More Likely Than Not, an ATIXA podcast, is for general information, educational, and discussion purposes only. It’s not legal advice. If you are navigating a specific issue, always consult with your institution’s general counsel or a qualified attorney familiar with Title IX and applicable state laws. Your specific facts, policy, context, and, of course, state laws matter.

Winter temperatures and news headlines set the tone as Kayleigh and Joe discuss current events affecting K-12 and higher education, with a familiar sense that chaos and uncertainty may be sticking around for a few more weeks this season.

They also dig into a new Government Accountability Office (GAO) report examining the financial impact of the Department of Education’s efforts to reduce staffing at the Office for Civil Rights (OCR), along with recent developments in DEI program litigation and the Trump administration’s ongoing, high-profile conflict with Harvard University.

Kayleigh and Joe break down two recent appellate court decisions with potential implications for practitioners, including a First Circuit case examining what constitutes “actual knowledge” under Title IX in a K-12 setting and a Fourth Circuit case addressing First Amendment and religious accommodation challenges related to pronoun and gender identity policies in schools.

On Overheard on the Listserv, they discuss the risks and requirements of practitioners possessing explicit material, particularly when minors may be involved, and practical ways to manage evidence while minimizing exposure and unintended consequences, including the use of written descriptions and tightly controlled access.

If you’ve ever read a listserv question and thought, “I really hope this never happens to me,” we’re more likely than not covering it in this week’s episode.

More Likely Than Not, an ATIXA podcast, is for general information, educational, and discussion purposes only. It’s not legal advice. If you are navigating a specific issue, always consult with your institution’s general counsel or a qualified attorney familiar with Title IX and applicable state laws. Your specific facts, policy, context, and, of course, state laws matter.

In this episode of More Likely Than Not, hosts Kayleigh and Joe break down recent U.S. Supreme Court oral arguments in Little v. Hecox and West Virginia v. B.P.J., two cases challenging state laws that restrict transgender girls from participating in girls’ and women’s athletics across both higher education and K-12 settings.

TNG Consulting colleagues Kim Pacelli, J.D., M.Ed., and Dan Fotoples, J.D., M.A., join the team to talk through the high-level legal questions at the center of both cases, including an Equal Protection Clause analysis and the “what level of scrutiny applies” debate. For B.P.J., they also explore the additional question of how Title IX athletics regulations may factor into the Court’s approach.

Oral arguments generate headlines, speculation, and anxiety, but they rarely provide reliable answers about what the Court will ultimately do. The attorneys and even several justices appear to be signaling interest in a narrow ruling, and the safest move for practitioners is to stay steady, stay informed, and avoid reacting to guesses disguised as certainty.

If you’re looking for clarity while waiting for the Court’s decision, we’re more likely than not covering it in this week’s episode.

More Likely Than Not, an ATIXA podcast, is for general information, educational, and discussion purposes only. It’s not legal advice. If you are navigating a specific issue, always consult with your institution’s general counsel or a qualified attorney familiar with Title IX and applicable state laws. Your specific facts, policy, context, and, of course, state laws matter.

In the first episode of 2026, More Likely Than Not returns with a candid look at the familiar chaos facing compliance professionals. Kayleigh and Joe set the tone for a year where adaptability, judgment, and institutional awareness are expected to be essential to maintaining a steady compliance program.

They start by digging into early indicators of federal enforcement priorities. Recent comments from U.S. Department of Education Secretary Linda McMahon signal a potential pivot from higher education to elementary and secondary education, which could reshape how institutions across sectors approach risk.

Kayleigh and Joe emphasize that Title VI compliance and infrastructure remain key priorities. They discuss proposed federal legislation from U.S. Representative Jerry Nadler and others that would require a Title VI coordinator on every college campus, and a recent California case addressing whether schools can restrict teachers from informing parents when a student is transgender.

The hosts offer three New Year’s resolutions for practitioners: spend 30 minutes daily on the ATIXA Listserv, build relationships with key school stakeholders, and reread the 2020 Title IX regulations and preamble to reconnect with their guiding principles.

If you’re trying to stay grounded while enforcement priorities and legal signals shift, then we’re more likely than not covering it in this week’s episode.

In this year-end episode, Kayleigh and Joe welcome TNG Partner and ATIXA President Saundra K. Schuster, J.D., M.S., whose decades of expertise have shaped the Title IX field’s approach to pregnancy protections. Together, they visit the ghost of regulations past, examining the original 1975 Title IX framework and its foundational protections for pregnant students.

Saundra discusses why institutions should continue to offer modifications and support for pregnant and parenting students, sharing best practices from the now-rescinded 2024 rule. She explains how pregnancy-related needs differ from disability accommodations and why she doesn’t expect significant federal changes soon. Even so, Saundra notes a major update from the U.S. Department of Housing and Urban Development (HUD) regarding support animals in shared living spaces.

If you are wondering what compliance looks like in 2026, we are more likely than not covering it in this week’s episode.

This podcast is for informational and educational purposes only. It's not legal advice and shouldn't be relied on as such. If you're navigating a specific issue, always consult with your institution's general counsel or a qualified attorney familiar with Title IX and applicable state laws.

This week on More Likely Than Not, Kayleigh and Joe explore the ripple effects of the federal government shutdown. At the Office for Civil Rights (OCR), investigations are paused, updates to resolution agreements have stalled, and technical assistance is all but nonexistent. Title IX practitioners are left navigating compliance in the dark, literally, after OCR’s website went offline for nearly a day.

During Overheard on the Listserv, they address a member’s question about ATIXA’s One Policy, Two Procedures (1P2P) model. They explain why 1P2P includes two additional appeal grounds beyond the three required by Title IX regulations and how these additions set a best-practice standard.

If you’re wondering whether you imagined a third Title IX vacatur, it’s real, and we’re more likely than not covering it in this week’s episode.

This week on More Likely Than Not, Kayleigh and Joe welcome colleague W. Scott Lewis, J.D., Managing Partner at TNG and Chair of the NABITA Advisory Board. They discuss how Title IX compliance and equity are moving targets, with Little v. Hecox and BPJ v. West Virginia poised to shape national policy on transgender athletes.

They also explore whether esports should fall under Title IX, and the complexities of harassment in male-dominated online spaces. Scott and the hosts discuss the debate over equitable NIL payments for male and female athletes, raising important questions about balancing market-based compensation with Title IX’s equity standards that could affect scholarships, travel, and resources. The conversation also touches on the potential for emerging sports like competitive cheer and dance to be recognized under Title IX.

If you’re wondering how pending court decisions will impact athletic programs or how to ensure policy and training compliance, we’re more likely than not covering it in this week’s episode.

Before listeners download Part 2 of this series, we want to offer a content warning. This discussion centers on antisemitism and related issues of discrimination, bias, and hate speech. Some of the examples and language referenced may be difficult to hear. Our intention in sharing this conversation is educational, to provide context, raise awareness, and help Title VI practitioners navigate these complex challenges. Please listen with care, and know that some listeners may prefer to step away or skip this episode if the subject matter feels too heavy.

This week on More Likely Than Not, Kayleigh and Joe continue their discussion with Brett A. Sokolow, J.D., ATIXA founder and TNG chair, for part two of a series on antisemitism in education. Brett offers compliance guidance and best practices under Title VI, from policy development to nondiscrimination response. Together, they explore how schools can distinguish between protected speech and discriminatory conduct, discussing denial of access and the value of proactive communication with protest organizers.

If you’re wondering about policy and procedure best practices for addressing various phobias and “isms” in schools, we’re more likely than not covering it in this week’s episode.

Before listeners download Part 1 of this series, we want to offer a content warning. This discussion centers on antisemitism and related issues of discrimination, bias, and hate speech. Some of the examples and language referenced may be difficult to hear. Our intention in sharing this conversation is educational, to provide context, raise awareness, and help Title VI practitioners navigate these complex challenges. Please listen with care, and know that some listeners may prefer to step away or skip this episode if the subject matter feels too heavy.

This week on More Likely Than Not, Kayleigh and Joe sit down with Brett A. Sokolow, J.D., ATIXA founder and TNG chair, for the first of a two-part series on antisemitism in education. They explore why it’s so difficult to define, how federal politics put schools on the spot, and what’s at stake as campuses and K-12 institutions face rising tensions. From the IHRA definition to ATIXA’s model policies, they ask whether definitions should serve as guiding principles or enforceable standards.

Brett shares personal stories of antisemitism in his own life, and the conversation explores the tension of being perceived as both privileged and marginalized. This discussion examines the fine line between protected speech and discriminatory conduct, and the near-impossible federal expectation that schools “eradicate” antisemitism.

If you’re wondering what schools can realistically do to address antisemitism, we’re more likely than not covering it in this week’s episode.

Relevant News:

Bondi faces criticism for saying DOJ will 'target' anyone who engages in 'hate speech'

ATIXA’s Title VI Consulting Resources: Navigating Sectarian and Racial Tensions

This week on More Likely Than Not, Kayleigh and Joe unpack recent cases testing how schools handle harassment, including a Fourth Circuit ruling that emphasizes the need for remedies to be “reasonably calculated” to stop misconduct. They ask: What might have changed if Title IX coordinators had been involved?

They also examine a University of Pennsylvania law professor’s unsuccessful free speech lawsuit and OCR’s findings against Denver Public Schools over all-gender restrooms, raising questions about federal authority, local pushback, and the future of directed investigations.

In Overheard on the Listserv, they address a critical question: Where should Title IX coordinators sit within an institution? From legal counsel to HR to student affairs, they weigh the trade-offs and stress why independence and trust matter most.

If you’re wondering how federal rulings, institutional politics, and reporting structures intersect in Title IX, we’re more likely than not covering it in this week’s episode.

Hosts Kayleigh Baker, J.D., and Joe Vincent, M.L.S., sit down with Beth Gellman-Beer, J.D., former Regional Director at the U.S. Department of Education’s Office for Civil Rights (OCR). Gellman-Beer offers a rare glimpse into how OCR transformed from a low-profile administrative office to a highly visible, politically charged agency after the 2011 Dear Colleague Letter.

Hear why recent high-profile OCR investigations involving schools like Harvard, Columbia, and George Mason may not be as unusual as they seem, and explore how modern political dynamics are shifting OCR’s focus from expanding rights to restricting them, leaving schools uncertain of their legal obligations and students bearing the consequences.

If you’re curious whether OCR can ever be more of a guide than an adversary, we’re more likely than not covering it in this week’s episode.