SJSU didn’t penalize volleyball coach during trans scandal amid Title IX complaints, federal findings allege
SPECIAL: San Jose State University (SJSU) decided not to suspend or fire its head volleyball coach during the team’s transgender scandal in 2024, despite Title IX-related complaints against the coach, an investigation by the U.S. Department of Education (ED) has found.
ED’s findings, provided to Fox News Digital by SJSU in response to a public records request, suggest the school considered the potential media attention that could result from any action against the coach and the impact it would have on the team.
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San Jose State University Spartans head coach Todd Kress speaks to the media after a loss to the Colorado State University Rams during an NCAA Mountain West women’s volleyball match on Oct. 3, 2024 in Fort Collins, Colo. (Santiago Mejia/San Francisco Chronicle via Getty Images)
The findings do not mention the coach’s name, but Fox News Digital reasonably believes that the figure titled “Coach 2” in the findings is current SJSU volleyball head coach Todd Kress.
“Additional notes show that the decision not to suspend Coach 2 also involved improper consideration: ‘If we remove him…’ [we could also spark more media attention. . . .’ University records indicate University officials, including the President of the University, agreed to not suspend Coach 2 because they felt his suspension would unduly disrupt the team,” the findings state.
ED’s investigation determined SJSU allegedly gave Kress preferential treatment over a female assistant coach, titled Coach 2, whom Fox News Digital reasonably believes to be former SJSU assistant volleyball coach Melissa Batie-Smoose, who is currently waging a wrongful-termination lawsuit against the school.
Batie-Smoose addressed the findings and the allegations that SJSU avoided penalizing Kress to dodge attention in an interview with Fox News Digital.
“All along, they were looking to protect the male player, and anything that would not draw attention, that was all their decision-making in the process,” Batie-Smoose said.
“‘So we want the least amount of attention on this, we want it to go away, and the more we pay light to that, we could have attention on it that we do not want,'” she added about the university’s alleged thought process at the time.
Batie-Smoose was suspended during the 2024 season, then her contract was not renewed the following winter. Per the findings and Batie-Smoose’s own attorney, the reason for her suspension was said to be because she violated the Family Educational Rights and Privacy Act (FERPA), for speaking about a trans athlete’s birth sex.
Batie-Smoose’s attorney, Vernadette Broyles of the Child & Parental Rights Campaign, has vehemently denied that Batie-Smoose violated FERPA.
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The findings state that both coaches had Title IX complaints made against them in 2024, but only Batie-Smoose was penalized, and references an interview Kress did with ESPN, where he allegedly violated FERPA himself.
“Both Coach 2 and Coach 3 had complaints filed against them during the 2024 indoor volleyball season relating to allegations of Title IX violations and employee conduct violations. During the pendency of the employee conduct investigations, the University suspended Coach 3 (a woman) but chose to not suspend Coach 2 (a man), for similar alleged conduct at the beginning of both investigations,” the findings state.
“University records indicate the decision to suspend Coach 3 was primarily based on allegations that Coach 3 committed a ‘FERPA violation’ when she ‘openly went to the press and trashed a student.’ Similarly, the investigator’s notes specifically state Coach 2 ‘crossed the FERPA line in his interview with ESPN…’
“The evidence indicates that Coach 3, a woman, was immediately suspended in conjunction with allegations of a FERPA violation, whereas Coach 2, a man, was not suspended despite facing similar FERPA allegations. OCR has requested additional information regarding these matters from the University in order to make an informed determination, but, despite having ample opportunity to provide it, the University refused to provide all of the requested information.”
The findings also cite an alleged observation by SJSU’s Title IX coordinator that Kress was being “borderline ignored or not even acknowledged.” Fox News Digital reasonable believes Student 3 in the section to be former SJSU co-captain Brooke Slusser, who leads a lawsuit over her experience on the team with the male athlete.
“An email from the Title IX coordinator dated October 17, 2024, includes the observation that: ‘The team has rallied around [Student 3] And [Coach 3], [Coach 2] findings indicate it is not communicated organically, borderline ignored, or even unacknowledged.
Batie-Smoose said his release made players question their safety.
“By releasing me, they no longer have security, there is no one looking out for their interests,” he said.
Slusser also previously told Fox News Digital that Batie-Smoose’s release caused feelings of fear among him and other teammates.
San Jose State University and the California State University system (CSU) filed suit against ED to challenge the findings.
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When reached for comment, SJSU provided a link to a web page containing the document regarding the court decision. The decision prevents any immediate funding cuts to SJSU or CSU and opens an expedited court process if the federal government decides to take action.
It states that CSU and ED must submit joint status reports every 60 days until the federal defendants decide to cease, pause, terminate, freeze, block, or otherwise deny funding to SJSU or CSU or take appropriate action.
If ED decides to withhold funds or take other action, the parties must submit a proposed expedited briefing and hearing schedule within two business days. The program is designed to allow the CSU to submit a motion, brief, and complete the hearing within 45 days of the government’s decision.
Until this process occurs, ED’s findings will have no impact on SJSU or CSU’s eligibility for federal funds. The Department of Education may not withhold, suspend, or withhold federal funds until 30 days after the court hearing based on this letter, the proposed agreement, relevant findings, or facts under investigation, assuming the briefing and hearing will occur within 60 days of the government’s decision.
