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RETALIATION: SJSU Suspended INDEFINITELY Assistant Volleyball Coach Who Filed Title IX Complaint

Are we the baddies meme

The other day, we told you about the assistant volleyball coach from San Jose State University (SJSU), Melissa Batie-Smoose, who filed a Title IX complaint against the school. The complaint detailed a terrible environment caused by Blaire Fleming, a man on the women's team because he identifies as woman.

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Several other women's volleyball teams have forfeited matches against SJSU because of Fleming's presence on the team and the fact that Fleming has spiked a volleyball into an opponent's face on more than one occasion. One of the complaints Batie-Smoose made was Fleming worked with opposing team members to intentionally spike the ball at one of his own teammates.

Now we've learned that SJSU has indefinitely suspended Batie-Smoose:

More from Outkick:

OutKick has learned that San Jose State suspended associate head volleyball coach Melissa Batie-Smoose indefinitely, effective as of Saturday. 

The SJSU players were informed prior to the team's match against New Mexico and many of the team members were emotional upon learning of the news, according to sources.

San Jose State said in a statement to OutKick: 

'The associate head coach of the San Jose State University women’s volleyball team is not with the team at this time, and we will not provide further information on this matter.'

And Outkick spoke with Batie-Smoose. This is what she said:

'We had a match today at 12 p.m. [Pacific Time] versus New Mexico. I was there at 10:15 a.m. [because] we were scheduled to take court at 10:30 for our pass and serve time,' Batie-Smoose recounted. 

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Now, this writer is not a lawyer, but this sure seems like retaliation to her, and is likely illegal.

It is time to speak up.

Yep.

The co-captain will be next.

It has to end.

It is. The school doesn't seem to care.

We all know why.

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This will lead to a big lawsuit.

Do not stay silent.

That's our default position, too.

It sure seems like it is, based on some basic research:

Employees who file Title IX complaints or are involved in a Title IX complaint as a respondent are also protected against illegal retribution. This kind of action is unfortunately all too commonplace. Unlawful retaliation against employees can take many forms, including:

  • Rescinding or withholding a promotion
  • Refusing tenure
  • Refusing a raise
  • Demotion or undesirable transfer
  • Suspension or termination
  • Harassment

For example, if you are accused of violating a Title IX provision, any action taken by administration or colleagues to derail your career during that proceeding – or after that proceeding if you are found not responsible – may be considered unlawful retaliation.

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So it seems SJSU has violated Title IX law to protect a 'trans' player after Batie-Smoose filed a complaint about the situation.

We will keep an eye on this as the story unfolds.

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