Published on: September 29, 2026
More Likely Than Not, an ATIXA podcast, is for general information, educational, and discussion purposes only. It’s not legal advice. If you’re dealing with a specific issue, consult your institution’s general counsel or a qualified attorney familiar with Title IX and applicable state laws. Facts, policies, and jurisdiction matter.
In Episode 20 of More Likely Than Not, Kayleigh and Joe discuss a recent Title IX court decision involving allegations of sexual assault, inappropriate sexual touching, and an interesting legal wrinkle: What obligations might an institution have when the alleged harasser is not an employee, student, or formal volunteer?
At first, this seems like an athletics case. It involves a women’s basketball team and the coach’s husband, who provided physical treatment to the student-athletes despite having no official role with the university. But as Kayleigh and Joe explain, the Tenth Circuit’s ruling raises questions that reach well beyond athletics. The central question is one of control, and the opinion lays out a path for the institution’s Title IX obligations to extend to third parties outside its traditional disciplinary authority.
What could this mean for experiential learning environments like clinical placements, student teaching, internships, externships, and practicums? Why did the Tenth Circuit reject a bright-line rule for determining control, and why did “they don’t work here” not settle the Title IX jurisdiction question?
If it involves a legal wrinkle that complicates the analysis, we are more likely than not ironing it out in this week’s episode.
Additional Resources:
- Join us live: Want to be part of the first-ever live recording of More Likely Than Not? We’re taking the podcast on the road to Baltimore at the ATIXA and NABITA Joint Annual Conference.
- Psst…listen closely: This episode includes a podcast listener discount code for the Annual Conference.
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