GOP lawmaker denounces SJSU and Mountain West for using same law firm to investigate and defend trans athlete Blaire Fleming.

Congressman Raises Concerns Over Integrity of Investigation

California Republican Rep. Kevin Kiley voiced strong criticism Monday after reports surfaced that the Mountain West Conference had hired the same law firm to both investigate misconduct allegations against transgender athlete Blaire Fleming and defend her eligibility for conference competition. Kiley, a vocal opponent of transgender athletes competing in women’s sports, called the revelations “highly disturbing, but sadly unsurprising.” He warned that forcing female athletes to compete against biological males posed safety risks and undermined civil rights protections under Title IX.

“The same institutions that willingly subject student-athletes to the risk of physical harm are failing to adequately respond when those harms materialize,” Kiley said, adding, “Fortunately, the tide has decisively turned against the backwards politicians and organizations who have defied common sense and biological reality in their attempt to undermine hard-won civil rights protections for female athletes.”

Controversy Surrounds Investigation and Title IX Protections

The controversy centers on allegations from former San Jose State women’s volleyball player Brooke Slusser, who claimed she was the intended target of an on-court plan by Fleming and another player during an October match. Although the alleged incident did not occur, the Mountain West hired Willkie Farr & Gallagher (WFG) to investigate the matter in the same month the firm was defending Fleming’s eligibility in a separate court case. The investigation closed after three days, clearing Fleming, but no evidence was made public. Fleming went on to lead SJSU to the Mountain West championship game and earned all-conference honors.

Attorney Tim Heaphy, who led the probe, also offered San Jose State legal counsel in response to a federal Title IX investigation—an offer the university declined. No WFG attorney has been accused of ethical misconduct, but the dual role raised questions among athletes and lawmakers alike.

Slusser, speaking in a recent interview, said, “It’s obvious once this was put out into the public that there’s so much bias in this situation, and they’re trying to just sweep these things under the rug.” She argued the university and conference failed to protect women under Title IX, saying, “They’re obviously deciding to protect the man in this situation when they were blatantly trying to harm a female athlete at their school, and they’re still backing this male athlete and that’s just wrong all over the place.”

Slusser emphasized her hope that other female athletes would not have to endure similar experiences, stating, “The goal is to never have to let another female athlete go through what I did. The sport was ruined for me my senior season.”

As the debate over transgender participation in women’s sports continues to draw national attention, Kiley’s remarks highlight growing political and legal scrutiny. The case at San Jose State has become part of a larger conversation over fairness, athlete safety, and the future of Title IX protections for women and girls in sports.