The law firm representing San Jose State University (SJSU) in a high-profile case involving transgender volleyball player Blaire Fleming has successfully defended her against serious allegations concerning her conduct.
OutKick has the inside scoop on the legal case involving attorneys from the same firm who previously opposed a ban on transgender athletes:
EXCLUSIVE: Back in November, attorney Tim Heaphy of the law firm Willkie Farr & Gallagher led a third-party investigation into allegations against San Jose State’s transgender volleyball player Blaire Fleming of conspiring with an opponent to harm a teammate. Heaphy carried this out in the same month that other partners in his firm worked to protect Fleming’s eligibility to compete in women’s college volleyball. Heaphy later offered the school legal counsel to help it navigate a federal Title IX investigation over the same situation. The offer was declined.
Fleming, the trans athlete at the center of a national controversy last fall, was accused in a Title IX complaint and a separate lawsuit of discussing plans to have teammate Brooke Slusser spiked in the face during a game against Colorado State on Oct. 3.
Slusser told Fox News Digital she previously had a concussion her junior year in 2023. She claims she has since made conscious efforts to avoid blows to the head out of fear of potential long-term brain damage from a second concussion.
“It could have possibly ended my career or really affected me long term,” Slusser said. “Because my first concussion was so bad, sometimes just getting bonked in the head by a serve, which is not even that bad, would make me a little dizzy sometimes. So it did scare me, if I did even get another little minor concussion, how it would affect me.”
The Mountain West Conference (MWC) initiated an investigation into the allegations, hiring the law firm Willkie Farr & Gallagher to conduct the inquiry. Attorney Tim Heaphy led the investigation, which concluded there was insufficient evidence to support the claims against Fleming. Notably, during the same period, other partners at Willkie Farr & Gallagher were representing the MWC in legal efforts to maintain Fleming’s eligibility to compete in the women’s volleyball tournament. This dual role raised questions about potential conflicts of interest, although the firm did not publicly address these concerns.
The legal battles extended beyond the initial investigation. Slusser, along with other players and coaches, filed lawsuits alleging violations of Title IX and seeking to bar Fleming from participating in women’s sports. However, federal Judge S. Kato Crews denied the request for a preliminary injunction, allowing Fleming to continue competing. The judge cited precedents that protect transgender individuals under Title IX and the 14th Amendment.
The controversy had significant repercussions for those involved. Slusser reported receiving threats and eventually completed her studies remotely due to safety concerns. Fleming also faced intense scrutiny and harassment, leading her to relocate to Virginia and continue her education online.
Fleming’s collegiate volleyball career ended in 2024 following San Jose State University’s loss in the Mountain West Conference championship match.
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