals. the third quarter we go stanford down 2813. looks like more of the same. but wait a minute ashton

daniels hits alec miner for a 13 yard touchdown. stanford converts to two point conversion. it's just a one touchdown lead for louisville. 45 seconds to go. emmett mosley the fifth, hauls in a pass from the backup quarterback justin lampson. stanford's got it tied with 45 seconds left. they're not going to win, are they? they are. because they get a 52 yard field goal from emmett kenny. as time expires. it is good folks. take a look at the celebration on the field. students haven't had any reason to go on the field and celebrate a cardinal win in a while. this one was huge against a top 20 team. stanford up against cal next weekend in the big game and cal with a home game against syracuse. second quarter cal's javion thomas takes off and he will not be stopped. take a look. 75 yard run. the extra point is also good to make this a 13 seven game. syracuse would pull away, aided by two interceptions of fernando mendoza. it was 27 seven syracuse at halftime. cal does not quit, though. with a minute to go in the game, mendoza hits

jonathan brady from five yards out, but the orangemen defeat the golden bears 3325. cal needs a win next saturday against stanford to be eligible to play in a bowl game the following week. cal's up against nationally ranked smu, san jose state, already bowl eligible at home against 13th ranked boise state. spartans score when walker eget finds jacob stewart for seven yards, it was 14. nothing san jose state they could smell an upset, huge upse. but yeah boise state ties it at 14. third quarter though you get finds nick nash for a touchdown. spartans back on top 2114. but the broncos take it from there. they win going away. final score boise state 42 san jose state 21. spartans now six and four on the season. all right. and rob, before we head off i mean, take your jacket out wherever you're going right now. yeah, it's col, but we're going to keep the football theme. yeah. yes. 49ers football back. levi's stadium maybe the seahawks brought the weather. it was sunny today. now, now there's a cha