Rep. Kevin Kiley, a Republican from California, addressed recent developments concerning allegations against transgender athlete Brooke Fleming. On Monday, he mentioned that the Mountain West Conference engaged the same law firm to investigate allegations of misconduct involving Fleming, the firm which is also defending athlete qualifications for conference tournaments in court.
Kiley has been outspoken about the participation of transgender athletes in women’s sports, particularly amidst tensions with California Governor Gavin Newsom after a lawsuit was filed regarding Title IX violations.
He stated, “The absurdity and inequality of forcing young women and girls to compete with men also poses clear safety risks.” Kiley added that revelations concerning the investigations were unsettling but not surprising, expressing concerns that institutions prioritizing certain interests might ultimately compromise the safety of student-athletes.
Reflecting more on the situation, he noted, “Fortunately, the trend has been critically opposed to backward politicians and organizations that violate common sense and biological reality in an attempt to undermine the hard-won civil rights protections of female athletes.”
In connection with these events, former San Jose State women’s volleyball player, Brooks Slusser, felt she was targeted during a game against Colorado when Fleming allegedly spiked the ball into her face. Despite the incident, Slusser remained focused during the match, although Fleming had multiple errors as the team lost in straight sets to Colorado State.
It was previously reported that the Mountain West retained the law firm Willkie Farr & Gallagher (WFG) to investigate the allegations against Fleming. Remarkably, this occurred during the same timeframe as efforts aimed at ensuring Fleming’s eligibility while also attempting to disqualify women from competing in tournaments.
The investigation wrapped up quickly, just three days later, and Fleming was cleared of any wrongdoing. However, the conference released no evidence, and Fleming was able to play the entire season, earning accolades and guiding SJSU to the Mountain West Championship Game.
Records indicate that WFG’s Tim Heaffee, involved in the investigation against Fleming, later offered assistance to the school’s lawyers for navigating federal Title IX inquiries, though this offer was declined. Importantly, none of the WFG attorneys have faced accusations of professional misconduct.
In light of these developments, Slusser aired her grievances during an appearance on Fox News Channel’s “America Reports.” She articulated her belief that there is substantial bias in the approach taken and emphasized that they are neglecting critical issues in favor of protecting male athletes. Slusser expressed hope that future female athletes wouldn’t have to endure similar challenges.
She concluded by stating, “The goal is not to have another female athlete pass what I did. My senior season was ruined, and my hope is to ensure that young girls with dreams can pursue them without facing the same obstacles.”
