Quick summary
SJSU public records denial came after Fox News Digital sought emails and related correspondence tied to an Oct. 24, 2024 letter alleging misconduct by volleyball coach Todd Kress. The university says attorney-client privilege and state privacy exemptions prevent disclosure of the requested records.
SJSU public records denial
San Jose State University formally refused to produce emails and related documents sought by Fox News Digital connected to a letter the outlet says it received from a former Fairfield University player. University counsel told the requester that the materials are not disclosable under California public records law because they implicate privileged legal communications and privacy interests.
SJSU public records denial: legal grounds
SJSU’s response, signed by campus counsel, said the university conducted a reasonable search but concluded key communications are exempt from disclosure. The university pointed to attorney-client privilege and the attorney work-product doctrine as primary bases for withholding documents. It also invoked privacy and personnel-record exemptions under California public records rules, saying disclosure would unduly invade individual privacy and that the public interest in release does not outweigh those harms.
Those categories are standard defenses in Public Records Act disputes: privilege protects confidential communications between a client and counsel, work-product shields certain materials prepared for litigation, and privacy exemptions can bar release of personnel or sensitive third-party information. When exemptions are claimed, courts weigh the asserted privacy or privilege against public interest in transparency.
Allegations described in the correspondence (as alleged)
Fox News Digital reported it obtained a letter sent to SJSU on Oct. 24, 2024, from a woman who played for Kress at Fairfield in 1998. The outlet says the letter includes graphic allegations that it attributes to the author. The university has not publicly adjudicated those claims.
As described by the letter and reported by Fox News Digital, the author said she was “prevented from leaving” and was “held down” during an incident in December 1998. The letter reportedly describes being threatened and physically restrained; these phrases are taken from the correspondence as conveyed by the outlet and are presented here as allegations, not proven facts.
Fox News Digital confirmed the sender’s past roster information with independent verification but is not publishing her name. SJSU has not issued a detailed public statement addressing the underlying allegations as of this report.
Key timeline of records and contacts
- Dec. 1998 — The alleged incident referenced in the Oct. 24 letter is reported to have occurred following Fairfield’s NCAA Tournament game that month. (This date is from the letter as reported.)
- Oct. 24, 2024 — The letter from the former Fairfield player was sent to SJSU; Athletic Director Jeff Konya acknowledged receipt that day and said he would share the correspondence with appropriate campus authorities, according to reporting.
- Nov. 4, 2024 — Then-interim Title IX and Gender Equity Officer Peter Lim arranged to meet with the former player and her attorney to discuss the contents of the letter and possible next steps.
- Nov. 7, 2024 — Lim followed up in writing, thanking the former player and her attorney for meeting and saying the university would evaluate the information and keep in touch.
- Date of records request — Fox News Digital filed a public records request seeking emails and related documents; SJSU later denied that request citing privilege and privacy exemptions.
Context: Title IX dispute and wider implications
The records denial arrives amid broader legal and administrative disputes involving San Jose State and the California State University system. Separately, the U.S. Department of Education issued Title IX-related findings in a high-profile matter that prompted litigation between CSU/SJSU and the ED; those proceedings and the public records dispute exist on parallel tracks.
Materials from the ED’s review, as reported, discussed institutional deliberations and potential media impacts when considering disciplinary actions. Fox News Digital has suggested that one figure referenced in ED documents corresponds to the coach named in its reporting; that identification is an outlet inference and not a formal naming by the Department of Education.
Taken together, the records fight and the Title IX litigation have raised questions about campus transparency, institutional accountability and how privacy protections intersect with public interest in safety and oversight.
What comes next
When a public agency withholds records in California, requesters may pursue administrative remedies or seek judicial review. A requester can file a petition in superior court under the California Public Records Act to challenge a denial; the court will evaluate whether claimed privileges and exemptions were properly applied and whether disclosure is warranted by public interest.
Fox News Digital has recontacted SJSU administrators, Coach Kress, Peter Lim and university counsel for comment; the outlet reported it had not received substantive responses by publication. If the requester files for court review, filings and any rulings would provide a clearer legal record of the exemptions asserted and the court’s reasoning.
For readers following the dispute: expect potential legal filings, statements from involved parties if they choose to comment, and ongoing reporting as records are contested or released.
Source attribution
Reporting in this article is based on Fox News Digital’s coverage of the records request and the Oct. 24, 2024 letter. See Fox News Digital’s story for the original reporting: Fox News – SJSU refuses to provide public records. For background on California public records rules, see the California Attorney General’s open government resources: California AG — Open Government.
