Background and Initial Lawsuit
Former San Jose State University (SJSU) volleyball assistant coach Melissa Batie-Smoose has filed a new lawsuit following her alleged treatment related to a scandal involving a transgender athlete, Blaire Fleming, and female teammate, Brooke Slusser. Her previous lawsuit, filed last October, was dismissed in September. Batie-Smoose is now making new allegations concerning events before her suspension and subsequent dismissal from her position.
Allegations Against Head Coach Todd Kress
Batie-Smoose’s new complaint accuses SJSU head volleyball coach Todd Kress of mocking her support for Donald Trump, expressing hostility towards her religious objections to including a transgender athlete, and making her feel physically unsafe in certain interactions. She communicated her beliefs to Kress, stating her faith prevented her from recognizing a male athlete as female. The complaint claims Kress’s reaction was hostile and he disparaged her political affiliations.
Specific Incidents Cited
According to the complaint, Kress allegedly berated her during practices, labeling her a ‘Trump-loving’ individual in front of the athletes. Additional claims include Kress excluding Batie-Smoose from meetings and reducing her coaching responsibilities. Their professional relationship traces back to previous collaborations at Florida State and Fairfield University before reuniting at SJSU in 2023.
Physical Confrontation and Administrative Response
An alleged confrontation occurred in August 2023 after a disrupted recruit’s travel plans due to a hurricane. Batie-Smoose claims Kress ignored her, followed her to her office, closed the door, and cornered her, making her feel physically threatened. She reported this to human resources, but no disciplinary action was taken against Kress.
Other Alleged Misconduct
The lawsuit describes other incidents involving players, such as Kress reportedly causing a player panic attacks and harshly reprimanding another player for being late. Despite Batie-Smoose’s attempts to report these incidents, no action was taken against Kress.
Historical Accusations and Title IX Complaint
The filing also references a past accusation of a 1998 hotel-room assault by Kress, reported by a former Fairfield player. SJSU allegedly did not act on this report, which Batie-Smoose cites as consistent with her claims of disparate treatment. On October 29, 2024, she filed a Title IX complaint citing unequal treatment and mishandling of issues regarding the women’s volleyball program.
University’s Actions Against Batie-Smoose
Days after filing her complaint, Batie-Smoose was put on paid administrative leave. On November 2, she was barred from a home match, denied access to her office, and accused of various misconducts, such as inappropriate language and unprofessional behavior. She denies these allegations and contends the actions against her were discriminatory.
Recent Legal Developments
Batie-Smoose’s latest lawsuit, filed on October 13, names the California State University (CSU) trustees and 11 university employees. After a previous legal setback, Batie-Smoose and her legal team have pursued new allegations. While CSU has not commented on the lawsuit, the SJSU and CSU find themselves legally entangled with various parties, including President Donald Trump’s administration over transgender athlete policies.
Allegations Against SJSU and CSU
The Education Department’s Office for Civil Rights issued findings highlighting SJSU’s violations of Title IX regarding athletic participation and discrimination complaints. Batie-Smoose’s lawsuit argues that the universities handled privacy issues selectively and unequally punished her compared to Kress.
Impact of NCAA and Legal Decisions
In February 2025, the NCAA revised its policy to limit women’s team participation to those assigned female at birth. Later Supreme Court decisions upheld similar restrictions, impacting ongoing disputes over transgender athlete participation at SJSU and beyond.
Batie-Smoose’s Next Steps
Batie-Smoose seeks compensation, professional reinstatement, punitive damages, legal fees, and a jury trial. She contests findings against her and has since been appointed head volleyball coach at Cisco College.