San Jose State University Coach Files Lawsuit Over Alleged Treatment

Former San Jose State University volleyball assistant coach Melissa Batie-Smoose has filed a new lawsuit regarding her alleged treatment amid the university’s scandal involving transgender athlete Blaire Fleming and female teammate Brooke Slusser. Batie-Smoose initially filed a lawsuit last October, which was dismissed in September. However, she continues to pursue legal action, alleging mistreatment leading up to her suspension and eventual dismissal.

The new lawsuit accuses head volleyball coach Todd Kress of mocking Batie-Smoose for her support of Donald Trump, showing hostility towards her religious objections to a transgender athlete’s participation, and making her feel physically unsafe during specific interactions. The complaint asserts Batie-Smoose communicated her beliefs to Kress, stating that God created man and woman, which conflicted with treating a male athlete as female. Her report claims Kress displayed hostility towards these beliefs and ridiculed her political stance.

The complaint states Kress berated her during practice in front of athletes, disparaging her as a ‘Trump lover.’ Batie-Smoose had previously worked with Kress at Florida State in 2006 and Fairfield University from 2019 to 2022, before joining San Jose State.

Batie-Smoose alleges she learned about Fleming’s transgender status upon arriving in 2023. Over two seasons, disagreements about Fleming’s participation intertwined with Batie-Smoose’s professional relationship with Kress, her court responsibilities, and her position within the athletic department.

An alleged confrontation involved a canceled recruiting visit disrupted by a hurricane. Batie-Smoose says Kress ignored her upon her return, leading to a confrontation in her office where she felt physically unsafe. She reported the incident to human resources and program administrators, but claims no disciplinary action was taken against Kress.

The complaint details additional alleged confrontations with players, noting incidents where Kress berated athletes, resulting in panic attacks and harsh reprimands.

Batie-Smoose’s filing cites an older accusation against Kress, reported in July by Fox News, involving a former Fairfield player alleging an assault in 1998. According to Batie-Smoose’s filing, SJSU was informed of the player’s concerns in October 2024 but took no further action.

On Oct. 29, 2024, Batie-Smoose filed a Title IX complaint alleging unequal treatment and failures within the program concerning transgender athlete participation. Shortly thereafter, the university placed her on paid leave.

Her lawsuit states that her suspension occurred on Nov. 2, shortly before a home match, barring her from accessing the gym and retrieving her belongings. A letter referenced allegations against Batie-Smoose preceding her Title IX complaint, including differential treatment, disclosure of confidential student information, unprofessional conduct, inappropriate language, and coaching failures.

Batie-Smoose argues the charges were used as pretext and that rules were enforced differently than against Kress, who was not similarly disciplined.

On Jan. 31, 2025, athletics director Jeff Konya informed her that her coaching appointment would not be renewed, concluding her association with San Jose State.

Her newest lawsuit, filed Oct. 13 in the Northern District of California, names the California State University trustees and 11 university employees, including Kress.

Judge Noël Wise dismissed her previous amended complaint in September, finding allegations did not plausibly link her suspension or nonrenewal to sex discrimination or protected advocacy.

San Jose State and California State University declined to comment on the pending litigation.

San Jose State spokesperson: “Due to pending litigation, San Jose State is unable to comment.”

CSU spokesperson: “The CSU is not commenting at this time. We were made aware of the lawsuit yesterday and are still reviewing the claims.”

The case arrives as SJSU and CSU engage in broader legal battles over the volleyball scandal involving Batie-Smoose, former athletes, and President Trump’s administration.

On Jan. 28, 2026, the Education Department’s Office for Civil Rights issued findings, concluding SJSU violated Title IX rules regarding athletic participation, facilities, and discrimination handling.

OCR noted personnel investigations involving Batie-Smoose and Kress opened in November 2024, questioning the suspension decision against Batie-Smoose but not Kress.

CSU disputes the comparison, arguing coaches were not similarly situated and Batie-Smoose disclosed protected information.