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DOJ assistant AG responds to new allegations in SJSU transgender volleyball controversy

News RoomBy News RoomAugust 7, 2025No Comments7 Mins Read
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DOJ assistant AG responds to new allegations in SJSU transgender volleyball controversy
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EXCLUSIVE: U.S. Department of Justice Assistant Attorney General Harmeet Dhillon has spoken out in response to recent developments related to San Jose State University’s transgender volleyball player from last fall.

Dhillon responded to Fox News Digital’s July 31 report with new allegations by former SJSU volleyball player Brooke Slusser related to a misconduct investigation into her former trans teammate, Blaire Fleming. Fleming was accused of conspiring with an opposing player to have Slusser spiked in the face during a match in October.

“The Department of Justice has restored fairness to women’s sports and will continue to go after bad actors who endanger young women with woke gender ideology. We will leverage every legal resource available to enforce Title IX and protect women’s basic right to compete in sports without fear of retribution from men,” Dhillon said in an exclusive statement to Fox News Digital. 

In November, a Mountain West Conference investigation into the initial allegations against Fleming concluded without finding “sufficient evidence” just three days after the first emails to witnesses to set up interviews were sent, according to public records obtained by Fox News Digital.

The investigation was carried out by the law firm Willkie Farr & Gallagher (WFG). WFG was also hired by the Mountain West to defend the conference against a lawsuit by Slusser, which included the very same allegations against Fleming that the law firm cleared. 

Public records obtained by Fox News Digital show WFG attorney Tim Heaphy led the investigation into Fleming’s alleged misconduct. Heaphy previously served as the chief investigative counsel to the U.S. House of Representatives select committee to investigate the January 6 capitol protests.

Slusser told Fox News Digital she had a conversation with a teammate who was interviewed as part of the conference’s investigation into Fleming’s alleged plan.

“Based on what I was told, exactly what one of my teammates had seen go on that night — about talking about the scouting report and leaving the net open — was told to those lawyers. So, that should have been sufficient evidence [of the alleged plan by Fleming],” Slusser said. 

“People are telling you this happened, and it’s not second-hand information. She sat there and heard the conversation between Blaire and [former Colorado State volleyball player] Malaya [Jones]. So, to me, just from what I know without even having to dig deep into this investigation, there is sufficient evidence, and they were told sufficient evidence.” 

Fox News Digital cannot independently verify that Slusser’s teammate corroborated the allegations against Fleming when speaking to investigators. None of WFG’s attorneys have been accused of violating any applicable rules of professional conduct.

Now, Dhillon joins other GOP officials speaking out in response to the recent report.

Sen. Marsha Blackburn, R-Tenn, shared the report with the caption, “This is disgraceful, and this young woman should have never been forced to compete with a man in the first place.”

Sen. Tommy Tuberville, R-Ala., shared the report on X and called for the NCAA and the Mountain West to conduct a new investigation. 

“It’s a DISGRACE that we have universities who actively put female athletes in harm’s way. NCAA and Mountain West need to hold a FULL INVESTIGATION IMMEDIATELY. Appreciate Brooke Slusser speaking out and fighting for female athletes. Keep it up!” Tuberville wrote. 

A White House spokesperson provided a statement to Fox News Digital last week addressing the report as well. 

“Women deserve to play sports without fear of being violated and harassed by biological men. President Trump is returning integrity to women’s sports by ending the deranged left’s policies that demean and endanger women,” White House spokesperson Taylor Rogers said. 

In a lawsuit signed by 10 other current or former women’s college volleyball players against the Mountain West and representatives of SJSU, Slusser alleged Fleming and other teammates sneaked out of a team hotel the night before an Oct. 3 match against Colorado State and met with an opposing player. 

NEVADA VOLLEYBALL PLAYERS WERE PRESSURED WITH ‘LEGAL ISSUES’ TO PLAY SJSU TRANS PLAYER DURING FEUD WITH SCHOOL

The lawsuit alleged a teammate who sneaked out with Fleming later told players and coaches of an alleged plan by Fleming, in a conspiracy with the Colorado State player, to have Slusser spiked in the face during a match. 

The lawsuit and complaint alleged the players who sneaked out told other players and coaches they saw Fleming also hand over an SJSU scouting report with an agreement to throw the match in Colorado State’s favor. 

Slusser said after she joined Riley Gaines’ lawsuit against the NCAA in September, her interactions with trans athletes quickly turned hostile, citing her experience with Fleming.

“After I joined the lawsuit, Blaire did not like me whatsoever. There was a time where Blaire said, ‘I never want to speak to you again.’ And I said, ‘OK, that’s fine,'” Slusser said. “I just knew there was hatred toward me from Blaire.”

Fox News Digital interviewed San Jose State athletic director Jeff Konya to inquire about Slusser’s claims and other details of the investigation. However, Konya stood up after about five minutes of related questions and walked away, saying, “I’m done.”

Fox News Digital played a video clip of Slusser reciting these allegations to Konya at Mountain West media days July 15. 

“I have no idea if she’s telling the truth or not,” Konya said of Slusser’s claims. 

Konya would not confirm or deny whether any of the witnesses interviewed corroborated the allegations against Fleming.

When asked if he was satisfied with how the university handled the controversy involving Fleming in 2024, Konya said, “I think everybody acted in the best possible way they could, given the circumstances.”

The U.S. Department of Education opened a federal Title IX investigation into the situation involving Fleming and the university’s handling of the trans athlete. The DOE recently reached agreements with other universities that allowed males to play on women’s teams. 

On July 1, the DOE announced it had reached an agreement with the University of Pennsylvania to apologize to all female athletes that competed with transgender swimmer Lia Thomas in the 2021-22 season and to rescind all of Thomas’ school records. 

Then, on Friday, the department announced a similar agreement with Wagner College in response to the school allowing transgender fencer Redmon Sullivan to compete on the women’s fencing team.

Education Secretary Linda McMahon previously told Fox News Digital her department will continue working to address the SJSU investigation. 

“Our investigation will continue,” McMahon said. 

The DOJ has launched lawsuits against public officials in California and Maine for allowing males to compete in girls sports and refusing to come to an agreement with the Trump administration. 

Fox News Digital has reached out to SJSU, the Mountain West and WFG for a response to Dhillon’s statement. 

When Fox News Digital previously asked the Mountain West if it would disclose any evidence from the investigation, particularly if any of the witnesses interviewed corroborated the allegations against Fleming, the conference declined.

“With litigation ongoing, the Mountain West will have no further comment,” a conference spokesperson said.

San Jose State previously declined to respond to Slusser’s claims. 

“Due to ongoing litigation and federal investigation, we are unable to respond to your inquiry,” a university spokesperson told Fox News Digital.

Fox News Digital has attempted to reach Fleming through social media for comment in response to Slusser’s allegations. 

Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.



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