Women’s volleyball coach files lawsuit after being fired for opposing male-on-female team 

Former San Jose State University (SJSU) women’s volleyball associate head coach Melissa Batie-Smoose has filed a lawsuit over her termination for objecting to a male competing in the female sport.

“Safety is being taken from women. Fair play is being taken away from women,” Batie-Smoose said in a statement read on FoxNews. “We need more and more people to do this fight because women’s sports as we know right now will forever be changed.”

The lawsuit accuses the Board of Trustees of the California State University (CSU) system, which includes (SJSU), of violating Title VII and Title IX, both of which forbid sexual discrimination in federally funded organizations.

“Punishing coaches for raising concerns about the fairness and integrity of women’s sports not only harms the individual advocate but also undermines the enforcement of Title IX’s mandate and has a chilling effect on those who seek to protect sex equality in collegiate athletics,” the lawsuit reads.

Batie-Smoose was hired as associate coach in March of 2024, according to the lawsuit. In January of 2023, the then-head coach of SJSU’s women’s volleyball team recruited Blaire Fleming, a man who identified as a woman, and offered him an athletic scholarship to play on the NCAA Division 1 team.

After she began her coaching position, Batie-Smoose noticed the physical and athletic differences between Fleming and the rest of the female volleyball athletes, but she was told to remain quiet about Fleming’s sex.

In April of 2024, Reddux broke the story that Fleming was competing on SJSU’s women’s volleyball team. With this publicity, Fleming and his head coach informed the rest of the team but told them not to discuss the matter.

“Female athletes were warned that discussing Fleming’s participation could be considered ‘transphobic’ and a violation of Title IX or school policy, thereby threatening their scholarships and team status,” the lawsuit reads. “These repeated warnings created an environment of fear and intimidation, causing female athletes to remain silent about their concerns.”

SJSU also allegedly told Batie-Smoose she couldn’t comment on the issue.

“The same thing that they were doing to the athletes they were doing to me – threatening to fire me,” Batie-Smoose said in an interview with FoxNews. “It really started affecting me physically, you know, the stress of that, that I was lying to parents and to everyone, and it was against everything I believe in.”

Batie-Smoose said she believed part of her role as coach was to protect the women on her team.

“I had to do a lot of prayer and a lot of meditation to know that I needed to stay in this space,” she said. “However long I can stay there to protect the females, that is my job right now.”

In addition to defending Fleming, head coach Todd Kress favored him over other players, Batie-Smoose said. Kress protected Fleming’s athletic scholarship despite his injury and allowed him to play both sand and court volleyball – a privilege no other players received.

“Fleming was routinely permitted to violate team rules without discipline, including skipping practices, failing to wear team uniforms, and leaving the team hotel without permission during away games,” the lawsuit alleges. “Female athletes were held to stricter standards and disciplined for similar conduct, while Fleming was not.”

Team co-captain Brooke Slusser filed a lawsuit against the NCAA in September 2024 for permitting a biological male to compete in women’s sports. She also began to publicly address the issue, as more Division 1 women’s volleyball teams forfeited games against SJSU.

“It’s sad that the school still chooses to prioritize one man’s needs over an entire team and be willing to get rid of half our season because of it,” Slusser said in an interview with FoxNews that fall.

Batie-Smoose said the women lost significant court time throughout two of their four collegiate seasons because SJSU allowed a male to compete on their female team.

“The people around them were not supporting them, the administration, the athletic department, the head coach were all protecting the male and pretty much gaslighting everybody involved,” Batie-Smoose said. “It was a very tough situation for all of them.”

In October 2024, Fleming and several other team members coordinated with opponents at Colorado State University to physically target Slusser, the lawsuit claims. Batie-Smoose said she observed Fleming fail to block a volley and then wink at the opposing player during a match on Oct. 3.

“Despite Todd Kress’ knowledge of these actions, no discipline was imposed on Fleming or the other athletes involved,” the lawsuit charges.

At the end of October, Batie-Smoose filed a Title IX complaint against SJSU to air her concerns about a male competing on a female team, especially regarding the safety and treatment of the female athletes.

SJSU suspended Batie-Smoose Nov. 1, informing her minutes before a home game.

“I come walking into the gym, and I was removed by an administrator and told I was not allowed to have contact with my players, nor step foot back on campus,” Batie-Smoose told Fox News Digital. “They wanted the keys and handed me paper and said everything you need to know is in there.”

Slusser said Batie-Smoose was one of the only people supporting her and her teammates throughout the conflict.

“She was that one person that everyone felt like they could voice their opinion and truly speak how they felt with the whole situation and feel comforted,” Slusser said in the interview with Fox News. “Everyone felt distraught, especially finding out minutes before a game. It was just a horrible situation.”

SJSU terminated Batie-Smoose in January, saying the action was “not related to her job performance or qualifications,” but instead because of “the contents of her personnel action file,” the lawsuit says.

Batie-Smoose’s most recent lawsuit claims violation of Title VII and Title IX protections. Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees on the basis of sex. Title IX of the Education Amendments of 1972 prohibits sex-discrimination in any education program or activity receiving federal funding.

Batie-Smoose’s first lawsuit argued allowing a man to compete on a women’s athletic team violates these provisions. The new lawsuit says her subsequent termination for these claims further violates such protections.

“This should not be a partisan issue. This should not be a political issue,” commentator Riley Gaines said in the Fox News interview with Slusser. “This is a humanitarian issue, it’s a moral issue, it’s a civil rights issue.”