A U.S. Department of Education (ED) investigation revealed that San Jose State University (SJSU) allegedly decided not to suspend its head volleyball coach during the team’s 2024 transgender scandal, despite Title IX-related complaints against the coach.
According to findings shared by SJSU with Fox News Digital, the school allegedly weighed potential media attention that actions against the coach might attract. They also considered the impact such actions might have on the team.
Although the findings do not mention the coach’s name, Fox News Digital reasonably identifies “Coach 2” as Todd Kress, the current SJSU volleyball head coach.
Documentation indicates that the decision not to suspend Coach 2 included concerns about media scrutiny. University officials, including the President, believed suspending Coach 2 would disrupt the team.
The ED’s investigation suggests SJSU allegedly gave preferential treatment to Kress over Melissa Batie-Smoose, a female assistant coach who is currently pursuing a wrongful-termination lawsuit against the school.
Batie-Smoose commented on the findings and the allegations, noting that protecting the male player and avoiding attention were key points in the university’s decision-making process.
During the 2024 season, Batie-Smoose was suspended, and her contract was not renewed the following winter. The stated reason for her suspension was violating the Family Educational Rights and Privacy Act (FERPA) for discussing a trans athlete’s birth sex.
Batie-Smoose’s attorney, Vernadette Broyles of the Child & Parental Rights Campaign, has denied any FERPA violation by Batie-Smoose.
Findings indicate both Kress and Batie-Smoose had Title IX complaints against them in 2024, yet only Batie-Smoose faced penalties. Evidence suggests Kress may have violated FERPA in an ESPN interview.
The university chose to suspend Coach 3, a woman, while Coach 2 remained unsuspended despite allegations of similar conduct at the beginning of the investigations.
Further investigation was hindered due to insufficient information provided by SJSU.
University records show an email from the Title IX coordinator noting a lack of communication with Coach 2. Fox News Digital reasonably identifies “Student 3” as Brooke Slusser, a former SJSU co-captain involved in a lawsuit.
Batie-Smoose expressed concern for players’ safety following her release. Slusser shared similar sentiments, highlighting feelings of fear among her and teammates.
SJSU and California State University (CSU) have filed a lawsuit against ED, disputing the findings.
SJSU’s statement included a court order link, which prevents immediate funding cuts to SJSU or CSU. Additionally, it sets an expedited court process for potential federal actions.
The order mandates joint status reports by CSU and ED every 60 days until federal defendants decide on funding actions. If ED opts to withhold funds or take action, parties must submit a proposed briefing and hearing schedule quickly.
Until resolved, ED findings will not impact SJSU or CSU’s federal funding eligibility. The Department of Education is prohibited from disrupting federal funds based on investigation findings until after court proceedings.
Jackson Thompson is a sports reporter for Fox News Digital, focusing on critical political and cultural sports issues. His work is referenced in federal actions related to Title IX enforcement and by major media outlets.
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