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continue to offer modifications and support for pregnant and parenting students, sharing best practices from the now-rescinded 2024 rule.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