Law Firm’s Dual Role in Controversial Case of SJSU Trans Athlete Revealed

Law Firm’s Dual Role in Controversial Case of SJSU Trans Athlete Revealed

EXCLUSIVE: In November, attorney Tim Heaphy of Willkie Farr & Gallagher spearheaded a third-party investigation into serious allegations against San Jose State University’s transgender volleyball player Blaire Fleming. This investigation coincided with efforts from Heaphy’s colleagues to protect Fleming’s eligibility to participate in women’s college volleyball. Heaphy extended an offer to provide legal counsel to the university regarding a federal Title IX investigation surrounding the allegations, which was ultimately declined.

Fleming found herself at the center of national scrutiny last fall after being accused in a Title IX complaint and a separate lawsuit. The allegations claimed she conspired with an opposing player to injure her teammate Brooke Slusser during a match against Colorado State on October 3. The implications of the allegations sparked intense debate regarding trans athletes in competitive sports.

Slusser, who had suffered a concussion in 2023, expressed her concerns regarding the risks of injury. She stated, “It could have possibly ended my career or really affected me long term. Sometimes just getting bumped in the head can make me dizzy, and I fear what a second concussion might do.”

Despite the serious allegations, Slusser was not harmed during the October game. However, the Mountain West Conference felt compelled to investigate after a teammate reported witnessing Fleming allegedly conspiring with an opposing player.

The conference hired Willkie Farr & Gallagher to conduct an inquiry into the matter and appointed Heaphy to lead the investigation. He reached out to Dustin May, University Counsel for California State University and San José State University, to organize interviews, as documented in public records obtained by Fox News Digital.

In emails dated November 12, San Jose State athletics director Jeff Konya informed the head volleyball coach, Todd Kress, that Willkie Farr & Gallagher was tasked with investigating the allegations. Heaphy, who previously served as chief investigative counsel for the U.S. House committee investigating the Capitol protests on January 6, took on a prominent role in this case.

Concurrently, partners from Willkie Farr & Gallagher represented the Mountain West in a request for a preliminary injunction submitted by Slusser, Batie-Smoose, and 10 other volleyball players seeking to exclude Fleming from the conference tournament.

This injunction request, made on November 13, coincided with ongoing interviews for the investigation led by Heaphy and May. Ultimately, a federal judge ruled in favor of Fleming’s eligibility on November 25, allowing her to continue competing in the tournament. Following a failed appeal by opposing parties, the law firm announced their legal victory, although the press release has since been removed from their website.

Fox News Digital inquired about the removal but did not receive a response from Willkie Farr & Gallagher. Archived records indicate the firm celebrated securing a win for the Mountain West Conference, highlighting the involvement of various attorneys in the case.

The investigation into allegations against Fleming concluded on November 15, just three days after the initial email from Konya. Heaphy and May corresponded with several witnesses, although the California State University system redacted their identities from the public records provided. Slusser and Batie-Smoose opted not to participate in interviews with investigators.

The Mountain West finalized their investigation on November 15, declaring that there was insufficient evidence to substantiate the allegations. The conference deemed the matter closed without necessitating disciplinary action.

In a statement following the investigation’s conclusion, Slusser’s attorney criticized the process, labeling it “inadequate” and calling for the full disclosure of evidence and the complete investigative report. Despite these concerns, the conference did not release any evidence, and Fleming continued to compete successfully, helping SJSU reach the Mountain West championship game.

Fleming’s season concluded on November 30 with a loss to Colorado State, the same team implicated in the allegations. Notably, Heaphy reached out to May again in February 2025, offering his services for a separate federal investigation prompted by President Donald Trump’s administration concerning transgender athletes in collegiate sports.

The allegations against Fleming emerged from a Title IX complaint filed by Batie-Smoose on October 29. The complaint claimed that Fleming and two teammates left their hotel in Colorado the night before the October 3 match, allegedly discussing a plan to injure Slusser during the game.

Slusser has previously shared how one of her teammates warned her, indicating that she should maintain distance because the game was expected to pose a threat to her safety.

Upon arrival at the arena for the match, there was a notable police presence, underscoring the seriousness of the situation. Although no injury occurred during the October 3 game, Batie-Smoose expressed her suspicions about Fleming’s behavior throughout the match, claiming that she wondered if the player was intentionally attempting to sabotage the team’s performance.

As tensions heightened, Batie-Smoose noticed unsettling interactions between Fleming and members of the opposing team, which further fueled her concerns. Following the allegations, Batie-Smoose was suspended from her coaching position and later informed that her contract would not be renewed.

The situation escalated to the point where Batie-Smoose’s home was vandalized weeks later, and Slusser ultimately decided to leave the campus amid threats and harassment from peers due to her stance against trans inclusion in women’s sports. Slusser has since become a vocal advocate for women’s protection in sports and remains active in legislative discussions in Texas.

In stark contrast, Fleming celebrated her graduation from San Jose State amid the controversy. Fox News Digital reached out to multiple parties for comment, including SJSU, the Mountain West, and the law firm involved. Responses have yet to be received from these entities.

Final Thoughts on a Notable Case

The unfolding events surrounding Blaire Fleming highlight significant issues at the intersection of gender identity and competitive sports. The outcomes of the investigations and subsequent legal battles raise essential discussions about safety and inclusion in collegiate athletics. As this ongoing dialogue continues, the impact on all parties involved remains significant, emphasizing the need for transparency and accountability in such matters.