Joe and Kayleigh break down three recent court decisions shaping education and civil rights compliance: a Title VII case testing the Supreme Court’s stricter “substantial hardship” standard, a Seventh Circuit decision that a single sexual assault incident meets the “SPOO” criteria (severe, pervasive, and objectively offensive), and a ruling against a university that cut women’s sports teams, upholding Title IX's long-standing compliance standards despite the rollback of Chevron deference.

They also respond to a timely Listserv question: Can AI be used for incident reports? Weighing the benefits of accessibility, efficiency, and administrative support against concerns around accuracy, privacy, and confidentiality, they remind practitioners to avoid assuming AI-assisted reports are inherently unreliable. Reports should always be assessed according to policy and evidence, regardless of who—or what—helped draft them.

If you’re asking whether your m dash makes your Title IX report sound like a bot, or whether the era of the compliance silo is truly over, we’re more likely than not covering it in this week’s episode.

Relevant News:

Kluge v. Brownsburg Community School Corp.

Groff v. DeJoy (2023, U.S. Supreme Court)

Arana v. Board of Regents of the University of Wisconsin System

Davis v. Monroe County Board of Education (1999, U.S. Supreme Court)

Stephen F. Austin State University Athletics Case

Loper Bright Enterprises v. Raimondo (2024, U.S. Supreme Court)

This week on More Likely Than Not, we welcome John Wesley Lowery, Ph.D., a leader in Student Affairs, Student Success, and Disability Access, and the Opening Keynote speaker for the ATIXA and NABITA Joint Annual Conference this October in Baltimore, MD. His keynote, The Future of Education Amid Executive Orders, Regulations, and Investigations, will deliver a timely, thought-provoking look at the federal landscape for administrators and practitioners.

In this episode, Dr. Lowery offers advice on managing uncertainty and distinguishing genuine policy change from political theater. For example, myth or mandate: the Department of Justice’s recent memo on “unlawful discrimination,” which appears to contradict the Supreme Court’s ruling in Students for Fair Admissions by asserting that any consideration of race, even in personal essays, is impermissible.

Kayleigh and Joe sit down with Dr. Lowery to discuss how schools and campuses can build proactive cultures of free expression that encourage education, dialogue, and mutual understanding before conflicts arise, rather than invoking the First Amendment only in the aftermath of offensive speech.

If you’re asking what’s real, what’s theater, and what’s next for education, we’re more likely than not covering it in this week’s episode.

Mark your calendar for Dr. Lowery’s Opening Keynote at the ATIXA and NABITA Joint Annual Conference on Tuesday, October 14, from 6:00-7:30 pm ET. Early bird registration is open through August 22, 2025.

Relevant News: 

ATIXA & NABITA Annual Conference: https://www.atixa.org/conferences/annual-conference/

Dr Lowery's ATIXA blog, The Future of Education Amid Executive Orders, Regulations, and Investigations: https://www.atixa.org/blog/the-future-of-education-amid-executive-orders-regulations-and-investigations/

2023 Fair Admissions Decision: https://www.scotusblog.com/case-files/cases/students-for-fair-admissions-inc-v-president-fellows-of-harvard-college/

Columbia/Brown agreements: https://www.insidehighered.com/news/government/politics-elections/2025/04/17/columbia-and-brown-enter-title-vi-resolution-agreements

IPEDS: https://www.insidehighered.com/news/admissions/traditional-age/2025/08/07/trump-orders-colleges-supply-data-race-admissions

DOJ's Unlawful Discrimination memo: https://natlawreview.com/article/best-practices-enforcement-decoding-dojs-july-29-anti-discrimination-guidance

U.S. Department of Education Office of Civil Rights Case Processing Manual https://www.ed.gov/media/document/ocr-case-processing-manual-us-department-of-education-office-civil-rights-33891.pdf

Welcome back to More Likely Than Not, the ATIXA podcast where we break down the latest in Title IX news and practice. In this episode, Kayleigh and Joe reflect on their journeys into the field, sharing what initially drew them to Title IX, how their early experiences shaped their perspectives, what it was like getting an honorary degree at ATIXA's "Listserv University," and what continues to fuel their passion more than a decade later.

They explore how civil rights compliance in education is shifting from fragmented practices to a more integrated approach, as federal enforcement intensifies on issues related to race, religion, national origin, and shared ancestry (Title VI), and sex (Title IX). This shift means institutions must quickly align their policies, procedures, and data-sharing efforts.

Kayleigh and Joe also unpack the implications of Columbia University’s $221 million settlement, including the unfreezing of $400 million in federal research funding and the imposition of external oversight for admissions and hiring. They examine how this settlement could serve as a blueprint for future enforcement, particularly on DEI-related campus protests, institutional accountability, and the risks of non-compliance.

Whether you're a Title IX Coordinator, Investigator, Advisor, or simply striving to understand the latest developments in civil rights enforcement, we’re more likely than not covering it in this week’s episode.

Relevant news:

In Extraordinary Deal With Trump, Columbia U. Agrees to Pay $200 Million to Restore Funds

In the debut episode of More Likely Than Not, hosts Kayleigh Baker, J.D. and Joe Vincent, M.L.S. dive into the Supreme Court’s decision to take up two pivotal cases: West Virginia v. B.P.J. and Hecox v. Little. These cases could reshape the future of Title IX as it relates to transgender athletes.

Kayleigh and Joe unpack how this moment might force the Court to finally address a long-avoided question: does “sex” under Title IX include gender identity? With lower courts divided and prior rulings like Bostock setting new precedent, the stakes are high for schools, compliance professionals, and civil rights advocates alike. If you’re in Title IX—or advising someone who is—this is a must-listen.

But this episode isn’t just legal theory. The hosts highlight how the ATIXA listserv continues to surface the most pressing and nuanced questions from the field. It offers a real-time look at what Title IX professionals are up against, and how they are adapting. In this first episode, our scenario includes a university caught between a Title IX hearing requirement and a court-issued stay-away order. Through that lens, Kayleigh and Joe explore practical solutions, the role of legal counsel, and how to avoid becoming the “mechanism” that causes legal conflict.

Whether you're wrestling with policy updates, preparing for courtroom fallout, or just trying to stay ahead, we’re more likely than not covering it in this week’s episode.

Relevant news:

Supreme Court will decide whether states can ban transgender girls from girls’ sports (Politico, July 3, 2025)

Why Roberts and Gorsuch may decide the Supreme Court’s blockbuster transgender sports case (CNN, July 5, 2025)

How is ‘certiorari’ pronounced? Even Supreme Court justices disagree

Get ready for the inagural episode of More Likely Than Not, a podcast for Title IX professionals navigating the ever-evolving world of compliance, equity, and education law. Hosts Kayleigh Baker and Joe Vincent, experts from TNG Consulting and recognized voices from ATIXA (The Association of Title IX Administrators), introduce the purpose behind this new resource for practitioners across the education field.

In this teaser, Kayleigh and Joe share the vision for the podcast: a practical, conversational space to explore legal developments, real-world scenarios from the ATIXA Listserv, and best practices in Title IX, Title VI, and broader civil rights compliance work. Whether you’re brand new to your role or a veteran in the field, this podcast aims to help you think through the gray areas, respond to emerging trends, and find clarity in complexity.