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EXCLUSIVE: A famed lawyer who represents female athletes, including Simone Biles, successful maltreatment cases, is nan latest professional taking purpose astatine San Jose State University (SJSU) and nan California State University (CSU) strategy for its ongoing volleyball scandal.
The attorney, John Manly, is coming guardant aft Fox News Digital reported that SJSU was informed of schematic battle allegations against existent volleyball coach Todd Kress during nan 2024 season, while nan assemblage was already nether a Title IX microscope for a national controversy involving a trans jock connected nan volleyball team.
"This is not astir trans rights... and frankly, nan trans portion of this is simply a smokescreen for nan assemblage justifying its barbaric curen and protection of female students successful nan past 20 years," Manly told Fox News Digital.
"What's happened here, and I tin show you I judge that's happened astatine San Jose State, is that nan full Title IX process has been bastardized. Instead of a process wherever it was expected to beryllium astir protecting students and athletes, it's really been astir avoiding liability for nan university...
"The schoolhouse needs a wake-up call, and frankly, caller leadership."
INSIDE THE FALLOUT OF THE SJSU VOLLEYBALL SCANDAL: ‘THIS IS AN OBVIOUS PROBLEM’
Manly served arsenic nan main ineligible counsel from 2017-21 for Biles and nan different women who were sexually abused by Larry Nassar, helping nan victims scope a $380 cardinal settlement. He besides antecedently represented SJSU female athletes successful a abstracted lawsuit of intersexual maltreatment by a trainer arsenic acold backmost arsenic 2009 to 2020.
The lawyer says he sees similarities successful nan civilization down SJSU's handling of its volleyball situation, and nan cultures down nan issues successful 2 different cases.
"As to nan culture, yes," Manly said of nan similarities to different cases he's handled. "I mean, location was a civilization astatine Michigan State wherever nan Larry Nassar lawsuit was, and I was nan lead counsel connected that, wherever this was conscionable acceptable and ignored because it benefited nan university... Same point pinch nan trainer astatine San Jose State who was convicted of national civilian authorities charges.
"When you person a civilization that doesn't worth students and frankly treats them arsenic backing devices, erstwhile it doesn't worth athletes and frankly treats them arsenic backing devices, and to use nan university's, quote, 'brand,' this is what happens."
SJSU antecedently settled pinch nan U.S. Department of Justice successful September 2021 for $1.6 cardinal to beryllium distributed to 13 female student-athletes.
The investigation recovered that nan school's erstwhile caput trainer, Scott Shaw, subjected athletes to unwelcome intersexual touching nether nan guise of aesculapian treatment, and that nan assemblage ignored complaints for much than a decade. Manly served arsenic ineligible counsel for those SJSU victims arsenic well.
Then astatine nan extremity of January this year, nan U.S. Department of Education wished nan schoolhouse violated Title IX again successful its handling of nan volleyball team. But successful March, SJSU and CSU sued nan national authorities to situation nan investigation and its findings.
SJSU and CSU are meantime being sued by 11 female players crossed nan Mountain West, including erstwhile SJSU co-captain Brooke Slusser, complete their acquisition pinch nan trans athlete. Slusser has since said that she and her different erstwhile teammates astatine SJSU were ne'er allegedly informed of nan allegations against Kress aft they were sent to nan schoolhouse successful October 2024.
Manly hopes nan caller developments and SJSU's history will person an effect successful nan courtroom connected each ineligible fronts related to nan scandal.
"I would dream that nan courts would look astatine this arsenic a civilization and say, ‘Something’s incorrect here.’ I mean, you look astatine nan coach, you look astatine nan trainer, you look astatine nan different issues astatine nan schoolhouse pinch culture, and they request to protect kids. And I dream that nan extremity consequence of that lawsuit is that happens, origin it’s surely not happening now," Manly said.
Fox News Digital has revenge 2 nationalist records requests to SJSU seeking documents related to nan allegations against Kress, but some person been rejected.
"The truth that they won't nutrient nan documents tells you a lot," Manly said.
The first petition sought nan emails betwixt nan schoolhouse and 1 of Kress' erstwhile players astatine Fairfield University that contained a missive involving allegations that Kress attacked her successful a edifice room successful 1998. SJSU denied that request, citing individual privateness exemptions.
The 2nd petition sought soul connection related to nan school's ain investigation of those allegations. SJSU rejected that request, besides citing individual privateness exemptions, arsenic good arsenic attorney-client privilege.
Both responses from SJSU besides stated, "Disclosure of these records would truthful represent an penetration of privateness that outweighs nan nationalist liking successful disclosure."
As a lawyer, Manly disagrees pinch that response, considering nan stakes.
"It's wholly bogus. There's a full litany of California cases that says nan information of, of others and nan information of, uh, and, you know, group fundamentally knowing that somebody's vulnerable outweighs that. The, if there's a privateness interest, you simply redact nan sanction of nan victim," Manly said.
Fox News Digital was fixed copies of emails exchanged betwixt SJSU and nan erstwhile Fairfield player, from an independently verified source. Fox News Digital has independently verified she played astatine Fairfield nether Kress successful nan 1998 season, but is not disclosing her name.
SJSU DIDN'T PENALIZE VOLLEYBALL COACH DURING TRANS SCANDAL AMID TITLE IX COMPLAINTS, FEDERAL FINDINGS ALLEGE
Head coach Todd Kress of nan San Jose State Spartans looks connected during nan 2nd group against nan Air Force Falcons astatine Falcon Court astatine East Gym connected Oct. 19, 2024, successful Colorado Springs, Colorado. (Photo by (Andrew Wevers/Getty Images)
The original missive was written by a female that played for Kress astatine Fairfield University successful nan precocious '90s, and sent to SJSU connected Oct. 24, 2024.
That first email she sent to SJSU contained nan missive pinch nan written allegations against Kress, that was primitively sent to Fairfield University. The alleged incident occurred successful a edifice aft Fairfield’s nonaccomplishment to Clemson successful nan first information of the 1998 NCAA Tournament in December of that year. She wrote that a teammate asked her to bring her a garment to Kress’ room.
"I told her I wanted nary portion of his insanity. I was distraught astir nan nonaccomplishment and wasn’t willing successful his drunken insanity, which was commonplace connected trips."
The erstwhile subordinate added that her teammate "promised Todd would not propulsion h2o astatine maine aliases do thing juvenile truthful I reluctantly agreed to bring her nan shirt."
"I knocked connected nan doorway and Todd answered. He instantly took caramel from a integrative instrumentality and smeared it each complete my look and hair. He past forcibly threw maine connected nan furniture and held maine down. I was successful shock. He fto spell of maine and past pulled his pants down and put his backmost broadside successful my face.
"Astonished... that is nan only connection I tin deliberation of to picture really I felt successful that moment... Todd was drunk. I sewage up and went for nan door.
"Todd again grabbed me, picked maine up, and threw maine into nan bathtub wherever he held maine down and threatened to move connected nan ablution pinch maine laying location to ‘clean nan caramel disconnected of my face.’ At this constituent I was fighting backmost to get distant from him.
"Todd fto maine get retired of nan tub, laughing, and past he stood successful beforehand of nan doorway blocking my exit. Todd told maine he would only fto maine time off if I took a changeable of liquor, which I did only to get him to move distant from nan door. Once he did, I ran for it. He chased me. I sewage into my room and though he seemed to beryllium successful a rage, he turned and calmly walked out," nan missive alleged.
SJSU Athletic Director Jeff Konya responded to nan erstwhile Fairfield subordinate successful an email connected nan aforesaid time nan missive was sent.
"I want to admit that I americium successful receipt of your correspondence and will stock it pinch nan due authorities connected nan SJSU field for further review," Konya wrote.
More than a week later, connected Nov. 4, erstwhile SJSU interim Title IX and Gender Equity Officer Peter Lim reached retired to group up a gathering pinch nan erstwhile subordinate and her attorney.
"Thank you for sharing your concerns astir Coach Todd Kress. I americium sorry to perceive astir your experiences. I person reviewed your missive and would for illustration to meet pinch you to amended understand your experiences pinch Coach Kress. The intent of nan gathering would beryllium to thief maine measure imaginable adjacent steps, which whitethorn aliases whitethorn not see an investigation into nan reported conduct," Lim wrote.
Three days aft that, connected Nov. 7, Lim sent different email to nan erstwhile Fairfield player, thanking her and her lawyer for gathering pinch them.
"I americium truthful sorry astir your anterior experiences pinch Todd Kress astatine Fairfield University. I admit nan clip you took to picture those experiences, nan effect those experiences proceed to person connected you, and nan information threat that you judge he presents to SJSU’s volleyball team," Lim wrote.
"We are evaluating nan accusation you provided and determining due adjacent steps. If it is okay pinch nan 2 of you, I would admit staying successful touch."
There was nary further correspondence betwixt nan 2 parties aft that exchange, Fox News Digital has learned.
Manly said nan deficiency of visible follow-up reflects what he believes is simply a broader flaw successful really universities grip allegations that could expose them to liability.
"These complaints extremity up astatine nan wide counsel’s agency and die. And nan logic for that is very simple. Lawyers seldom find their ain clients guilty," Manly said.
"The connection it sends is, ‘We’re going to support nan coach because he wins, and we don’t want to look bad.’ That’s not nan measurement it’s expected to work... This isn’t conscionable astir a trans athlete. This is about, successful my view, a problematic civilization astatine San Jose State that allowed this to occur. This is not nan only group of women who’ve been mistreated and not listened to. It’s a litany of them."
Manly hopes to spot nan legislature, either authorities aliases federal, rumor subpoenas for what has transpired.
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"The legislature could lawsuit these people, and they should," he said.
"I would dream that nan committee members of nan Cal State University strategy who are appointed by nan governor, nan Senate and nan Assembly would really attraction connected this and clasp a proceeding connected it and say, ‘How did we extremity up hiring this guy?’"
Jackson Thompson is simply a sports newsman for Fox News Digital covering captious governmental and taste issues successful sports, pinch an investigative lens. Jackson's reporting has been cited successful national authorities actions related to nan enforcement of Title IX, and successful bequest media outlets including The New York Times, The Los Angeles Times, The Philadelphia Inquirer, The Associated Press and ESPN.com.
