San Jose State University (SJSU) has refused to release emails pertaining to an investigation into allegations against its volleyball coach, Todd Kress. The university cited privacy exemptions and attorney-client privilege in denying a public records request filed by Fox News Digital.
The request sought emails related to an investigation into allegations detailed in a letter sent to SJSU in October 2024. The letter, from a former player at Fairfield University, described graphic allegations against Kress from the late 1990s. SJSU attorney Laurette Hanna stated that the requested records are not disclosable under the Public Records Act, referencing exemptions for attorney-client privilege, personnel records, and general privacy rights.
Hanna's response indicated that the university conducted a reasonable search and found the records disclosable under California Government Code section 7922.535. The university's refusal to disclose the documents follows reports of a letter containing allegations that Kress "forcibly threw me on the bed" and "pulled his pants down and put his back side in my face," among other disturbing claims. The alleged incident occurred in a hotel in December 1998, following a loss in the NCAA Tournament.
Fox News Digital had specifically requested emails sent or received by former SJSU interim Title IX and Gender Equity Officer Peter Lim regarding a letter with a complaint against Kress and any subsequent investigation. The university's response stated that disclosure of these records would constitute an invasion of privacy that outweighs the public interest in disclosure.
SJSU Athletic Director Jeff Konya acknowledged receipt of the former player's correspondence on October 24, 2024, and stated it would be shared with the proper authorities for review. Subsequently, Peter Lim reached out to the former player and her attorney in November 2024 to schedule a meeting to better understand the experiences and assess potential next steps.
Following a meeting, Lim sent another email on November 7, 2024, apologizing for the player's prior experiences and stating the university was evaluating the information and determining appropriate next steps. No further correspondence between the parties has been reported.
In addition to these allegations, SJSU is currently involved in unrelated Title IX legal matters concerning a transgender athlete. The university is also in a legal battle with the U.S. Department of Education regarding its handling of that situation. Federal findings suggest the university considered potential media attention and the impact on the team when deciding not to suspend a coach, identified in the findings as "Coach 2," who SJSU's current volleyball head coach Todd Kress reasonably matches.
Former SJSU volleyball co-captain Brooke Slusser has also filed a lawsuit against SJSU and the California State University system for Title IX violations, related to the transgender athlete controversy. Slusser has publicly spoken out against Kress after reports indicated the university was aware of decades-old allegations against him during her final season in 2024.