SJSU did not punish the volleyball coach during the fraud amid the Title IX complaints, the agency found.
INTERMEDIATE: An investigation by the U.S. Department of Education (ED) found that San Jose State University (SJSU) allegedly made a decision not to suspend or fire its head volleyball coach during the transgender team's 2024 sex drive, despite Title IX complaints about the coach.
The ED's findings, which SJSU provided to Fox News Digital in response to a public records request, suggest the school considered the media attention that would come from taking any action against the coach, as well as the impact it could have on the team.
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San Jose State University Spartans head coach Todd Kress speaks to the media following their loss to the Colorado State University Rams in the NCAA Mountain West women's volleyball tournament in Fort Collins, Colo., on Oct. 3, 2024. (Santiago Mejia/San Francisco Chronicle via Getty Images)
The findings do not name the coach, but Fox News Digital correctly believes that the figure titled “Coach 2” in the findings is current SJSU volleyball coach Todd Kress.
“Additional notes show the decision not to suspend Coach 2 also included some negative considerations: 'If we release him . . . [we could also spark more media attention. . . .’ University records indicate University officials, including the President of the University, agreed to not suspend Coach 2 because they felt his suspension would unduly disrupt the team,” the findings state.
ED’s investigation determined SJSU allegedly gave Kress preferential treatment over a female assistant coach, titled Coach 2, whom Fox News Digital reasonably believes to be former SJSU assistant volleyball coach Melissa Batie-Smoose, who is currently waging a wrongful-termination lawsuit against the school.
Batie-Smoose addressed the findings and the allegations that SJSU avoided penalizing Kress to dodge attention in an interview with Fox News Digital.
“All along, they were looking to protect the male player, and anything that would not draw attention, that was all their decision-making in the process,” Batie-Smoose said.
“‘So we want the least amount of attention on this, we want it to go away, and the more we pay light to that, we could have attention on it that we do not want,'” she added about the university’s alleged thought process at the time.
Batie-Smoose was suspended during the 2024 season, then her contract was not renewed the following winter. Per the findings and Batie-Smoose’s own attorney, the reason for her suspension was said to be because she violated the Family Educational Rights and Privacy Act (FERPA), for speaking about a trans athlete’s birth sex.
Batie-Smoose’s attorney, Vernadette Broyles of the Child & Parental Rights Campaign, has vehemently denied that Batie-Smoose violated FERPA.
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The findings state that both coaches had Title IX complaints made against them in 2024, but only Batie-Smoose was penalized, and references an interview Kress did with ESPN, where he allegedly violated FERPA himself.
“Both Coach 2 and Coach 3 had complaints filed against them during the 2024 indoor volleyball season relating to allegations of Title IX violations and employee conduct violations. During the pendency of the employee conduct investigations, the University suspended Coach 3 (a woman) but chose to not suspend Coach 2 (a man), for similar alleged conduct at the beginning of both investigations,” the findings state.
“University records indicate the decision to suspend Coach 3 was primarily based on allegations that Coach 3 committed a ‘FERPA violation’ when she ‘openly went to the press and trashed a student.’ Similarly, the investigator’s notes specifically state Coach 2 ‘crossed the FERPA line in his interview with ESPN…’
“The evidence indicates that Coach 3, a woman, was immediately suspended in conjunction with allegations of a FERPA violation, whereas Coach 2, a man, was not suspended despite facing similar FERPA allegations. OCR has requested additional information regarding these matters from the University in order to make an informed determination, but, despite having ample opportunity to provide it, the University refused to provide all of the requested information.”
The findings also cite an alleged observation by SJSU’s Title IX coordinator that Kress was being “borderline ignored or not even acknowledged.” Fox News Digital reasonable believes Student 3 in the section to be former SJSU co-captain Brooke Slusser, who leads a lawsuit over her experience on the team with the male athlete.
“An email from the Title IX coordinator dated October 17, 2024, includes the observation that: ‘The team has rallied around [Student 3] again [Coach 3], [Coach 2] is not naturally communicated with, the boundary line is ignored or not acknowledged,'” the findings state.
Batie-Smoose said his release led to players questioning their safety.
“By letting me go… they no longer have security, they no longer have anyone looking out for them,” she said.
Slusser also told Fox News Digital that Batie-Smoose's release caused feelings of fear among her and other colleagues.
San Jose State University and the California State University system (CSU) filed a lawsuit against the ED to challenge the results.
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When reached for comment, SJSU provided a link to a webpage containing the court order document. The order prevents any immediate funding cuts to SJSU or CSU, and sets up an expedited court process if the federal government decides to act.
It says CSU and ED must file joint status reports every 60 days until the federal defendants decide whether to withhold, suspend, terminate, suspend, withhold, or deny funding to SJSU or CSU, or take related action.
If the ED decides to withhold funds or take other action, the parties must submit the proposed expedited information and hearing schedule within two business days. The system is intended to allow the CSU to file a motion and have the information and hearing completed within 45 days of the government's decision.
Until that process occurs, the ED's findings will not affect SJSU's or CSU's eligibility for federal funds. The Department of Education may not withhold, freeze, or interfere with state funds based on that letter, proposed agreement, related findings, or facts investigated until 30 days after the hearing, provided that notification and hearing occur within 60 days of the state's decision.
