Investigation clears SJSU trans player of conspiring to harm teammate

In late 2023, an investigation was launched into allegations against San Jose State University (SJSU) transgender volleyball player Blaire Fleming. The investigation focused on allegations that Fleming conspired with an opponent to harm teammate Brooke Slusser during an Oct. 3 game. Attorney Tim Heaphy from Willkie Farr & Gallagher led this third-party inquiry. Meanwhile, in November 2023, a preliminary injunction was requested by Slusser and other Mountain West players to exclude Fleming from the conference tournament due to the accusations. This situation garnered national attention, leading to various legal and institutional complications. Despite these claims, there was no evidence presented to support the allegations, allowing Fleming to complete her season successfully. She earned all-conference honors and played pivotal roles in the Mountain West championship game. Following the investigation's conclusion in November 2023, California State University redacted the identities of five witnesses involved in the inquiry. Slusser and another teammate, Batie-Smoose, chose not to participate in the investigation, which added further to the controversy surrounding this situation. The allegations were reportedly rooted in growing tensions within the team and highlighted the broader issues related to transgender athletes in collegiate sports. On the day before the match against Colorado State, Slusser claimed she received a warning about Fleming’s intentions. This, alongside Fleming's performance issues during the game, fueled concerns among teammates regarding her participation. Eventually, a White House spokesperson provided a statement regarding the investigation, reflecting the significance of the allegations in the context of Title IX. As this controversy unfolded, it also triggered a federal Title IX investigation into SJSU's handling of the situation. Fleming's eligibility to compete was upheld by a federal judge, reshaping the debate surrounding transgender athletes in collegiate sports amidst rising legislative and societal scrutiny. SJSU confirmed its commitment to fair treatment for all students, emphasizing a stance against discrimination. The outcome of this investigation and its implications for future NCAA policies remain to be seen.