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SECTION C · ALLEGATION TYPE · C18

Athlete Title IX investigations.

An athlete accused of misconduct faces three institutions at once: the Title IX office, the athletic department, and a governing body. Only one of them runs a process with defined procedural rights. The other two act faster, on less, and their decisions are frequently unappealable.
THE FIRST CONVERSATION
Not with your coach. Coaches are mandatory reporters under most institutional policies, and the conversation intended to get ahead of it becomes the first document in the file.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · ATHLETE INVESTIGATIONS

For an athlete, the Title IX process is the slowest thing happening. The consequences that arrive first come from the athletic department, and they arrive without any of the procedural protections the federal rule provides.

Why the department acts before the process does.

Athletic departments manage reputational risk and act on allegation rather than on finding. A suspension from competition, removal from team activities, or exclusion from travel can be imposed within days, frequently without written reasons and frequently with no appeal route inside the athletic structure. Because eligibility is finite and seasons are fixed, a suspension reversed eight weeks later has already imposed the full consequence.

The supportive-measure argument.

Where the department frames the suspension as a supportive measure under the Title IX process, the regulation supplies an answer: supportive measures must be non-disciplinary, non-punitive, and designed to restore or preserve equal access to education without unreasonably burdening the other party. Removal from competition does not restore anyone’s educational access, and it plainly burdens the respondent. That objection, in writing and early, is the single most valuable move available in an athlete case.

The coach conversation.

Athletes are conditioned to bring problems to coaching staff, and in this context that instinct is costly. Coaches, trainers, and academic advisers are frequently mandatory reporters under institutional policy or designated campus security authorities under the Clery Act. The conversation intended to get ahead of the problem is what opens the file, and the notes taken during it are discoverable in both the campus and criminal tracks.

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 →
THREE DECISION-MAKERS, THREE TIMELINES
Who acts, how fast, on what.
Families address the Title IX process and discover the other two decided weeks earlier.
BODY 01
The Title IX office
Weeks. Defined procedure, live hearing, cross-examination, appeal.
THE ONLY PROCESS
BODY 02
The athletic department
Days. Suspension from competition, team removal. Often no procedure at all.
FASTEST
BODY 03
Financial aid
Annual award. Non-renewal is a separate decision with its own appeal route.
SEPARATE
BODY 04
Governing body
Eligibility rules, transfer implications, and reporting obligations at some levels.
DOWNSTREAM
CLOCK
Eligibility
Finite and running. A season lost to an interim measure is not recoverable.
IRREVERSIBLE
RISK
Publicity
Athlete matters attract attention, which increases the likelihood of police involvement.
ESCALATION
The strongest early argument. Suspension from competition imposed as a supportive measure does nothing to restore anyone’s educational access - which is what the regulation requires of a supportive measure. Objecting on that basis, in writing, is the move that can save a season.
THE RESPONSE
Five priorities.
Speed matters more in athlete cases than in almost any other category.
01Challenge the competition suspension first
Before the hearing, on the non-punitive requirement. A season is at stake now.
02Say nothing to coaching staff
Reporters under policy, and their notes become evidence in both tracks.
03Handle aid separately
Scholarship non-renewal has its own procedure. It is not part of the conduct case.
04Request expedition
Where a competition period is running, institutions can move faster than they do.
05Prepare for the criminal track
Publicity draws police attention, and nothing in the campus file is privileged.
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
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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.

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