The U.S. Department of Education (ED) has investigated the decision-making process of San Jose State University (SJSU), allegedly involving the school’s head volleyball coach amid a 2024 transgender scandal. Despite Title IX complaints, SJSU chose not to suspend or relieve the coach. ED’s findings, shared with Fox News Digital, indicate the university considered potential media attention from any disciplinary action and its impact on the team.
Todd Kress, believed to be the coach referred to as “Coach 2” in the findings, spoke to media outlets including ESPN and was not suspended. However, reports indicate Kress allegedly violated the Family Educational Rights and Privacy Act (FERPA) during an interview, similar to another coach who was suspended.
Melissa Batie-Smoose, former SJSU assistant coach titled “Coach 3” in findings, faced alleged FERPA violations for discussing a trans athlete’s birth sex. She contests these allegations, as her attorney denies any FERPA breach. Batie-Smoose was suspended and did not have her contract renewed, leading to a wrongful termination lawsuit against the school.
The investigation suggests preferential treatment favored Kress over Batie-Smoose. Both faced Title IX allegations, but only Batie-Smoose was suspended, despite similar complaints filed against Kress, resulting in accusations of gender bias in disciplinary actions.
Additionally, the findings cite observations by SJSU’s Title IX coordinator, who noted Kress’s alleged marginalization compared to other team members. This situation led to concerns about player safety due to Batie-Smoose’s suspension.
San Jose State University and the California State University system have challenged ED’s findings in court, aiming to prevent immediate funding cuts. A court order maintains their eligibility for federal funds while facilitating expedited legal proceedings if the federal government seeks further action.
The lawsuit stipulates CSU and ED must file joint status reports regularly, ensuring a judicial process if federal decisions affect funding. Until then, ED’s findings remain without financial impact.
Jackson Thompson, a reporter for Fox News Digital, covers significant cultural and political issues in sports, providing investigative insights. His work has been featured in major media outlets and influences federal actions tied to Title IX enforcement.
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