Your school’s policy reaches further than the federal rule.
Campus sexual misconduct is governed by two overlapping regimes: the federal Title IX regulations, and the institution’s own student conduct code. They use different definitions, cover different conduct, and - critically - give respondents different procedural rights. Knowing which one you are charged under is the first question of the defense.
What Title IX actually covers.
The 2020 regulations define sexual harassment for Title IX purposes in three categories: quid pro quo conduct by an employee, unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies equal access to education, and sexual assault, dating violence, domestic violence, or stalking as those terms are defined in federal law. The conduct must occur in an education program or activity, and within the United States.
That scope is narrower than most people assume, and where a complaint falls outside it the rule requires the school to dismiss the Title IX complaint. It does not require the school to stop - and it does not stop.
The conduct code, and why it matters more than it should.
Nearly every institution maintains a general sexual misconduct or student conduct policy alongside its Title IX procedures. These policies frequently claim jurisdiction over off-campus conduct, study abroad, conduct between students unconnected to any program, and sometimes conduct predating enrollment. They also define consent and incapacitation in their own language, which may be stricter than state law.
The procedural difference is what should worry you. Because the federal live-hearing requirement attaches to the Title IX grievance process, a case rerouted into the conduct code may be decided by a single investigator who interviews, evaluates, and determines - with no hearing and no cross-examination at all. Where that reroute happens immediately after a Title IX dismissal, it deserves a written objection.
Three definitions of consent.
In New York, Education Law article 129-B supplies an affirmative consent standard by statute for institutions in the state. A campus policy may define consent and incapacitation differently again, and the penal law of the jurisdiction supplies a third definition for any criminal case. These can diverge in ways that matter - conduct that satisfies the criminal standard may still violate a campus policy, which is why a criminal declination is not the end of the campus matter.
How the defense is built.
Identify the charging provision and hold the school to it. Preserve the record before it decays - full message threads rather than excerpts, ride and payment receipts that fix the timeline, access logs, and any campus video, which is often overwritten within weeks. Establish capacity through what the person actually did in the relevant hours. Then choose a theory that explains the entire record, including the parts that hurt, and file every objection in writing so that a court reviewing this later has something to read.
Why you should call us.
If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.
Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.
On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
