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A White House spokesperson has provided an exclusive statement addressing recent Fox News Digital reporting on a third-party investigation into allegations of misconduct against former San Jose State volleyball player Blaire Fleming.
Fox News Digital reported on Tuesday that the Mountain West Conference hired the firm Willkie Farr & Gallagher (WFG) to investigate allegations against Fleming of conspiring with an opponent to have teammate Brooke Slusser harmed during an Oct. 3 game. The Mountain West hired this firm to handle the investigation in the same month that the same firm represented the conference to protect Fleming’s eligibility in a request for preliminary injunction to have the trans athlete disqualified from women’s competition.
The WFG attorney who led the investigation into allegations against Fleming, Tim Heaphy, later offered the school legal counsel to help it navigate a federal Title IX investigation over the same situation, as seen in public records obtained by Fox News Digital.
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Colorado State University police behind the San Jose State University bench monitor Moby Arena during an NCAA Mountain West women’s volleyball game in Fort Collins, Colorado, on Oct. 03, 2024. (Santiago Mejia/San Francisco Chronicle via Getty Images)
President Donald Trump’s administration launched the Title IX investigation into SJSU in February, and he previously referenced the situation during the 2024 volleyball season while campaigning for November’s election. Now his White House has weighed in on the recent developments reported by Fox News Digital.
“President Trump is committed to ending the dangerous and unfair participation of men in women’s sports and restoring common sense. President Trump will continue to speak out and take immediate action against schools that are jeopardizing the safety of female athletes,” White House spokesperson Liz Huston said.
Fox News Digital has reached out to San Jose State University and the Mountain West for a response to the White House statement.
Heaphy previously served as the chief investigative counsel to the U.S. House of Representatives select committee to investigate the January 6 Capitol protests.
WFG is also the law firm that employs Doug Emhoff, the husband of former Vice President Kamala Harris, the 2024 Democratic presidential candidate. Emhoff joined the firm in January, shortly after Trump was sworn into office.
WFG struck a deal in April to provide $100 million worth of legal services to the Trump administration, such as supporting veterans and combating antisemitism, per multiple reports.
The firm’s legal battle to keep the trans athlete in the women’s tournament was successful, as federal Judge Kato Crews, appointed by President Joe Biden in January 2024, ruled in favor of Fleming’s eligibility on Nov. 25.
Two days later, after a failed appeal by the plaintiffs, the firm posted an online press release announcing the legal victory to keep Fleming eligible to play.
WHO IS BLAIRE FLEMING? SJSU VOLLEYBALL PLAYER DOMINATING FEMALE RIVALS AND ENRAGING WOMEN’S RIGHTS GROUPS
Brooke Slusser and Blaire Fleming of the San Jose State Spartans call a play against the Air Force Falcons on Oct. 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
But that webpage has since been deleted. Fox News Digital asked why the page no longer exists, but Willkie Farr & Gallagher did not respond to the inquiry.
Archived data shows the original press release stating, “Willkie secured a high-profile win for collegiate athletic conference Mountain West Conference in a suit brought by members of San Jose State University’s women’s volleyball team and other Mountain West teams that played against SJSU.”
Fox News Digital has reached out to WFG for further comment.
Former University of Kentucky swimmer and OutKick host Riley Gaines, who is engaged in a lawsuit against the NCAA for its previous gender eligibility policies that allowed biological males in women’s sports, addressed the developments in an X post on Tuesday.
The U.S. Department of Education’s Office of Civil Rights is leading the federal Title IX probe into San Jose State’s handling of Fleming’s situation.
University President Cynthia Teniente-Matson previously provided a statement to Fox News Digital saying the university is prepared to cooperate in the investigation.
“San José State University is committed to ensuring that all of our students, including our student-athletes, are treated fairly, free from discrimination, and afforded the rights and protections granted under federal and state law, including privacy rights.
“We follow policies and regulations set forth by the California State University system and applicable law, and we recognize that, at times, these laws and policies may intersect in complex ways. In navigating these frameworks, our focus remains on upholding our responsibilities while supporting our students.
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Blaire Fleming of the San Jose State Spartans against the Air Force Falcons on Oct. 19, 2024, in Colorado Springs. (Andrew Wevers/Getty Images)
“Recently, we were notified that the U.S. Department of Education has initiated a directed investigation related to Title IX in light of President Trump’s executive order with respect to athletics participation. As with any federal inquiry, we will fully engage with the process, follow established procedures and remain transparent in our compliance with all applicable laws.
“While we adhere to legal and regulatory requirements, San José State will continue to act within our authority to uphold the values that define us as an institution. Our focus remains on our values, including fostering an environment that cultivates compassion, where every student has the opportunity to thrive. We remain steadfast in our role as a place of learning, respect and opportunity for all.”
Heaphy reached out to San Jose State University counsel Dustin May on Feb. 6 after Trump’s administration launched the investigation into SJSU over the Fleming situation.
“I saw an ESPN report that the Department of Education has opened an investigation of San Jose State University regarding the participation of a transgender volleyball player. I am familiar with those facts from my work for you and the Mountain West conference last fall,” Heaphy wrote to May in a Feb. 6 email, as seen in public records obtained by Fox News Digital.
“I also do a lot of work on OCR investigations with the Dept of Ed – including a large resolution of a Title VI matter that I recently resolved with that office for the University of Washington. If you’re looking for outside counsel to engage with the Dept on this matter, I’d be glad to help.”
May responded on Feb. 18, declining Heaphy’s offer.
Heaphy replied the next day, writing, “Please let me know if we can help in any way on this or other issues.”
Fox News Digital previously reached out to the Mountain West, Willkie Farr & Gallagher, San Jose State University and its head volleyball coach Todd Kress regarding its previous findings. No response has been provided by those parties.
May’s office initially responded to Fox News Digital’s request for comment after providing the public records, requesting a list of questions and background information be provided before speaking. Fox News Digital did not provide the information or list of comments, and requested a virtual or phone interview.
May’s office then responded with the statement, “Any speculation that the firm or attorney mentioned in your inquiry represented SJSU or the CSU is unfounded.” Fox News Digital had not posed that question or any other stipulation, only an interview request, at that point.
Fox News Digital later followed up with May’s office requesting an interview to address other questions, and fulfilled his office’s request to provide background information on what would be discussed.
May’s office responded saying, “He will not be available,” and has not responded to request for further comment.
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