Melissa Batie-Smoose, a former assistant volleyball coach at San Jose State University, filed a new lawsuit Oct. 13 in federal court in Northern California, renewing claims that the school retaliated against her over her political views, religious beliefs and objections to transgender athlete Blaire Fleming’s participation on the women’s team. The complaint names the California State University trustees and 11 university employees, including head coach Todd Kress.
The new filing follows a setback in Batie-Smoose’s earlier case. On Sept. 4, U.S. District Judge Noël Wise dismissed an amended complaint alleging discrimination and retaliation under Title VII and Title IX. Wise concluded the allegations did not plausibly link Batie-Smoose’s suspension or the nonrenewal of her coaching appointment to her sex or protected advocacy. The judge’s order said the prior complaint supported the conclusion that the university disciplined her for disclosing student information after being told to keep it confidential, rather than for opposing sex discrimination. The court allowed her to amend her claims.
Batie-Smoose’s latest complaint alleges that Kress mocked her support for Donald Trump in front of players, made hostile remarks about her religious objections to Fleming’s participation, and excluded her from meetings while reducing her coaching responsibilities. She says she told Kress her beliefs prevented her from treating a male athlete as female. These are allegations in the filing, not established findings.
The complaint also describes a confrontation in about August 2023, after a hurricane disrupted a recruit’s flight. Batie-Smoose says that, after she returned to the gym and tried to update Kress, he followed her into her office, closed the door, yelled at and berated her, and said he could have her fired. She says she felt physically unsafe and reported the encounter to athletics human resources and a program administrator. According to the complaint, she was told Kress was her boss and should be obeyed, and he was not disciplined.
Batie-Smoose says she joined Kress at San Jose State after working with him at Florida State in 2006 and Fairfield University from 2019 to 2022. She moved her family from Connecticut to California in January 2023 to take the associate head coach position. She has previously said she learned Fleming was transgender only after arriving at the university. Her new complaint describes subsequent disagreements about Fleming’s participation as part of a broader conflict over her job and standing in the athletic department.
The filing also recounts complaints about Kress’s treatment of players. It alleges one player suffered panic attacks after being harshly criticized over a running test, and that another was reprimanded in front of the team for arriving a few minutes late after a loss. Batie-Smoose says she reported both incidents. The complaint asserts, based on information and belief, that Kress was not disciplined.
A separate section refers to a former Fairfield player’s accusation of a 1998 hotel-room assault, previously reported by Fox News Digital. Batie-Smoose’s complaint says the former player contacted San Jose State in October 2024 and an official acknowledged her safety concern. The filing argues that the school’s handling of that report supports its claim of unequal treatment. The supplied material does not establish the accusation as fact, and Kress’s response to it is not provided.
On Oct. 29, 2024, Batie-Smoose filed a Title IX complaint alleging unequal treatment and failures to address concerns in the program. Days later, the university placed her on paid administrative leave. She says an administrator barred her from entering the gym on Nov. 2, about 90 minutes before a home match, collected her identification and keys, and prevented her from retrieving belongings from her office.
A suspension letter cited a complaint against Batie-Smoose dated Oct. 24, five days before her Title IX filing. The listed allegations included differential treatment, sharing confidential student information, drinking with athletes during team travel, unprofessional conduct, inappropriate language and refusing to coach. Batie-Smoose disputes the accusations. She says the information she discussed came from public sources or her observations, acknowledges having a drink in an airport lounge while adult players were present but denies buying their drinks or encouraging them to drink, and denies directing inappropriate language at players or refusing to coach. She also alleges another male coach drank at the lounge without comparable consequences.
On Jan. 31, 2025, athletics director Jeff Konya informed Batie-Smoose that her temporary appointment would not be renewed. The letter was issued on behalf of university President Cynthia Teniente-Matson. Batie-Smoose is seeking reinstatement or a comparable job, back pay, other damages, correction of personnel records, legal fees and a jury trial. The complaint does not specify a total damages amount. She was appointed head volleyball coach at Cisco College in April, according to the supplied report.
San Jose State said it could not comment because of pending litigation. A CSU spokesperson said the system had learned of the lawsuit the previous day and was reviewing the claims. The system has disputed the broader allegations in related litigation and says an investigation found Batie-Smoose discriminated against Fleming based on sex and gender identity. Batie-Smoose disputes that finding and denies refusing to coach an athlete.
The dispute sits within wider litigation involving the university system and federal officials. A Jan. 28, 2026, Education Department civil rights findings letter concerning San Jose State, attached to the new complaint, concluded that the university violated Title IX in matters involving athletic participation, sex-separated facilities and responses to discrimination complaints. On employment and scholarships, the letter raised compliance concerns while noting gaps in available records. It also questioned why the school suspended Batie-Smoose but not Kress, and cited internal records indicating officials worried that suspending Kress could draw additional media attention and disrupt the team.
CSU challenges the federal findings. In a March lawsuit against the Education Department, it argued the coaches were not similarly situated, that Batie-Smoose disclosed protected information, and that an investigation did not find sufficient evidence that Kress retaliated against former player Brooke Slusser. The system also disputes the federal inquiry’s procedures and conclusions. The supplied account says a March 31 court order protected against funding disruption tied to the challenged findings.
The legal and policy context has shifted since the 2022–24 seasons at issue. The NCAA changed its women’s sports participation policy on Feb. 6, 2025, after President Donald Trump issued an executive order the prior day. In June 2026, the Supreme Court upheld restrictions in West Virginia and Idaho allowing schools to reserve female teams based on biological sex, while leaving unresolved whether schools may permit transgender women and girls to participate on female teams. Those decisions and disputes form part of the broader backdrop, but do not resolve the claims in Batie-Smoose’s new lawsuit.
