Could very well be a conservative legal interpretation,
but BYU is also notoriously risk averse. Admin is also not chomping at the bit to push a more aggressive legal theory for this issue.
Also not saying Title IX is a problem in any way,
just that in this situation it is a limiting factor . There will always be some externalities to administering as broad and at the time radical legal scheme as Title IX. And it has without question done a ton of good.