10th Circuit: Reverses ENMU Title IX Deliberate Indifference Summary Judgment

• The 10th Circuit Court of Appeals reversed summary judgment for Eastern New Mexico University and its athletic director, Paul Weir, in a Title IX sexual assault case.
• Three former freshmen women's basketball players accused Glen de los Reyes, husband of their coach, of repeated sexual assaults during forced "treatments" between January and October 2022.
• The district court had initially granted summary judgment for the university, accepting its argument that it could not be liable for a non-employee's actions.
• The 10th Circuit found the university could be directly liable for "deliberate indifference" to known misconduct, even though de los Reyes was not an employee.
• The ruling emphasized that Athletic Director Weir had the practical ability to prevent the assaults by controlling de los Reyes's access and disciplining the coach, allowing the plaintiffs to proceed with their lawsuit.

The opinion underscored that ENMU's indifference to the danger its student-athletes faced did not demonstrate a lack of control over Glen; rather, this very deliberate indifference could itself be the basis for liability.

Three former freshmen on the Eastern New Mexico University (ENMU) women's basketball team have brought serious allegations of sexual assault against Glen de los Reyes, the husband of their former head coach, Meghan de los Reyes. The plaintiffs claim that their coach compelled them to undergo physical therapy "treatments" administered by her husband, which they assert led to repeated sexual assaults. These incidents reportedly occurred between January and October 2022.

Initially, Glen de los Reyes, who operated Glen's Fitness Lab and identified as a "biomechanics specialist," provided these "treatments" to athletes on the ENMU campus. This arrangement continued until January 2022, when the head athletic trainer, Danielle Torossi, voiced concerns regarding potential liability. Following Torossi's intervention, Coach Meghan de los Reyes allegedly began requiring her players to receive these sessions at her personal residence. The plaintiffs further contend that the coach would retaliate against any player who declined these sessions by reducing their playing time.

The situation escalated in spring 2022 when Torossi reportedly informed then-Athletic Director Paul Weir about a sexual assault involving a female athlete. According to the players, Weir apparently dismissed the report and failed to take any action. Later, starting in August 2022, the three freshmen plaintiffs and other team members described being forced to attend mandatory team dinners at the de los Reyes' home, after which they were individually directed into a private room with Glen de los Reyes for "treatment." During these sessions, they allege that Glen de los Reyes repeatedly touched their genitals and breasts despite their protests. In one particularly disturbing account, a plaintiff accused Coach Meghan de los Reyes of withholding her car keys until she agreed to a "treatment," during which Glen de los Reyes allegedly forced her onto her back and rubbed his genitals on her. After the plaintiffs reported these assaults in October 2022, they claim Weir met with Glen de los Reyes, who offered an explanation that the inappropriate touching was merely his method for identifying "sensory imbalances." The players assert that Weir accepted this explanation. The university eventually banned Glen from campus, but only months after the initial allegations surfaced.

The allegations culminated in a lawsuit against Eastern New Mexico University and its Athletic Director, Paul Weir, asserting violations under Title IX. In the initial proceedings, Chief U.S. Magistrate Judge Gregory B. Wormuth granted summary judgment in favor of the university and Weir on two Title IX claims. This decision, issued in March 2025, also saw the court declining jurisdiction over the plaintiffs' remaining state law claims.

A central tenet of ENMU's defense was its argument that it could not be held liable for the actions of Glen de los Reyes because he was not an employee of the university. The institution contended that, lacking an employment relationship, it therefore had no authority to discipline him, thus absolving it of responsibility for his conduct. This argument hinged on the premise that Title IX liability, particularly for sexual misconduct, typically requires a direct employment or agency relationship with the perpetrator.

However, a three-judge panel of the 10th Circuit Court of Appeals subsequently reversed the summary judgment, breathing new life into the plaintiffs' Title IX challenge. Senior U.S. Circuit Judge David M. Ebel, a Ronald Reagan appointee, authored the 25-page opinion, which clarified the scope of university sexual assault non-employee liability under Title IX. The court acknowledged that while schools are not vicariously liable for the misconduct of their agents, they can face direct liability for their "deliberate indifference" to known misconduct. This ruling is significant for Eastern New Mexico University Title IX liability.

The 10th Circuit specifically rejected the lower court's reasoning regarding the university's lack of control over Glen de los Reyes. The panel found that Athletic Director Weir was "pragmatically capable" of preventing the multiple sexual assaults that occurred between January and October 2022. Judge Ebel's opinion detailed several actions Weir could have taken: instructing coaches not to refer or transport players to Glen, banning Glen from campus (which the university eventually did, albeit belatedly), or directing female athletes, over whom the university clearly had control, to avoid contact with Glen or his home. The court emphasized that Weir also possessed the authority to instruct Coach Meghan de los Reyes to cease holding mandatory team dinners at her residence and had the power to discipline her directly. The opinion underscored that ENMU's indifference to the danger its student-athletes faced did not demonstrate a lack of control over Glen; rather, this very deliberate indifference could itself be the basis for liability. This decision in *Hoopers v Eastern New Mexico University* marks a crucial Title IX summary judgment reversal.

The 10th Circuit's decision in this case, focusing on 10th Circuit ENMU Title IX deliberate indifference, carries substantial implications for educational institutions nationwide. It clarifies that universities cannot simply disclaim responsibility for sexual misconduct perpetrated by non-employees if they maintain a degree of control over the perpetrator's access to students or the environment where the misconduct occurs. The ruling underscores that an institution's "deliberate indifference" to known risks, even from individuals not on its payroll, can trigger Title IX liability.

This judgment highlights the critical importance of institutional oversight and prompt, effective responses to reports of sexual assault, regardless of the perpetrator's employment status. The court's emphasis on the athletic director's capacity to intervene, including his power to discipline employees like Coach Meghan de los Reyes and control access to campus facilities or team activities, sets a precedent for how universities must manage interactions between students and third parties. The case reinforces that the scope of a university's responsibility under Title IX extends beyond direct employee actions to encompass situations where the institution, through its officials like Paul Weir, has the practical ability to mitigate harm but fails to do so.

This 10th Circuit ruling clarifies that universities can face Title IX liability for deliberate indifference to sexual assault by non-employees, particularly when the institution controls the perpetrator's access. Legal and compliance teams should review policies on third-party interactions and prompt response protocols for all misconduct reports, regardless of the perpetrator's employment status.

Source: Original reporting via Courthouse News Service