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Las Vegas – EXCLUSIVE: The Mountain West conference has raised concerns about a study of alleged mismatch from the former San Jose State Transgender Volleyball Player Blaire Fleming in an exclusive statement delivered to Pakinomist Digital. The statement also clarified a wrong response from Mountain West Commissioner Gloria Nevarez to a question about the question at a press conference Wednesday.
Pakinomist Digital reported in June that the conference hired the law firm Willkie Farr & Gallagher (WFG) to investigate allegations against Fleming of conspiracy with an opponent to hurt teammate Brooke slushes in November. The same company defended Mountain West against a request for a preliminary injunction that would have made decidedly Fleming unjustly to compete in women’s volleyball in the same month.
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Mountain West Commissioner Gloria Nevarez at football days at Circa Resort and Casino in Las Vegas. (Lena Sattarin/NCAA -Photos)
Pakinomist Digital spurgte Nevarez på hendes bjerg West Media Days pressekonference om emnet, hvor han spurgte “I november lancerede Mountain West en undersøgelse af misforhold til en San Jose State Volleyball -spiller. Hvorfor lejede konferencen det samme advokatfirma, der blev hyret til at forsvare spillerens berettigelse til retten til at gennemføre denne efterforskning, og var der nogen bekymring for en konflikt med Conflict of interest? ”
Nevarez replied, “Well, it’s a matter of active trial, so I don’t want to comment on continuous litigation. But the statement that the same law firm represented the school in defending the player is wrong.”
Pakinomist Digital asked, “Why is it wrong?”
Nevarez replied, “Because it is not that the lawyer doing our investigation did not represent San Jose State.” Pakinomist Digital did not suggest in its question, nor has it reported that the law firm represented San Jose State.
Pakinomist Digital immediately followed up during the press conference and said, “It represented The Mountain West to defend the player’s justification in court.” Nevarez did not answer and became silent for several seconds.
Pakinomist Digital then asked, “Are you sure of your legal defense?”
Nevarez replied, “Um, yes.”
Pakinomist Digital tried to question Nevarez about her response shortly after her press conference ended when she spoke with other journalists, but she ignored the investigation and went away. An associated mountain range for Bjerg West Media Relations said, “Sir, we have to come to another interview.”
Mountain West later delivered his statement that Nevarez “believed” that the first question asked the law firm that represented SJSU.
“Commissioner Nevarez thought you asked about our law firm, Willkie Farr & Gallagher, who represented both Mountain West and San Jose State. It was clarified that you asked about a potential conflict of interest with the trial related to a conference policy and the fight investigation,” the statement reads.
Law Firm who worked to keep SJSU Trans -Player warranted, also cleared athlete to consiles to hurt teammate
The statement also claimed that WFG did not defend Fleming’s justification in the legal dispute in November.
“To be clear defender Willkie Farr & Gallagher Mountain West’s policy on forfeiture, not the eligibility of a student athlete. Eligibility is determined by NCAA policy, and the university, not the conference office.
Four conference opponents lost games to SJSU in 2024, and the status of the lost matches, and the impact of the conference was contested in the request for preliminary injunctions. However, Fleming’s justification for continuing the season and playing at the conference was challenged as well as a key point.
WFG deleted a November 27 press message from its website announcing that the company had secured a legal victory for Mountain West against the plaintiffs, led by Slusser trying to keep the Trans the Athlet out of the tournament. The site can still be seen through online archives and notes the athlete’s right to play as the first edition of the dispute.
“Willkie secured a high profile victory for Collegiate Athletic Conference Mountain West conference in a suit brought by Members of San Jose State University’s Woman’s Volleyball team and other Mountain West Teams playing against SJSU.
The press release also referred directly to Mountain West’s own policy of gender eligibility.
“The court noted that the player in question has been playing for SJSU since 2022, and the Mountain West’s policy for transking athletes has been in place since 2022.”
WFG lawyers who represented Mountain West argued against the request for a preliminary injunction as a whole and made no clear distinction so as not to challenge the plaintiffs’ request to have Fleming established unjustified.
“Preliminary injunctions are an extraordinary agent allotted in genuine emergencies. The moving plaintiffs should not be awarded such an extraordinary means based on the fabricated sense of urgency created by their decision to hold on to their complaints before the evening of this year’s conference tournament,” Read Mountain West’s response to Slusser’s complaint.
Sluts and the other plaintiffs argued in their complaint that “Fleming has been continuously unjustified to play women’s volleyball according to section IX as Fleming’s sex is male and is therefore not entitled to play in and should not be allowed by MWC to play in, MWC Women’s Volleyball Tournament.”
The leading lawyer representing Mountain West in November, Wesley R. Powell, repeatedly insisted that Mountain West is not subject to section IX, as seen in prints of the November hearing obtained by Pakinomist Digital.
“Our position is that we are simply not subject to section IX,” Powell said during the Status Conference. “To be subject to title IX, we had to be recipients of the federal government support, and the conference is not the recipient of any such support. And then from our perspective, all the details are expert certificate you know, pretty much everything that has been put into the post, ultimately irrelevant to us.”
Under oral arguments, Powell said, “It’s only a section IX question if Mountain West receives federal funds, and that’s not the case.”
Pakinomist Digital returned to Mount West and to WFG for a response to the presentation of these facts as they relate to the conference’s statement. No answer has been given. None of WFG’s lawyers have been accused of violating any applicable rules for professional behavior.
Slusses are previously alleged in a major trial against Mountain West, signed by 10 other current or former female college -volleyball players that Fleming and other teammates Snow out the night before a 3rd October match against Colorado State and met with an opposite player.
The lawsuit and a separate title IX complaint filed by former SJSU coach Melissa Batie-Smoose claimed that the teammates who caught up with Fleming, who reportedly later told players and coaches in an alleged plan of Fleming, in conspiracy with the Colorado State player, to have a joke in the game.
The trial and the complaint claimed that the players who talk out told other players and coaches that they saw Fleming also handing over a SJSU scout report with an appointment to throw the game in Colorado State’s advantage.
Slusses were never spiked in the face during this game. Fleming led the game in mistake with 10 when San Jose State lost in straight sets.
The Mountain West conference investigated the allegations in November, but concluded that “sufficient evidence” could not be found.
Public items obtained by Pakinomist Digital show that the leading WFG lawyer in the investigation, Tim Heafhy, coordinated with SJSU and California State University Legal Adviser Dustin May to create interviews with at least six witnesses. SJSU -Hoved Volley Trainer Todd Kress was one of the witnesses.
California State University edited the identity of the other five witnesses who corresponded to Heafhy and May during the investigation into public records delivered to Pakinomist Digital.
Tim HEAPHY, BROOKE SLUSS, BLAIRE FLEMING (Getty Images; courtesy of SJSU -Athletics; Getty Images)
E emails that coordinated interviews for the investigation obtained by Pakinomist Digital said repeatedly that the game took place on October 2nd. A letter announcing that the investigation was closed without finding sufficient evidence was sent only three days after May and HEHEHY’s first E emails to witnesses to create interviews were sent. This letter also incorrectly dated on October 2nd.
In February, Heafhy returned to May, offering legal advisor to navigate a federal title IX study of the situation over the Trans athlete, as seen IE emails obtained by Pakinomist Digital. May responded on February 18th and fell HEHEHY’s offer. Heafhy responded the next day and wrote, “Let me know if we can in any way help in any way about this or other problems.”
May’s office initially responded to Pakinomist Digital’s request for comment after delivering public items requesting a list of questions and background information before they speak. Pakinomist Digital did not provide the information or list of comments and requested a virtual or telephone interview.
May’s office then responded with the statement, “any speculation that the company or lawyer mentioned in your investigation represented SJSU, or CSU is unfounded.” Pakinomist Digital had not asked that question or any other provision, only a request for interview, at that time.
Pakinomist Digital later followed up with May’s Office requesting an interview to tackle other questions and fulfilled his office’s request to provide background information about what would be discussed.
May’s office replied and said, “He will not be available,” and has not responded to request for further comment.
