New Lawsuit Filed for SJSU Coach Suspended After Title IX Complaint
New lawsuit alleges SJSU punished Melissa Batie-Smoose for opposing a male athlete on the women’s team, restricting her speech, and expressing her religious beliefs.
Melissa Batie-Smoose joined San Jose State University as Associate Head Coach of the women’s volleyball team in January 2023. She was the only woman on the coaching staff. She was not told that a male athlete who identifies as female had already been recruited to the team. After she observed the athlete’s superior strength and speed, Head Coach Todd Kress confirmed the athlete was male and instructed her not to disclose that fact to players, recruits, families, or staff, warning that she could be terminated if she did.
Female players raised concerns about safety (including the risk of injury from harder, faster strikes), privacy in locker rooms and hotel rooms, and unequal treatment in scholarships, playing time, and rule enforcement. They were told it was “not their story to tell” and warned against speaking out. One player said, “I feel like we’re being silenced.” Melissa, who is a Christian, repeatedly told Kress, in substance, that “God made man and woman” and that she could not treat a male athlete as female. Kress responded with hostility. He also mocked her in front of players as “Trump-loving” or a “Trump lover” because of her political affiliation. SJSU assigned a DEI administrator to monitor her at practices and during travel.
On October 29, 2024, Melissa filed a sworn Title IX complaint with SJSU, the Mountain West Conference, and the NCAA, alleging sex discrimination and retaliation. Days later, she was placed on administrative leave—orally, minutes before a scheduled match, and before she was interviewed. Her appointment was not renewed, effective January 31, 2025. The university’s stated reasons, including alleged confidentiality violations, are alleged to be pretextual. Melissa never mistreated any player.
On January 28, 2026, the U.S. Department of Education’s Office for Civil Rights issued a Letter of Findings concluding that SJSU violated Title IX. Among other findings, OCR determined that the university denied female athletes equal educational opportunities and benefits, failed to promptly and equitably investigate complaints from female athletes, took actions that discouraged women from participating in the Title IX process, and subjected Melissa (a woman) to disparate treatment compared with Kress (a man) for substantially similar alleged conduct. Internal records noted that suspending Kress could “spark more media attention” or “unduly disrupt the team”—considerations not applied to Melissa. OCR also found that Kress “crossed the FERPA line” in an ESPN interview but was not subject to adverse action.
The new complaint, filed October 13, 2026, asserts Title IX sex discrimination and retaliation claims against the Board of Trustees of the California State University and 42 U.S.C. § 1983 claims against individual university officials for violations of the First Amendment (free speech, free exercise of religion, freedom of association) and the Fourteenth Amendment (equal protection). It seeks reinstatement, back pay, compensatory damages, and prospective relief.
Multiple opposing teams forfeited matches rather than compete against a male athlete on the women’s roster. This case shows what happens when a coach fulfills her duty to protect female athletes and speaks consistently with her religious convictions in a collegiate culture that elevates “transgender rights” over women’s rights.
Key timeline
- October 29, 2024: Sworn Title IX complaint filed.
- November 1–2, 2024: Immediate suspension without prior interview.
- January 31, 2025: Notice of nonrenewal.
- January 28, 2026: OCR Letter of Findings confirming Title IX violations.
- October 13, 2026: New complaint filed.
Read the complaint
The full complaint filed October 13, 2026 is here: Read the full complaint (PDF)
Vernadette Broyles, President & Chief Counsel, CPRC
“Melissa did what Title IX requires: she stood up for the female athletes she coached. The Department of Education’s findings confirm the violations she reported. SJSU’s decision to punish her rather than address the unequal treatment of female athletes is exactly the kind of retaliation the law prohibits. It is a privilege to represent her.”
Why this matters
Title IX exists to secure equal athletic opportunities, safety, and privacy for females. When universities silence coaches and players who raise concerns about male participation in women’s sports and when they treat a female coach more harshly than her male counterpart for similar alleged conduct, they undermine the statute’s purpose. Religiously motivated speech and advocacy for sex-based rights are protected by the U.S. Constitution and federal civil rights laws. This lawsuit seeks to hold officials accountable and to protect coaches who are willing to enforce equal treatment for female athletes.