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SECTION E · COLLATERAL CONSEQUENCES · E03

The disclosure question, and how to answer it truthfully.

Every consequential application from here forward - transfer, graduate school, licensure, some employment - contains a version of the same question. Answer it wrong and the omission becomes the disqualifying act. Answer it defensively and you invite scrutiny. There is a way to answer it that is honest, brief, and effective, and it should be drafted once.
THE RULE
Never omit. Never over-explain. Three or four sentences: what happened, what was resolved, what you did afterward. No blame, no litigation of the facts, no adjectives.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · ANSWERING DISCIPLINARY DISCLOSURE QUESTIONS

The disclosure question outlives everything else in a campus case. It appears on transfer applications, graduate and professional school applications, bar and board admissions, licensure renewals, and some employment forms. It is answered under penalty of rescission or denial, and it is investigated rather than accepted at face value.

The wording controls the answer.

These questions are drafted with precision and should be read the same way. A question asking whether you were found responsible for a violation is answered by reference to findings - if the matter was dismissed, resolved informally without a finding, or reversed on appeal, the accurate answer may be no. A question asking whether you have been subject to disciplinary action is broader and may capture probation or interim measures. A question asking whether you have ever been accused is broadest of all and captures matters that concluded in your favour.

The withdrawal question.

Forms increasingly ask whether the applicant left any institution with disciplinary charges pending. That language exists precisely because withdrawal was being used as an exit. If it applies to you, it must be answered, and this is one of the reasons a negotiated resolution with neutral wording is frequently preferable to a strategic departure.

Disciplinary is not criminal.

A Title IX finding is an institutional determination, not a criminal conviction. Where a form asks separately about criminal history, a campus finding generally does not belong in that answer - and including it creates an inaccurate disclosure that is difficult to walk back. Where the same conduct also produced a criminal case, both questions are engaged and each needs its own accurate answer.

Why brevity works.

Committees read thousands of these. A four-sentence answer - what happened, what was decided, what you have done since, full stop - reads as accountability. A page of explanation reads as litigation, invites the reader to form a view about the underlying facts, and makes the applicant the problem. Blame directed at the complainant or the institution is the single most damaging thing an applicant can include.

Draft it once, with counsel.

The answer will be reused for years across forms with different wording and different scopes, and it must remain consistent, because inconsistency between two disclosures is treated as candour failure. We draft it once, map it against the specific question forms the applicant will face, and keep it on file for the licensure application that arrives a decade later.

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 →
READ THE QUESTION VERY CAREFULLY
Six variations, six different answers.
These questions are drafted narrowly, and the honest answer often depends on wording most applicants skim past.
FORM 01
“Found responsible for a disciplinary violation?”
If the matter was dismissed or resolved without a finding, the honest answer may be no. Read it literally.
FINDING REQUIRED
FORM 02
“Subject to disciplinary action?”
Broader. Interim measures and probation can fall inside it.
BROADER
FORM 03
“Ever charged with or accused of?”
Broadest. Captures matters that ended in your favour.
CAPTURES EVERYTHING
FORM 04
“Left an institution with charges pending?”
The withdrawal question. Written specifically to close that exit.
WITHDRAWAL TRAP
FORM 05
“Since the date of this application…”
A continuing duty to update. Many applicants miss the ongoing obligation.
UPDATE DUTY
FORM 06
Criminal history questions
Separate and distinct from conduct questions. A campus finding is not a criminal record.
DIFFERENT QUESTION
A campus finding is not a conviction. Where a form asks about criminal history, a Title IX determination is not a criminal record and generally does not belong in that answer. Where a form asks about disciplinary history, it does. Conflating the two creates a disclosure that is inaccurate in the other direction.
THE FOUR-SENTENCE ANSWER
Structure, not spin.
This is the shape we use. It works because it does not argue, and because it gives the reader somewhere to stop.
01What
One sentence, factual, using the institution’s own terminology. No characterisation of the allegation.
02Outcome
What was decided and what sanction followed. Dates included.
03Since
What you did afterward - credits, work, service, counselling if genuine.
04Stop
No re-litigation, no blame, no request for sympathy. The reader has what they need.
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.

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EVERY ACCEPTED CASE GETS THE WHOLE BENCH · 24/7
Meet the bench →
Todd A. Spodek
MANAGING PARTNER
Todd A. Spodek
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Ralph P. Franco, Jr.
ASSOCIATE ATTORNEY
Ralph P. Franco, Jr.
Court appearances · case strategy
Alex Zhik
ASSOCIATE ATTORNEY
Alex Zhik
Criminal defense · client strategy
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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.
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THE FULL PROCESS →
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FROM THE RECORD · S.D.N.Y. & BEYOND
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DismissedRICO - 10-year mandatory minimum
6 months$12M Ponzi - prosecutors asked for years
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