Allegations and Legal Actions in SJSU’s 2024 Volleyball Scandal

A recent investigation by the U.S. Department of Education (ED) revealed that San Jose State University (SJSU) allegedly chose not to suspend its head volleyball coach amid a 2024 transgender controversy, despite Title IX complaints against him. The findings, provided to Fox News Digital via a public records request, suggest the university considered potential media scrutiny in its decision-making process.

SJSU’s head volleyball coach, Todd Kress, is believed by Fox News Digital to be the figure referred to as “Coach 2” within the investigation’s documents. Despite the lack of direct mention of Kress, the association is drawn based on available context.

Notes from the investigation highlight that officials decided against suspending Coach 2 due to concerns over potential media attention. The university’s records show that even the President considered Coach 2’s suspension would excessively disrupt the team’s dynamics. Instead, SJSU is alleged to have preferred to minimize focus on the issue.

Meanwhile, Melissa Batie-Smoose, former SJSU assistant volleyball coach, faced suspension and did not have her contract renewed in winter following her alleged Family Educational Rights and Privacy Act (FERPA) violation. Batie-Smoose’s alleged violation arose from discussing a trans athlete’s birth sex. However, her attorney, Vernadette Broyles, has denied these allegations.

In contrast, the investigation states that both Batie-Smoose and Kress faced similar allegations during the 2024 season. Nonetheless, the university allegedly chose only to penalize Batie-Smoose. Incidents reportedly involve Kress potentially overstepping FERPA lines during an ESPN interview, similar to the accusations against Batie-Smoose.

The findings further mention observations from SJSU’s Title IX coordinator, noting that Kress seemed “ignored” or “not even acknowledged” by the university community at certain times. This aligns with student concerns, as expressed by former co-captain Brooke Slusser, who is involved in a related lawsuit.

Allegations of preferential treatment and concerns about player safety have come to light since Batie-Smoose’s release. Both Batie-Smoose and Slusser shared insights into the uneasy team atmosphere following these events.

In retaliation, SJSU, alongside the California State University system, has filed a lawsuit against ED, challenging these findings. Currently, a court order safeguards SJSU and CSU from immediate funding cuts, setting a framework for expedited court proceedings should federal actions follow.

The order mandates that ED and CSU must update joint status every 60 days regarding potential funding implications. If actions are taken, outlined procedures ensure escalation and hearings within 45 days.

As of now, SJSU and CSU’s eligibility for federal funds remains unaffected pending further court discussions. No action regarding funding may occur for at least 30 days after a possible court hearing, presuming proceedings remain on schedule within 60 days of a decision.

Jackson Thompson, a sports reporter for Fox News Digital, covers significant political and cultural issues in sports, incorporating investigative approaches to his reporting. His work has been referenced in Title IX enforcement actions and cited by prominent media outlets.