Published on: March 30, 2026
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.
After what felt like a torrential downpour of Title IX-related developments, practitioners may be enjoying a brief reprieve. But the landscape is anything but calm. The Department of Education’s functions are being distributed to other federal entities, including the Department of the Treasury. This raises a key question: what does this fragmentation mean for enforcement?
For some, states are filling the gaps. Following New York’s lead in enacting a law requiring a Title VI coordinator and other mandates, states like Georgia, Missouri, and Colorado are introducing similar legislation. This signals a shift toward state-driven civil rights enforcement. Ongoing litigation, such as the federal government suing Harvard, California suing the federal government, and continued legal battles in Maine, continues to complicate the push-and-pull over authority.
Against this backdrop, we turn to a lively ATIXA listserv debate: should victim advocates serve as advisors in the Title IX grievance process? Under the 2020 regulations, parties have the right to choose an advisor of their choice. On one hand, advocates bring trust, familiarity, and a strong understanding of institutional processes. At the same time, the advisor role can become adversarial, raising concerns about confidentiality, dual roles, and how advocacy support is perceived. The conversation explores three main schools of thought and lands, unsurprisingly, somewhere in the middle.
If you have ever wondered whether an advocate can step into the advisor role without creating confusion, conflict, or unintended harm, we are more likely than not covering it in this week’s episode.
Relevant news:
- Early Bird Registration has been extended to April 17th for ATIXA’s 2026 Summer Symposium, June 7-11, 2026, in Denver, CO!
- More Likely Than Not, Episode 15: Brink of Horror: Navigating Tech-Facilitated Sexual Abuse (with Mikiba Morehead, Ed.D., M.A., and Adam Dodge, J.D.)
- Be one of the first to take ATIXA’s new trainings on AI and technology:
For practical guidance from ATIXA’s parent consulting firm, TNG Consulting, contact inquiry@tngconsulting.com.
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