Ex-SJSU Coach Files New Lawsuit Alleging Retaliation for Trump Support and Religious Objections

Former San Jose State University volleyball assistant coach Melissa Batie-Smoose has filed a new federal lawsuit alleging retaliation for her support of Donald Trump and her religious objections to a transgender athlete's participation. The lawsuit, filed Oct. 13 in the Northern District of California, names the California State University trustees and 11 university employees, including head coach Todd Kress.

Batie-Smoose's initial lawsuit, filed last October, was dismissed in September. Her amended complaint details new allegations about her treatment before her suspension and eventual dismissal from the university.

The complaint states that Kress mocked her for supporting Trump in front of players, reacted hostilely to her religious objections regarding a transgender athlete, and made her feel "physically unsafe" during interactions. Batie-Smoose claims she repeatedly told Kress that "God made man and woman" and that her beliefs prevented her from treating a male athlete as female, but alleges Kress responded with hostility and disparaged her politics. The lawsuit also claims Kress would call her a "Trump-loving" or "Trump lover" and mock her political affiliation, which she alleges he used to damage her relationship with players, exclude her from meetings, and reduce her coaching duties.

Batie-Smoose began working with Kress at Florida State in 2006 and later at Fairfield University from 2019 to 2022. When Kress moved to San Jose State, she accepted the associate head coaching position, relocating her family to California in January 2023. She previously alleged that she learned about the transgender athlete, Blaire Fleming, only after arriving in 2023.

Disagreements over Fleming's participation became intertwined with Batie-Smoose's relationship with Kress, her responsibilities, and her standing within the athletic department. The lawsuit describes a confrontation in August 2023, after a hurricane canceled a recruit's flight. When Batie-Smoose attempted to update Kress, she alleges he ignored her, then followed her into her office, closed the door, and "cornered, yelled at, and berated her," threatening her job. Batie-Smoose reported the incident to human resources and an administrator, but claims she was told Kress was her boss and received no disciplinary action.

The complaint also outlines alleged mistreatment of players. Batie-Smoose claims Kress berated one athlete so harshly for failing a running test that she experienced panic attacks, and another player was "excoriated" after a losing match. She reported these incidents, but alleges Kress faced no disciplinary action.

Additionally, the new lawsuit cites a previous accusation against Kress from a former Fairfield player who alleged a 1998 hotel-room assault. Batie-Smoose's filing notes that this former player notified SJSU in October 2024, but that Kress continued to coach without interruption, which Batie-Smoose argues supports her claim of disparate treatment.

On October 29, 2024, Batie-Smoose submitted a Title IX complaint alleging unequal treatment and failures to address concerns regarding the transgender athlete and female players. Days later, the university placed her on paid administrative leave. According to her lawsuit, she was blocked from entering the gym on November 2, required to surrender her ID and keys, and instructed to leave, unable to retrieve belongings from her office.

Her suspension letter referenced a complaint against her dated October 24, alleging differential treatment based on protected status, disclosure of confidential student information, drinking with athletes, unprofessional conduct, inappropriate language, and refusal to coach. Batie-Smoose denies improperly disclosing protected records and states the information came from public sources or personal observations. She acknowledges having a drink in an airport lounge with adult players present but denies purchasing their drinks or encouraging them to drink, noting another male coach was drinking without similar consequences.

On January 31, 2025, athletics director Jeff Konya notified Batie-Smoose that her coaching appointment would not be renewed. The previous September 4, Judge Noël Wise had dismissed Batie-Smoose's earlier complaint, finding the allegations did not plausibly connect her discipline to her sex or advocacy, but rather to a violation of confidentiality law.

San Jose State and the California State University system have declined to comment on the latest complaint, citing pending litigation. The lawsuit comes as SJSU and CSU face legal battles concerning the volleyball program, including findings from the Department of Education's Office for Civil Rights. In January 2026, the OCR issued a letter concluding the university violated Title IX in its treatment of athletic participation, facilities, and handling of discrimination complaints. The OCR also questioned why Batie-Smoose was suspended but Kress was not, despite internal records suggesting concerns about Kress sparking media attention if suspended.

CSU disputes the comparison, arguing the coaches were not similarly situated and that an investigation found insufficient evidence of retaliation by Kress. The university system sued the Department of Education in March, challenging the government's findings and procedures, and asserting it followed applicable laws and guidance during the 2022-24 seasons. A court order in March provided protections against funding disruption based on the challenged findings.

Recent legal developments include the NCAA's February 2025 policy change restricting women's teams to athletes assigned female at birth, and a June 2026 Supreme Court ruling upholding the ability of schools to reserve female teams based on biological sex. Batie-Smoose's lawsuit seeks reinstatement, back pay, punitive damages, and removal of adverse personnel records. She has since been appointed head volleyball coach at Cisco College.