Following an exclusive statement by the Mountain West Conference, concerns over an investigation into alleged misconduct by former San Jose State transgender volleyball player Blaire Fleming were addressed. The statement clarified that commissioner Gloria Nevarez had mistakenly responded to a question about the issue during a press conference. Fox News Digital had reported that the conference hired the law firm Willkie Farr & Gallagher (WFG) to investigate allegations against Fleming of conspiring with an opponent to harm teammate Brooke Slusser in November.
During a press conference, Fox News Digital questioned Nevarez about the use of WFG to conduct the investigation, stating that the same firm had been hired to defend Fleming’s eligibility in court. Nevarez initially claimed the firm was not representing San Jose State, but later acknowledged that it was representing the Mountain West. The statement from the conference clarified that the firm’s legal work did not involve defending the athlete’s eligibility, and instead focused on the conference’s policies regarding forfeitures.
The conference emphasized that the investigation into Fleming’s alleged misconduct was separate from the legal issues surrounding her eligibility to compete in women’s volleyball. The Mountain West also noted that WFG did not represent San Jose State in the November legal dispute, and that the firm’s legal defense was focused on the conference’s own policies rather than the athlete’s eligibility as a student-athlete. The conference also stated that the matter was unrelated to any potential conflict of interest, and that the firm’s legal work had been necessary to ensure the integrity of the conference’s policies.
Earlier, Fox News Digital had reported that the conference had faced a lawsuit from Slusser and other players seeking to block Fleming from participating in the conference championship. The lawsuit claimed that Fleming and other teammates had conspired with an opposing player to harm Slusser during a game in October. The Mountain West had investigated the allegations, but concluded that sufficient evidence was not found to support the claims. The firm, WFG, had coordinated with legal counsel from San Jose State and California State University to interview witnesses, including the university’s head volleyball coach.
In an attempt to address the situation, WFG had offered legal counsel to navigate a potential Title IX investigation into the matter. However, the office of San Jose State’s legal counsel, Dustin May, declined the offer. May’s office later clarified that the firm or attorney mentioned in the inquiry did not represent SJSU or the CSU. The conference’s statement emphasized the need for clarity in the matter, and highlighted the importance of transparency in addressing concerns regarding player misconduct and eligibility matters.