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Former SJSU volleyball player speaks out about lawsuit against the school following transgender controversy

Former SJSU volleyball player speaks out about lawsuit against the school following transgender controversy

Volleyball Coach Files Lawsuit After Suspension

Melissa Bati Smooth, formerly an assistant women’s volleyball coach at San Jose State University, is taking legal action following her suspension. This came just days after she filed a Title IX complaint against the university and a transgender player, Blair Fleming.

The timing of the suspension was particularly notable, as it occurred on the first weekend of November 2024, a crucial time just before the presidential election. Bati Smooth learned of her suspension just before the warm-up for a game against New Mexico.

She described the incident, stating that administrators informed her she couldn’t contact the players and took her keys. They claimed to have everything they needed from her, leaving her unable to retrieve personal items from campus.

Her lawsuit, filed against the board of trustees of the California State University system, contends that the suspension was “retaliation” for her Title IX complaint regarding Fleming. Bati Smooth’s attorney, Vernadette Broyles, expressed confidence that there is a retaliatory motive behind the university’s actions.

In her complaint, Bati Smooth accused Fleming of conspiring with other players during a match on October 3, leading to an incident where co-captain Brooke Slusser was hit in the face with the ball.

At the time, the team was under intense scrutiny, with a spotlight on Fleming, amid increasing controversy. Slusser had previously filed a complaint against the NCAA over her experiences with Fleming, claiming the school had not disclosed Fleming’s gender. She indicated that Fleming often collaborated with Slusser regarding roommate arrangements, despite having no female players in mind.

Bati Smooth supported this claim, noting, “Blair wanted a room with Brooke Slusser… that’s what Blair preferred.” The situation seemed to evolve in a complex manner, as Bati Smooth remarked on special treatment Fleming received within the team.

Despite her role, Bati Smooth said she was not informed about Fleming’s gender until she accepted the coaching position. She initially thought she would be coaching only female athletes. The restrictions placed upon her regarding discussions about Fleming with players or parents began to take a toll on her mental and physical health. She felt increasingly trapped, noting, “I was lying to my parents… it was against everything I believe.”

With the controversy intensifying amidst a high-profile election season, Bati Smooth decided it was time to speak out for female athletes. The decision to file a complaint arose from a concerning incident that had occurred during a game against Colorado, where plans to harm Slusser were allegedly discussed among Fleming and his teammates.

Following her complaint, the Mountain West Conference conducted an investigation but closed it without finding sufficient evidence to warrant further action. This decision was made shortly after the investigation commenced, raising concerns among those involved.

Bati Smooth’s attorney has pointed out potential conflicts of interest related to the investigation, highlighting the involvement of a law firm representing the Mountain West in another lawsuit. They plan to pursue this matter in court to seek compensatory damages and ensure female athletes can compete without the risks associated with trans athletes.

After her contract ended in January, Bati Smooth experienced a troubling incident at her home, leading her to relocate to Texas. She is looking to continue her coaching career, though she has encountered hurdles and believes it may stem from the controversy at SJSU.

Attempts to reach SJSU and CSU for comment have gone unanswered. Bati Smooth remains steadfast in pursuing her case and advocating for the female athletes she believes are being neglected in this situation.

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