Former SJSU Volleyball Coach Files New Lawsuit Alleging Retaliation for Trump Support and Religion Amid Transgender Scandal

Federal lawsuit by Melissa Batey Osmose claims Todd Kress mocked her Trump support and religious beliefs before being removed from SJSU duties.

SJSU Trans Activists Meet Before Decision To Sue Admin Trump Over Volleyball Scandal

Days before SJSU decided to sue the federal government to challenge the federal Title IX investigation into its volleyball scandal, trans activists held a meeting where they lambasted administrators and called on the school to defy Principal Trump.

EXCLUSIVE: A former San Jose State University assistant volleyball coach has filed a new lawsuit over his alleged conduct during and before the school's scandal involving transgender athlete Blair Fleming and female teammate Brooke Slosser. Melissa Baty Smoz filed an initial complaint last October, but it was dismissed in September.

But he's not backing down and is now making new claims about what happened before he was suspended and finally let go.

Her new lawsuit alleges that SJSU volleyball head coach Todd Kress mocked her in front of players for supporting Donald Trump, reacted with hostility to her religious objections to the company of a transgender athlete and made her feel "physically unsafe" during some interactions.

The complaint alleges that he repeatedly told Kress, "in essence," that "God created male and female" and that his beliefs prevented him from treating a male athlete as a woman. He claims that Cress responded with hostility to these ideas and disparaged his politics.

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"Same to Kers, berate him during practice in front of the athletes and call him a 'Trump lover' or a 'Trump lover' and make fun of his political affiliation."

Elsewhere, the filing alleges Kress knew he was a Republican who voted for Trump and used that statement to damage his relationship with players, barring him from meetings and reducing coaching duties.

The relationship at the center of the new lawsuit began long before the controversy.

Butty-Smoz says he worked with Kress at Florida State in 2006 and again at Fairfield University from 2019 to 2022. When Kress transferred to San Jose State, he accepted an assistant coaching position and moved his family from Connecticut to California in January 2023.

Batie-Smoose previously claimed that she only realized Fleming was transgender after arriving in 2023.

Over the next two seasons, Batty-Smoz says, disputes over Fleming's involvement were intertwined with his relationship with Cress, his responsibilities on the field and his place in the athletic department.

One of the alleged encounters described in the complaint began with a canceled recruiting visit.

Around August 2023, a storm disrupted a soldier's flight. Batie-Smoose says that when he returned to the stadium from the airport to update Kress, he ignored his greeting twice. She claims that after commenting on his behavior, he followed her into her office and closed the door.

He "cornered her, yelled at her and berated her" and told her she could fire him, the complaint says.

She says she reported the incident to athletics human resources and the manager who oversaw the program, but “in response, the complainant was told that Cress was her boss and that she should listen to him. Kress received no disciplinary action for his conduct toward the complainant.

The case also describes alleged conflicts involving players. OutKick does not reveal the names of the players.

The lawsuit alleges that Kress berated an athlete so severely that he suffered panic attacks after failing a running test. The complainant reported this misbehavior to Iskandar. Based on information and belief, Kress was not disciplined.

The report describes another alleged incident in which a player was "criticized by Cress in front of the team for being several minutes late in the locker room after a losing game." The brutality of his interaction caused both the complainant and [the player] to inform Alexander about the incident. Based on information and belief, Kress was not disciplined.

The new complaint also separately mentions an older allegation against Kress.

Batie-Smoose's lawsuit alleges that the former player notified SJSU in October 2024 and an official confirmed his stated safety concern. He argues that the university's handling of that report supports his claim of disparate treatment.

"Plaintiff is further informed and believes that, based on public reports, Defendant took no further action following this correspondence and Kress continued to coach and travel with the SJSU women's volleyball team without interruption or restriction." "Plaintiff asserts that Defendant's handling of this report is consistent with and confirms a pattern of conduct different from that of Plaintiff alleged throughout this complaint."

On October 29, 2024, Batie-Smoose filed a Title IX complaint alleging unequal treatment and a failure to address concerns within the program about a transgender athlete and female players on that year's team. A few days later, the university placed him on paid administrative leave.

According to his new lawsuit, his punishment came on Nov. 2, about 90 minutes before a home game: A university administrator stopped him from entering the stadium, required him to hand over his identification and keys and ordered him to leave. He claims that he could not retrieve his belongings from his office. This file includes the attachment of his suspension letter.

The letter cited a complaint against Batie-Smoose dated Oct. 24 — five days before her own Title IX filing. The allegations included disparate treatment based on protected status, disclosure of confidential student information, drinking alcohol with athletes during a team trip, unprofessional or disobedient behavior, inappropriate language, and failing or refusing to coach athletes.

A letter banning campus access and contact with student-athletes and restrictions on discussing the investigation, except for legal counsel and a union representative.

Batie-Smoose claims the university used the allegations as a pretext and enforced its rules differently against her than it did against Kress.

He denies improperly disclosing protected educational records, saying the information he spoke about came from public sources or personal observations.

Batie-Smoose admitted to drinking in the airport lounge while the adult players were present, but says he neither bought their drinks nor encouraged them to drink. He claims another male coach was drinking there without facing the same consequences.

He also denies speaking inappropriately to players or refusing to coach an athlete he was responsible for.

On January 31, 2025, athletics director Jeff Cunha was notified by letter from president Cynthia Teniente-Matson that his interim coaching appointment would not be renewed.

The latest Batie-Smoose lawsuit, filed Oct. 13 in the Northern District of California, names Cal State University trustees and 11 university employees, including Kress, after a legal setback in September.

On September 4, Judge Noel Wise dismissed Batie-Smoose's previously amended complaint, which asserted discrimination and retaliation under Title VII and Title IX.

Wise found that the allegations were not plausibly related to the suspension or non-renewal of Batie-Smoose's sexual relationship or protected support. In this order, it was emphasized on the complaint report that the university took action after disclosing the student's information in the media despite the orders to keep them confidential.

"Plaintiff's complaint alleges that she was disciplined for violating the Privacy Act, not for opposing gender discrimination," Wise wrote. The ruling allowed for 21 days to amend, so now Batie-Smoose and her lawyers have stepped up their fight with a slew of new charges.

SJSU and CSU have declined to respond to Batie-Smoose's latest complaint.

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"Due to the pending lawsuit, San Jose State is unable to comment," an SJSU spokesperson told OutKick.

A CSU spokesperson responded, writing: "CSU is not commenting at this time. We learned of the complaint yesterday and are still investigating the allegations."