Can the school punish me for staying silent?.
This is the question at the centre of every parallel proceeding, and the answer has a formal half and a practical half that point in different directions.
The formal position.
The regulations require a presumption that the respondent is not responsible until a determination is made at the conclusion of the grievance process, and nothing permits an institution to sanction a party for declining to participate. A respondent who says nothing has not violated any rule, and a determination that expressly reasons from silence to responsibility is departing from the presumption - which is an appeal ground worth stating.
The practical position.
The process does not stop. It proceeds on the evidence before it and applies the standard of proof, which in a case where the only account is the complainant’s produces a predictable result. That is not a penalty for silence in any formal sense; it is the arithmetic of an uncontested record. Pretending otherwise does respondents no favours.
What the carve-out changed.
As promulgated, the rule barred reliance on statements from anyone who did not submit to cross-examination. That provision was vacated in 2021. The consequence for a silent respondent is that their earlier statements - an intake conversation, an email, a first interview - remain available to the decision-maker whether or not they appear. Silence going forward does not retract what was already said.
The posture that resolves it.
Attend. Let your advisor conduct a full cross-examination. File the ten-day evidence response and the report response, both of which are argument rather than testimony and give a prosecutor nothing. State once, courteously and on the record, that you are not answering questions. Where a criminal matter is open, request a good-cause delay before any of this - because a delay granted removes the dilemma entirely.
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.
