San Jose State University in Title IX Controversy Over Volleyball Coach

The U.S. Department of Education (ED) has conducted an investigation into San Jose State University (SJSU) concerning their decision to retain their head volleyball coach amid a 2024 transgender scandal. This decision was made despite Title IX complaints against the coach. SJSU, in documents obtained by Fox News Digital through a public records request, considered the impact of media attention should they take action against the coach, and how it would affect the volleyball team’s dynamics.

In-depth analysis of the findings, while not naming the coach, implied that Coach 2 is likely current head volleyball coach Todd Kress. Documents highlighted how university officials, including the president, decided not to suspend Coach 2, as it might create unwanted media attention and disrupt the team.

The investigation illuminated alleged preferential treatment given to Kress over a female assistant coach, identified by Fox News Digital as former assistant coach Melissa Batie-Smoose. Batie-Smoose is currently pursuing a wrongful-termination lawsuit against the university. She expressed that SJSU’s decisions were aimed at minimizing attention while protecting a male player, as noted in an interview with Fox News Digital.

They were protecting the male player…wanting the least attention possible. The goal was to make the issue disappear without drawing additional light, Batie-Smoose stated.

The assistant coach faced suspension during the 2024 season and did not have her contract renewed. SJSU cited her suspension was due to a violation of the Family Educational Rights and Privacy Act (FERPA), accusing her of disclosing a trans athlete’s birth sex. Her attorney, Vernadette Broyles, denies any FERPA violation by Batie-Smoose.

The findings mention that both coaches received Title IX complaints in 2024, but only Batie-Smoose faced penalties. Kress was noted to have likely breached FERPA during an ESPN interview, but no action was taken against him. SJSU records suggest that the decision to suspend the female coach was largely due to a perceived FERPA violation.

A significant point from the investigation is a report from the Title IX coordinator, noting that Kress received scant acknowledgment from the team. This was particularly relevant in comparison to other staff and players, like former co-captain Brooke Slusser, involved in litigation over her experiences with the team and the male athlete.

Batie-Smoose remarked that her dismissal left students without an advocate for their safety. Slusser also shared similar sentiments about the increased fear among teammates following Batie-Smoose’s departure.

SJSU and the California State University system (CSU) have initiated a lawsuit to contest ED’s findings. They aim to prevent any immediate financial impacts and seek a resolution on the federal government’s stance on funding the university. An order requires CSU and ED to routinely update their status until a definitive decision is reached regarding fund adjustments.