San Jose State University Faces Scrutiny in Title IX Investigation

The U.S. Department of Education (ED) conducted an investigation that highlighted issues at San Jose State University (SJSU) regarding the handling of complaints against its head volleyball coach amid a 2024 transgender controversy. Findings indicated that SJSU chose not to suspend or remove the coach, despite Title IX complaints linked to the situation. The decision appeared to be driven by concerns over potential media coverage and its impact on the team.

SJSU had reportedly acknowledged these findings in documents provided to Fox News Digital following a public records request.

The investigation also revealed alleged preferential treatment for the head coach, identified as Todd Kress, over an assistant coach, presumed to be Melissa Batie-Smoose. Batie-Smoose, currently suing SJSU for wrongful termination, claims the University chose to protect its male coach from scrutiny. In media statements, Batie-Smoose argued that SJSU’s priority was to minimize attention and avoid controversy.

During the 2024 season, Batie-Smoose faced suspension, allegedly due to a FERPA violation related to discussing a transgender athlete’s birth sex. However, her attorney, Vernadette Broyles of the Child & Parental Rights Campaign, contested these allegations, maintaining Batie-Smoose did not breach FERPA regulations.

Disparity in Actions Against Coaches

The findings highlighted a disparity in how complaints were handled. Both Batie-Smoose and Kress faced accusations of Title IX violations. Yet, only Batie-Smoose suffered penalties, with claims she committed a FERPA violation by disclosing a student’s information to the media.

An additional point of contention was Kress’s interview with ESPN, where he allegedly also breached FERPA. Despite this, SJSU refrained from suspending Kress, as per the Department of Education’s findings.

The investigation into university actions noted the Title IX coordinator’s observation that Kress was largely overlooked by peers, while Batie-Smoose’s removal led to safety concerns among players. Brooke Slusser, a former team co-captain, has supported such allegations, expressing fear and uncertainty among athletes following Batie-Smoose’s departure.

Legal Battle Over Findings

SJSU, alongside the California State University (CSU) system, has filed a lawsuit challenging the investigation’s outcomes. A current court order shields immediate funding cuts from affecting SJSU or CSU but sets a path for expedited court proceedings, should the federal government pursue action against the universities.

If ED chooses to withhold or suspend funding, both parties are required to agree on a proposed schedule for court proceedings within two business days. This ensures any governmental decision is addressed promptly, with legal processes expected to conclude within 45 days.

Meanwhile, ED findings will not impact the university’s federal fund eligibility until 30 days after any potential court hearing, provided it occurs within the stipulated timeframe.

Conclusion

The dispute surrounding SJSU underscores broader conversations about fairness and accountability in college sports. The upcoming legal challenges and outcomes of potential Title IX enforcement could set precedents for handling such cases in the future.

Jackson Thompson, a sports reporter, has extensively covered these developments for Fox News Digital, with his work cited in various media and government contexts.