Former SJSU coach files new lawsuit alleging political and religious retaliation

Melissa Batie-Smoose, a former San Jose State University volleyball assistant coach, filed a new lawsuit in the Northern District of California on Oct. 13, alleging that head coach Todd Kress retaliated against her for supporting Donald Trump and expressing religious objections to transgender athlete Blaire Fleming's participation. The complaint names the California State University trustees and 11 university employees, including Kress, and seeks reinstatement, back pay, and punitive damages following the dismissal of her previous legal action.

The new filing expands on allegations from a suit filed in October 2024 that Judge Noël Wise dismissed on Sept. 4. While the earlier complaint focused on discrimination under Title VII and Title IX, the new document details specific incidents of hostility, claiming Kress mocked Batie-Smoose's political affiliation in front of players and berated her for her religious beliefs. Batie-Smoose alleges she repeatedly told Kress that her faith prevented her from treating a male athlete as female, and that he responded by excluding her from meetings and reducing her duties.

The complaint describes a confrontation in August 2023 where Batie-Smoose says Kress followed her into her office, yelled at her, and threatened to get her fired. She reported the incident to athletics human resources but states she was told Kress was her boss and that he faced no disciplinary action. The filing also cites older accusations against Kress, including a 1998 hotel-room assault reported to SJSU in October 2024, arguing that the university's handling of that report supports her claim of disparate treatment.

Batie-Smoose's employment ended after she submitted a Title IX complaint on Oct. 29, 2024. The university placed her on paid administrative leave days later, and on Nov. 2, an administrator blocked her entry to the gym and required her to surrender her keys. A suspension letter referenced a separate complaint dated Oct. 24, alleging misconduct including insubordination and inappropriate language. Batie-Smoose denies these charges, stating she did not improperly disclose protected education records and that she did not encourage athletes to drink during team travel. On Jan. 31, 2025, athletics director Jeff Konya notified her that her coaching appointment would not be renewed.

The lawsuit arrives amid broader legal conflicts involving SJSU, the California State University system, and the federal government. On Jan. 28, 2026, the Education Department's Office for Civil Rights issued a findings letter concluding that SJSU violated Title IX regarding athletic participation and the handling of discrimination complaints. The letter questioned why Batie-Smoose was suspended while Kress was not, noting internal records suggested officials worried suspending Kress could disrupt the team. CSU has sued the Education Department, arguing it followed applicable laws and NCAA rules during the 2022-24 seasons and that Batie-Smoose discriminated against Fleming.

Batie-Smoose has since taken a position as head volleyball coach at Cisco College. Her new legal action asks for compensation and the removal of adverse personnel records from her file.