The U.S. Department of Education (ED) conducted an investigation into San Jose State University (SJSU) regarding allegations involving the school’s volleyball team in 2024. The probe uncovered that SJSU allegedly refrained from suspending the head volleyball coach despite receiving Title IX-related complaints. Findings point out that the university weighed the potential media scrutiny that might result from taking action against the coach.
According to records provided to Fox News Digital through a public records request, the school’s hesitation stemmed from concerns about media attention and its potential impact on the team. Reports refer to the figure titled ‘Coach 2,’ who is believed to be the current head coach, Todd Kress. Discussions among university officials, including the President, indicated a decision to avoid suspension to prevent team disruption.
The investigation results further suggested that Todd Kress allegedly received preferential treatment over a female assistant coach, referred to as ‘Coach 3.’ This coach is believed to be Melissa Batie-Smoose, who is pursuing a wrongful-termination lawsuit against SJSU. Batie-Smoose mentioned that the school focused on minimizing attention around the male athlete and the situation.
Batie-Smoose was suspended during the 2024 season and subsequently not re-hired. The cause cited for her suspension was a supposed violation of the Family Educational Rights and Privacy Act (FERPA) due to her comments about a transgender athlete’s birth sex. Her attorney, Vernadette Broyles, challenged the accuracy of this claim.
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The findings also revealed that both coaches had Title IX complaints against them in 2024. However, only Batie-Smoose faced penalties despite similar allegations against each. In an ESPN interview, Kress allegedly breached FERPA, yet escaped suspension.
While SJSU’s Title IX coordinator noted that Coach Kress was largely being ignored and not acknowledged, an email from October 17, 2024, detailed this observation. The case has since led to a related legal battle which included Brooke Slusser, a former co-captain, who filed a lawsuit addressing her experience with the team.
Following the investigation, the university and the California State University system initiated legal action against ED. This lawsuit challenges the findings, and current court orders prevent any immediate funding cuts to SJSU or CSU. An expedited court process is in place should the federal government decide to take further action.
The ED retains the ability to withhold, pause, or cut federal funds following a court hearing if they decide against SJSU or CSU. Until this process concludes, the findings do not affect the universities’ federal fund eligibility.
Jackson Thompson, a sports reporter for Fox News Digital, provides in-depth coverage of political and cultural debates within the sports realm.