Attorney on call · 24/7 · Risk-free consultation
212 300 5196
SECTION J · QUESTIONS ANSWERED · J07

Can I record the hearing myself?.

You do not need to. The rule requires the institution to create an audio, audiovisual or transcript record and to make it available to both parties for inspection and review. Recording it yourself is usually prohibited by policy and can breach state law.
REQUEST THEIRS INSTEAD
In writing, after the hearing. It is the record any appeal or petition will be decided on, and you are entitled to inspect it.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · THE HEARING RECORD

Respondents ask about recording because they expect to need proof of what happened. The rule already provides it.

What is required.

The 2020 regulations require institutions to create an audio or audiovisual recording, or a transcript, of any live hearing, and to make it available to the parties for inspection and review. That obligation is unconditional. Where no record was created, or where the institution declines to make it available, that is a procedural violation visible without any argument about the merits.

Why recording it yourself is a bad idea.

Most institutional policies prohibit party recording, and breaching that is itself a conduct violation - which hands the institution a second matter. Separately, several states require the consent of all parties to record a conversation, which means a covert recording can be a criminal offence. The upside is nil, because the institution is already required to produce the thing you wanted.

What to do with the recording.

Request it in writing promptly, and review it against your advisor’s contemporaneous notes and against the determination letter. Three things are on it verbatim: what witnesses actually said, which questions were excluded and on what stated basis, and what the decision-maker said about relevance. Where the determination characterises testimony differently from how it was given, that discrepancy is procedural-irregularity material - and it exists only if someone listened to the recording.

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.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR SCHOOL’S POLICY AND YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS FREE. Skip reading - just call →
THE RULE
Six points.
The obligation is on the institution, and it is enforceable.
POINT 01
A record is required
Audio, audiovisual, or transcript. Not optional.
MANDATORY
POINT 02
Available to both parties
For inspection and review. Request it in writing.
YOUR RIGHT
POINT 03
Own recording usually barred
Most policies prohibit it. Breach is a conduct violation.
DO NOT
POINT 04
State law
Some states require all-party consent to record. A covert recording can be criminal.
SERIOUS
POINT 05
Virtual hearings
Platform recordings satisfy the requirement and capture technical failures.
USEFUL
POINT 06
No record
Where none was made, that is a straightforward procedural violation.
APPEAL GROUND
Review it against your notes. Relevance rulings, excluded questions, and what witnesses actually said are on the recording verbatim. Discrepancies between it and the determination letter are appeal material.
WHAT TO DO
Four steps.
The record is an asset. Obtaining and reviewing it is standard work.
01Take contemporaneous notes
Your advisor should log every ruling as it happens.
02Request the recording in writing
Promptly after the hearing, citing the provision.
03Review it against the letter
Discrepancies between the two are procedural grounds.
04Never record covertly
A conduct violation at best, a crime in some states.
KEEP READING · THE TITLE IX SET
Where this page hands you off.
No page on this site is a dead end. These are the next questions people ask after this one, in the order they usually ask them.
Todd A. Spodek, Managing Partner
FIG. - THE PRINCIPAL
THE LAWYER THE PRESS CALLS
You've seen the defense on Netflix. This is the firm behind it.

Todd A. Spodek is a second-generation trial lawyer whose defense of Anna Delvey became Netflix's Inventing Anna. He appears on Fox News and CNN as a legal analyst, authored "My Advice to Diddy" in The Spectator, and is quoted by the Associated Press when the biggest federal cases break. The record behind the profile: a complete acquittal in a $26M money-laundering trial, RICO charges carrying a 10-year minimum dismissed, and 6 months on a $12M Ponzi case.

Why this firm.

SPODEK LAW GROUP P.C. · EST. 1976
01
Second generation, since 1976

Thousands of clients across five decades. We have dealt with your issue before.

02
Loyalty to only you

No allegiance to prosecutors or judges. The client is the only constituency.

03
Nationwide, fully online

A complete client portal - documents, invoices, communications - coast to coast.

04
Selective by design

We only take clients we can truly help - and every accepted case gets the whole bench.

THE FIRM FILM · 00:45 · WHO WE ARE
ALL APPEARANCES →
45 SECONDS INSIDE THE FIRM

See who fights for you before you ever call.

Who we are, how we work, and why clients nationwide trust us with their future - in under a minute.

The Spodek Law Group P.C. bench

The team on your case.

EVERY ACCEPTED CASE GETS THE WHOLE BENCH · 24/7
Meet the bench →
Todd A. Spodek
MANAGING PARTNER
Todd A. Spodek
The Netflix defense · Fox & CNN analyst
Ralph P. Franco, Jr.
ASSOCIATE ATTORNEY
Ralph P. Franco, Jr.
Court appearances · case strategy
Alex Zhik
ASSOCIATE ATTORNEY
Alex Zhik
Criminal defense · client strategy
Jeremy Feigenbaum, working the file
ASSOCIATE ATTORNEY
Jeremy Feigenbaum
Motions · investigations
Claire Banks
ASSOCIATE
Claire Banks
Federal motions · S.D.N.Y. & E.D.N.Y.
Joseph Alter
ASSOCIATE ATTORNEY
Joseph Alter
Trial practice · not guilty on all counts, 2025
RB
OF-COUNSEL
Rajesh Barua
Immigration · removal defense
CL
OF-COUNSEL
Chad Lewin
Los Angeles · 23+ years
50+ years combined
Second generation, since 1976. Selective by design - loyal to only you.
PUT THEM ON YOUR CASE →

How your case unfolds.

THE FULL PROCESS →
01 · TODAY
The consultation

Risk-free, in person or by phone. Ask anything, for as long as it takes. Strategy starts the same day.

02
Investigation & evidence

Witnesses, reports, footage, experts - building the record that pokes holes in theirs.

03
Motions, negotiation - or trial

Suppress, dismiss, negotiate from strength. And if trial is the advantage - we are unafraid.

★★★★★VERIFIED CLIENT · FEDERAL CASE · 2022 · VIA GOOGLE REVIEWS
"The best lawyer anyone could ask for. Todd changed our lives."
1,100+ FIVE-STAR GOOGLE REVIEWS →
FROM THE RECORD · S.D.N.Y. & BEYOND
Acquittal$26M money laundering
DismissedRICO - 10-year mandatory minimum
6 months$12M Ponzi - prosecutors asked for years
RISK FREE · CONFIDENTIAL · 24/7

Get ahead of the case.

Answered within 24 hours, guaranteed. Some stories are better told out loud -

212 300 5196
AFTER YOU REACH OUT
01A person answers - not a service. Day or night. 02Free, confidential consultation - ask us anything, regardless of how long it takes. 03Strategy starts the same day - and you hold the senior partner's cell number.
★★★★★1,100+ FIVE-STAR GOOGLE REVIEWS
READ THEM →
INTAKE · PRIVILEGED & CONFIDENTIAL
24/7
This field is for validation purposes and should be left unchanged.
01
02
03
04
05
EVERYTHING YOU SHARE IS PROTECTED BY ATTORNEY-CLIENT PRIVILEGE FROM THE FIRST WORD.