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EXCLUSIVE: Back successful November, lawyer Tim Heaphy of the instrumentality steadfast Willkie Farr & Gallagher led a third-party probe into allegations against San Jose State's transgender volleyball subordinate Blaire Fleming of conspiring with an hostile to harm a teammate. Heaphy carried this retired successful the aforesaid period that different partners successful his steadfast worked to support Fleming's eligibility to vie successful women's assemblage volleyball. Heaphy aboriginal offered the schoolhouse ineligible counsel to assistance it navigate a national Title IX probe implicit the aforesaid situation. The connection was declined.
Fleming, the trans jock astatine the halfway of a nationalist contention past fall, was accused successful a Title IX ailment and a abstracted suit of discussing plans to person teammate Brooke Slusser spiked successful the look during a crippled against Colorado State connected Oct. 3.
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Slusser told Fox News Digital she antecedently had a concussion her inferior twelvemonth successful 2023. She claims she has since made conscious efforts to debar blows to the caput retired of fearfulness of imaginable semipermanent encephalon harm from a 2nd concussion.
"It could person perchance ended my vocation oregon truly affected maine agelong term," Slusser said. "Because my archetypal concussion was truthful bad, sometimes conscionable getting bonked successful the caput by a serve, which is not adjacent that bad, would marque maine a small dizzy sometimes. So it did scare me, if I did adjacent get different small insignificant concussion, however it would impact me."
Slusser was ne'er spiked successful the look during the Oct. 3 game. However, allegations brought by an SJSU teammate who claimed she witnessed Fleming conspiring with an opposing subordinate inactive prompted the Mountain West Conference to motorboat an authoritative investigation.
The Mountain West Conference hired Willkie Farr & Gallagher to pb the investigation, and Heaphy was assigned to pb it. Heaphy corresponded with Dustin May, University Counsel for California State University and San José State University, to coordinate interviews, arsenic seen successful nationalist records obtained by Fox News Digital.
"The Mountain West has hired the instrumentality steadfast of Willkie Farr & Gallagher to behaviour a reappraisal of the allegations. Attorney Timothy Heaphy is taking the pb connected this probe and is copied here," work Nov. 12 emails sent by San Jose State athletics manager Jeff Konya to SJSU caput volleyball manager Todd Kress and erstwhile adjunct manager Melissa Batie-Smoose.
Heaphy antecedently served arsenic the main investigative counsel to the U.S. House of Representatives prime committee to analyse the January 6 capitol protests.
Kevin Marino, lawyer for Bill Stepien, erstwhile run manager for Donald Trump's 2020 campaign, left, speaks to Tim Heaphy, main investigative counsel for the prime committee, during a proceeding of the Select Committee to Investigate the January 6th Attack connected the US Capitol successful Washington, D.C., US, connected Monday, June 13, 2022. (Al Drago/Bloomberg via Getty Images)
In the aforesaid period of Heaphy's probe into allegations against Fleming, partners astatine Willkie Farr & Gallagher represented the Mountain West successful a petition for a preliminary injunction filed by Slusser, Batie-Smoose and 10 different Mountain West women's volleyball players seeking to support the trans jock retired of the league tournament.
That petition for a preliminary injunction was filed connected Nov. 13, astatine which clip Heaphy and May were successful the process of coordinating interviews with witnesses for the investigation.
The firm's ineligible conflict to support the trans jock successful the women's tourney was successful, arsenic national justice Kato Crews, appointed by erstwhile President Joe Biden successful January 2024, ruled successful favor of Fleming's eligibility connected Nov. 25.
Two days later, aft a failed entreaty by the plaintiffs, the steadfast posted an online property merchandise announcing the ineligible triumph to support Fleming eligible to play.
But that webpage has since been deleted. Fox News Digital asked wherefore the leafage nary longer exists, but Willkie Farr & Gallagher did not respond to the inquiry.
Archived data shows the archetypal property merchandise stating, "Willkie secured a high-profile triumph for collegiate diversion league Mountain West Conference successful a suit brought by members of San Jose State University’s women’s volleyball squad and different Mountain West teams that played against SJSU."
It aboriginal added, "The Willkie squad was led by partners Wesley R. Powell, Matt D. Basil and Jared Bartie, and included counsel Emerson Girardeau, and associates Autumn Adams-Jack, Jacey Norris, Emma Rosen, Chloe Smeltzer and William Weber." None of the firm's attorneys person been accused of violating immoderate applicable rules of nonrecreational conduct.
Meanwhile, Heaphy's probe into Fleming's misconduct allegations closed conscionable 3 days aft Konya's Nov. 12 email to Batie-Smoose, connected Nov. 15. Heaphy and May corresponded via email with astatine slightest 5 different witnesses, arsenic seen successful nationalist records.
California State University redacted the identities of those 5 witnesses that corresponded with Heaphy and May during the probe successful the nationalist records provided to Fox News Digital. Slusser and Batie-Smoose told Fox News Digital that they each declined to interrogation with investigators.
Brooke Slusser and Blaire Fleming of the San Jose State Spartans telephone a play during the archetypal acceptable against the Air Force Falcons astatine Falcon Court astatine East Gym connected October 19, 2024 successful Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
Email correspondence betwixt Heaphy, May, Konya and Willkie Farr & Gallagher subordinate Fiona Carrol repeatedly incorrectly dated the SJSU vs. Colorado State crippled arsenic taking spot Oct. 2, arsenic seen successful nationalist records. The crippled was played Oct. 3.
A Nov. 15 missive obtained by Fox News Digital, sent by the Mountain West to some universities announcing the probe closed without uncovering "sufficient evidence," besides incorrectly dated the crippled arsenic Oct. 2.
In the Mountain West's missive announcing the probe closed, the league stated "there is insufficient grounds to corroborate the allegations of misconduct," aboriginal adding, "the Conference bureau has determined nary disciplinary enactment is warranted and considers this substance closed."
Slusser's attorney, William Bock of the Independent Council connected Women's Sports (ICONS), responded to the league closing the probe successful a Nov. 17 statement, calling the probe "inadequate, and thing but thorough."
"All specified grounds should beryllium instantly and publically disclosed on with the afloat written investigative study of the MWC’s investigator," the connection added.
No grounds was ever disclosed by the conference, arsenic Fleming went connected to decorativeness retired the season, gain all-conference honors and adjacent led SJSU each the mode to the Mountain West title game. The trans jock traveled and roomed alongside pistillate teammates to Las Vegas successful the last week of November for the tournament.
Slusser antecedently told Fox News Digital that she and her household adjacent had to stock the aforesaid eating country with Fleming for Thanksgiving successful a Las Vegas edifice connected Nov. 28. That morning, the squad had conscionable learned it would beforehand to the league tourney aft Boise State announced it would forfeit the league semifinal crippled to Fleming's Spartans, aft forfeiting doubly successful the regular season. Boise State did not springiness a crushed for those forfeits, but it is wide believed the players were protesting being forced to play against a trans athlete.
Fleming's collegiate vocation past came to a adjacent that Saturday, Nov. 30, successful a league title crippled nonaccomplishment to Colorado State — the aforesaid hostile the jock was accused of conspiring with to harm Slusser, which Heaphy's probe cleared.
Heaphy reached backmost retired to May connected Feb. 6 of this twelvemonth with an offer. President Donald Trump, who had conscionable returned to bureau partially based connected a vow to "keep men retired of women's sports," signed an enforcement bid to effort and enforce that mandate conscionable weeks into his presidency connected Feb. 5. And conscionable 1 time aft that, Trump's medication launched an investigation into SJSU implicit the Fleming situation.
"I saw an ESPN study that the Department of Education has opened an probe of San Jose State University regarding the information of a transgender volleyball player. I americium acquainted with those facts from my enactment for you and the Mountain West league past fall," Heaphy wrote to May successful a Feb. 6 email.
"I besides bash a batch of enactment connected OCR investigations with the Dept of Ed — including a ample solution of a Title VI substance that I precocious resolved with that bureau for the University of Washington. If you're looking for extracurricular counsel to prosecute with the Dept connected this matter, I'd beryllium gladsome to help."
May responded connected Feb. 18, declining Heaphy's offer.
Heaphy responded the adjacent day, writing, "Please fto maine cognize if we tin assistance successful immoderate mode connected this oregon different issues."
The DOE's probe into SJSU's handling of the concern involving Fleming is ongoing.
The allegations involving Fleming archetypal came to airy successful a Title IX ailment filed by Batie-Smoose connected Oct. 29 and were reiterated successful Slusser's suit against SJSU and the Mountain West.
Both documents allege Fleming and 2 different San Jose State players snuck retired of the squad edifice successful Colorado the nighttime earlier the Oct. 3 match, and went to the dorm country of Colorado State subordinate Malaya Jones. Fleming is alleged to person discussed plans with Jones determination to person Slusser spiked successful the look during the game.
Slusser has told Fox News Digital and alleged successful her suit against the Mountain West and SJSU that the nighttime earlier the game, 1 of her teammates approached her with a informing aft the teammate received a substance message.
"One of my teammates got a DM, fundamentally saying that she, and past my team, needed to support my region from maine connected gameday against Colorado State, due to the fact that it wasn’t going to beryllium a bully concern for maine to beryllium successful and that my squad needed to support their distance," Slusser antecedently said.
It is unclear whether the informing stemmed from Fleming's alleged program to person Slusser spiked successful the face.
When players arrived astatine Moby Arena for that game, determination was a notable constabulary presence, with respective officers stationed passim the venue.
Colorado State University constabulary down the San Jose State University Spartans seat show Moby Arena during an NCAA Mountain West women’s volleyball crippled betwixt the Spartans and the Colorado State Rams successful Fort Collins, Colo., connected Thursday, Oct. 03, 2024. (Santiago Mejia/San Francisco Chronicle via Getty Images)
And portion the spike to Slusser's look ne'er came during that Oct. 3 game, Batie-Smoose told Fox News Digital that she had suspicions astir Fleming's intentions during play, earlier the adjunct manager was ever adjacent informed astir the allegations.
Fleming led the crippled with 10 errors arsenic San Jose State mislaid successful consecutive sets.
"In acceptable one, I telephone blocking, Blaire was not looking astatine me, would not adjacent springiness maine oculus interaction erstwhile [Fleming] kept mounting up the artifact wrong, didn't travel the crippled plan," Batie-Smoose said.
"[Fleming] wouldn't look astatine me, wouldn't admit me, truthful past I told [Kress] 'I cognize this is crazy, but I deliberation that she's throwing the lucifer and she's decidedly not listening to a connection I'm saying astir blocking.'"
Batie-Smoose said she recalls an alleged infinitesimal astatine the extremity of the archetypal acceptable that prompted further concern.
"Close to the extremity of that acceptable was erstwhile [Fleming] overpassed a service close connected apical of the nett for Malayla to deed toward Brooke Slusser, and past those 2 were benignant of ever doing oculus interaction and making smirks up to that point. But past erstwhile that happened, they some laughed and [Fleming] said, ‘Thank you,’ and that's erstwhile Blaire blew her a kiss," Batie-Smoose alleged.
"And past I turned to [Kress] and I said, ‘don’t you spot this interaction, this s--- that's going on?'"
By the 3rd set, Batie-Smoose said she was truthful unnerved by Fleming's disobedience that she felt compelled to inquire Kress erstwhile helium would beryllium taking the trans subordinate retired of the game.
"I was like, ‘You would instrumentality anybody other retired for a 3rd of those errors'… but past helium is virtually down my backmost connected intent telling [assistant volleyball coach] Julian [Abreu], ‘Oh my God, this is truthful horrible for Blaire, each this worldly is taking specified a toll connected Blaire, I consciousness for her!’ and I was conscionable like, ‘This is crazy,’" Batie-Smoose said.
Former subordinate caput manager Melissa Batie-Smoose with the San Jose St. Spartans arsenic they play Air Force successful an NCAA women’s volleyball crippled astatine Spartan Gym successful San Jose, Calif., connected Thursday, Oct. 31, 2024. (Santiago Mejia/San Francisco Chronicle via Getty Images)
Batie-Smoose claimed she past learned astir the misconduct allegations against Fleming from different subordinate connected the squad erstwhile the squad returned to San Jose aft the game.
After Batie-Smoose filed the Title IX complaint, which archetypal publicized the allegations against Fleming, the manager was suspended from the squad connected Nov. 2 and did not return. She was informed connected Jan. 31 that her declaration would not beryllium renewed.
Batie-Smoose's location was past vandalized with a pellet weapon connected the nighttime of Feb. 10, Scotts Valley Police Department Captain Scott Garner previously confirmed to Fox News Digital. No information was determined.
Around the aforesaid time, Slusser fled the SJSU campus. It was soon aft the commencement of the outpouring 2025 semester, owed to receiving alleged threats and harassment from different students for her stance successful opposing trans inclusion successful women's sports. She finished her grade from her household location successful Texas.
Slusser has go a recurring talker successful her location state's legislature, advocating connected behalf of bills that would assistance protections for women and women's spaces from biologically antheral transgender people.
Meanwhile, Fleming celebrated graduation from San Jose State successful a societal media station successful May.
Fox News Digital has reached retired to the Mountain West, Willkie Farr & Gallagher, San Jose State University, Kress, Colorado State University and Jones' existent school, Southern Methodist University (SMU), for a response. Jones transferred to SMU aft the extremity of past season. No effect has been provided by those parties.
May's bureau initially responded to Fox News Digital's petition for remark aft providing the nationalist records, requesting a database of questions and inheritance accusation beryllium provided earlier speaking. Fox News Digital did not supply the accusation oregon database of comments, and requested a virtual oregon telephone interview.
May's bureau past responded with the statement, "Any speculation that the steadfast oregon lawyer mentioned successful your enquiry represented SJSU oregon the CSU is unfounded." Fox News Digital had not posed that question oregon immoderate different stipulation, lone an interrogation request, astatine that point.
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Fox News Digital aboriginal followed up with May's bureau requesting an interrogation to code different questions, and fulfilled his office's petition to supply inheritance accusation connected what would beryllium discussed.
May's bureau responded saying, "He volition not beryllium available," and has not responded to petition for further comment.
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Jackson Thompson is simply a sports writer for Fox News Digital. He antecedently worked for ESPN and Business Insider. Jackson has covered the Super Bowl and NBA Finals, and has interviewed iconic figures Usain Bolt, Rob Gronkowski, Jerry Rice, Troy Aikman, Mike Trout, David Ortiz and Roger Clemens.
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