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.