More Likely Than Not: An ATIXA Podcast

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continue to offer modifications and support for pregnant and parenting students, sharing best practices from the now-rescinded 2024 rule.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...

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 requir...

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...

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 c...

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 s...

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 q...

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 restr...

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 accur...

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...

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 i...

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 hi...

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...