DOJ’s Response to Allegations Involving Transgender Volleyball Players
The U.S. Department of Justice’s Attorney General, Hermate Dillon, has addressed recent issues surrounding transgender volleyball players at San Jose State University (SJSU) that have surfaced since last fall.
In response to a report on July 31, Dillon commented on allegations made by former SJSU player Brooke Slusser, who accused a player named Fleming of conspiring with opponents during an October match.
Dillon stated, “The Department of Justice will restore fairness in women’s sports and continue to pursue individuals jeopardizing the rights of young women. We plan to uphold Title IX and utilize all available legal resources to safeguard women’s rights without fear of male retaliation.”
According to records accessed by Fox News Digital, an investigation conducted by the Mountain West Conference concluded in November without sufficient evidence, only three days after initial outreach for interviews.
This probe was led by the law firm Willkie Farr & Gallagher (WFG), which was also tasked by Mountain West to defend against Slusser’s lawsuit.
Official documents from WFG, overseen by attorney Tim Heaphy, who previously advised on the January 6th Capitol protest investigation, were part of the inquiry into Fleming’s conduct. Slusser remarked that her teammates discussed Fleming’s alleged plans during that investigation.
“From what I understand, one teammate relayed that she heard discussions about the scouting report that evening,” Slusser said. “That should have been enough evidence regarding Fleming’s alleged plan.” She added that this was not just hearsay, mentioning she personally knew the conversations happened between players, particularly one named Malaya.
Fox News Digital hasn’t confirmed if Slusser’s teammates echoed her claims during their statements to investigators. It’s worth noting that none of the WFG lawyers faced any professional misconduct allegations.
Dillon’s remarks resonate with other Republican figures addressing this situation. For instance, Tennessee Senator Marsha Blackburn expressed that it was unacceptable for women to be compelled to compete against men.
Alabama Senator Tommy Tuberville also shared his views, urging the NCAA and Mountain West to reconsider their investigative processes. He commented, “It’s shameful that universities are putting female athletes at risk. An investigation is necessary.” Tuberville applauded Slusser for advocating for female athletes.
A White House spokesperson also weighed in last week, asserting that women should be able to compete without the threat of harassment from biological males. The spokesperson mentioned that President Trump is working to restore integrity to women’s sports.
In a lawsuit signed by 10 fellow female athletes, Slusser alleged she witnessed Fleming and other teammates leaving their hotel the night before a match against Colorado on October 3rd to meet with players from the opposing team.
The lawsuit claimed that a teammate later informed others about Fleming’s supposed plotting with a Colorado athlete that influenced the game. Players reportedly saw Fleming share SJSU’s scouting report and discuss strategies.
Slusser shared her negative interactions with Fleming after her involvement in a lawsuit against the NCAA in September, describing a shift in Fleming’s attitude towards her.
Fox News Digital approached SJSU’s athletic director, Jeff Konya, seeking clarity on Slusser’s allegations, but he abruptly left the discussion after some time, stating, “I’m done.”
When asked about Slusser’s assertion, Konya expressed uncertainty regarding its truthfulness and did not confirm or deny any witnesses’ support for the claims against Fleming.
Regarding Fleming’s response to the ongoing controversy, Konya asserted, “Everyone acted as well as they could given the circumstances.”
The Department of Education has initiated a federal Title IX investigation regarding the treatment of transgender athletes at universities, having reached agreements with multiple institutions, such as the University of Pennsylvania concerning swimmer Leah Thomas’ records.
Education Secretary Linda McMahon emphasized that the investigation into SJSU is ongoing, reinforcing their commitment to addressing the issue.
As the DOJ examines complaints from civil servants in states like California and Maine, it continues to address the legal implications surrounding women’s sports.

