The whole "didn't implement Title IX" thing is a complete farce, as is the hiring of PH. The DOJ has opined that the institution has the duty of protecting women from discrimination in education on the basis of sex. To that end, they have the duty to provide a student who has experienced such discrimination (somehow by virtue of sexual assault, domestic violence, harassment, etc.) on their campus with accommodation to mitigate that discrimination, and to determine whether another student, faculty, staff or affiliate is responsible for the discrimination (so as to create further accommodation for the victim).
How they choose to do this is not law. The OCR guidance in the "Dear Colleague Letter" is nothing more than a suggested algorithm, or road map if you will, for ONE way that they think can be used to reach the end result. A school can implement any program or course of action that they see fit, as long as the end result is that the victim receives that accommodation, if a discrimination has been shown to have occurred. All that is required of the institution is that they do SOMETHING, that they implement SOMETHING that will provide that accommodation and protection.
Asking a law firm to investigate the school's adherence to Title IX, is not about who is required to report, or how many investigators does the school have, or even whether the school's code of conduct discourages reporting. The school can use any roadmap it chooses, as long as it fulfills the purpose of Title IX. Baylor's problem was that during much of this time, they didn't have a roadmap at all, and any policies that they did have were not reasonably conveyed to its employees. They did not have a policy that said, "if you hear of some story that some student may have been sexually assaulted, even if it comes to you from people that should have already reported it, you are required to contact X and report what you heard." And, they are not required to have such a policy either.
Title IX simply says that you cannot discriminate in education on the basis of sex. It does not say how you have to implement programs to avoid that discrimination. PH's charge should have simply been to determine whether Baylor did enough to determine whether students had been discriminated against, and if so, were they offering reasonable accommodation to mitigate that discrimination. And if they determined that Baylor had failed in that regard, recommend protocols and procedures to meet that burden. Instead what Baylor sought and got was a sordid, one-sided expose of its football program, spiced with innuendo totally unrelated to Title IX, including cases related to university rules that didn't even involve women or were interactions with non-students. It was a ruse, and everybody fell for it; the media, the alumni, the public, even a lot of regents.