Melissa Bati’s Moose, who formerly served as an assistant women’s volleyball coach at San Jose State University, has initiated legal action against the board of directors of the California State University (CSU) system. SJSU is among the 23 institutions that belong to the CSU network.
Bati-Smoose’s contract was not renewed following its expiration in February. This occurred after she was suspended in the middle of the season, prompting her to file a Title IX complaint regarding issues related to a female athlete’s program and the participation of transgender athletes.
Currently, Bati-Smoose alleges that she was wrongfully terminated, resulting in significant “lost wages, loss of professional reputation and opportunities, emotional distress, and other damages.”
The lawsuit articulates that “the defendant’s actions were intentional and/or taken recklessly, disregarding the plaintiff’s federally protected rights.”
“Other coaches who did not contest the inclusion of biological men on their women’s volleyball teams or failed to defend female athletes’ rights were not subjected to suspension, dismissal, or discrimination like the plaintiffs,” the suit continues.
A representative from San Jose State University acknowledged the lawsuit but stated that there would be no further comments as it is ongoing.
In a Title IX complaint filed last October, Bati-Smoose raised concerns regarding allegations involving trans athlete Blaire Fleming and certain actions during a game that reportedly aimed to sabotage teammate Brooke Slusser.
Slusser was previously involved in a lawsuit against the NCAA and has also filed against the Mountain West Conference. After Bati-Smoose’s suspension in early November, inquiries surfaced regarding Fleming, leading to an investigation by Shanxi.
Although the Mountain West concluded there was sufficient evidence, it came to light that Willkie Farr & Gallagher (WFG), in charge of the investigation, was also representing the Mountain West in opposing Slusser’s lawsuit.
Slusser later recounted his discussions with a teammate during the WFG inquiry, mentioning that they had conversed about scouting reports and keeping the net open—an indication he felt supported the allegations against Fleming.
WFG has since taken down an online press release from November announcing a legal win for Fleming’s eligibility, although the information can still be accessed via online archives. Fox News Digital has inquired multiple times about the removal but has yet to receive a response.
On a separate note, Bati-Smoose recalled during an October 3 match against Colorado, noticing unusual exchanges between Fleming and Slusser. She described a moment where they shared glances, suggesting a collaborative effort during a play that raised her suspicions.
Just weeks after her contract was not renewed, Bati-Smoose’s residence in Scotts Valley, California, was struck by gunfire. According to Police Captain Scott Garner, it was identified as vandalism from a pellet gun, with no injuries reported and no suspects linked to the incident.
Bati-Smoose noted that she had previously faced aggressive messages related to her stance on Fleming and encountered confrontations in her community regarding her views on women’s sports.
As investigations continue, SJSU is actively looking into the matters surrounding Fleming and Slusser’s situations.
