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