The charge respondents walk into while defending themselves.
Retaliation is the charge that converts a defensible case into two cases. It is prohibited by regulation, defined broadly, and considerably easier to establish than the underlying allegation - because the conduct is usually documented and the intent is inferred from timing.
What the rule prohibits.
Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with a right secured by Title IX, or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in a Title IX proceeding. That language is broad by design, and it captures conduct that a respondent experiences as self-defense rather than as retaliation.
Why it sticks when the main charge does not.
The underlying allegation is contested, decided on conflicting accounts and imperfect evidence. Retaliation is frequently documentary: the message exists, it is timestamped, and the timing supplies the inference of purpose. In our experience it is the count most likely to be sustained, and it produces sanctions of its own - which is why a respondent who has been careful about everything else can still lose on the second charge.
The third-party problem.
Friends and family cause most of these findings. A roommate confronting the complainant, a teammate posting a defense, a parent emailing the dean about the complainant’s character - all of it is attributable as coordinated conduct, and none of it is within the respondent’s control unless they explicitly ask it to stop. That conversation should happen in the first days, and it should be direct: nothing said, nothing posted, no contact with anyone involved.
Where the line actually is.
Exercising procedural rights is protected. Requesting evidence, objecting to a measure in writing, cross-examining at the hearing, filing an appeal, and even bringing a legitimate cross-complaint on genuine facts are all part of the process rather than interference with it. What crosses the line is reaching outside the process to influence, pressure, or punish a participant. Where a counterclaim or a demand letter is contemplated, it goes through counsel first - because the same document sent at the wrong moment becomes the second case.
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.
