Elle Patterson didn’t expect to end up at San Jose State, especially not while being part of a federal Title IX investigation.
Initially, she had committed to Fairfield on a full volleyball scholarship. However, when she found out that the coach who recruited her, Todd Kress, was moving to San Jose State University, her plans shifted. Patterson was already searching for a new opportunity after the coach’s departure, so Kress reached out, and she opted for Fairfield first.
“I called Todd and he said, ‘Yeah, it’s going to be a full ride again,’” Patterson recounted, which influenced her decision to follow Kress to San Jose.
Being an out-of-state student, Patterson was wary about high tuition costs and wanted assurances regarding her scholarship. She claims she was told she’d get a full ride after her first year. Yet, she alleges her family ended up covering her entire first year out of pocket while she sat behind a transgender athlete during that season.
Supporting three siblings, her family hadn’t anticipated such a financial strain, but they believed that the scholarship would start for her second year. Patterson states Kress indicated to her, “We won’t cover your first year, but we will cover your last three.” Initially, her family agreed, but she later found herself not receiving the promised scholarship during her subsequent years.
As a true freshman in 2023, Patterson transitioned into a non-scholarship backup, sharing time with a junior, Blair Fleming, while recovering from an injury. Unbeknownst to her at the time, Patterson did not realize that Fleming was transgender, having changed clothes near her multiple times. “I felt pretty betrayed,” she expressed. “Especially since I was in the same position as the men on my team.”
As Patterson continued to compete under Kress at SJSU, she started to feel that he didn’t align with the supportive coach she expected from her recruitment experience. “He didn’t seem like the type of coach that would have scouted me,” she reflected, noting that his handling of situations was demoralizing.
According to findings from the Department of Education regarding SJSU’s Title IX investigations in 2025 and 2026, Patterson was allegedly “unreasonably denied” a scholarship. SJSU has since challenged the Department’s investigation. The findings named Patterson as “Student 2,” Kress as “Coach 2,” and Fleming as “Student 1.”
Patterson recalls the moment she was told she wouldn’t receive her scholarship: “They said they weren’t going to give me a scholarship anymore,” which was justified by her injury. Ironically, during that season, Fleming also faced an injury yet was allowed to retain her scholarship despite having played fewer games than Patterson.
The findings highlighted this inconsistency, stating that Patterson unfairly lost her volleyball scholarship while Fleming did not. It noted SJSU’s failure to provide necessary information requested by the Department of Education for a thorough investigation.
Despite the challenges, Patterson shared good moments with Fleming, recalling her friendly demeanor and how she enjoyed her initial experiences on campus. She described their team dynamic in the summer of 2023 and some social interactions. Yet as the season progressed, she felt a competitive and unfamiliar pressure, especially during a preseason game when spectators made remarks about her and her teammates.
Eventually, she learned of Fleming’s transgender status from other players, which left her feeling conflicted. “I thought, ‘Oh my god, I’ve been changing my clothes in front of men for the last two months,’” she said. Still, she continued as a backup player while her family maintained financial support for her.
After receiving news about the lost scholarship, Patterson made the quick decision to transfer. Now back in her hometown of Indiana, she plays at Division I Indiana University (Indianapolis), where she has been a starter since 2024 and looks forward to her senior season. Recently, she spoke at an event where Indiana’s governor signed a bill banning transgender athletes from women’s sports.
As they navigate their lawsuit against SJSU and the California State University System, Patterson and her fellow plaintiffs await updates related to upcoming Supreme Court rulings that will impact Title IX cases involving transgender athletes.
Efforts to reach out to SJSU and Kress for comments went unanswered.
