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SECTION K · WRITTEN FOR THE SEARCH · K14

A graduate student has been accused.

Graduate students sit in the worst structural position in campus discipline: they are students subject to the conduct process, employees subject to an employment process, and frequently supervisors subject to a relationship policy that operates without regard to consent.
THREE STATUSES, ONE INCIDENT
Student, employee, and person in authority. Each attracts a different provision, and the authority one is frequently strict liability.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · GRADUATE STUDENT RESPONDENTS

Graduate students carry three statuses simultaneously, and a single allegation engages all of them under different provisions with different standards.

Student, employee, supervisor.

As students they are subject to the conduct code and the Title IX grievance process, with the federal hearing and cross-examination rights that attach. As teaching or research assistants they are employees, and the position can be terminated through an employment procedure that runs faster and offers less. And where they instruct, grade, or supervise undergraduates, a consensual relationship policy frequently applies as strict liability - meaning the disputed questions about the encounter are never reached.

Why the funding consequence arrives first.

For most graduate students the stipend, tuition remission, and sometimes housing all attach to the assistantship. Losing the position is therefore a financial event of a different order from a disciplinary sanction, and it happens through the employment track rather than the conduct process - with its own notice, its own appeal, and its own deadline. Addressing it separately and promptly is frequently the most valuable early work in these matters.

The advisor problem.

A single faculty advisor holds enough informal power over a doctorate to end it without any formal process at all - by withdrawing support, declining to continue supervision, or simply becoming unavailable. Conversations with an advisor about an allegation are not privileged, they frequently generate reports, and they can produce consequences no procedure governs. The instinct to seek guidance from a mentor is exactly the instinct to resist.

Immigration, where it applies.

A substantial proportion of graduate students are on F-1 status, where full-time enrolment is a condition and an interruption can terminate the SEVIS record within days. For those students the ranking of acceptable outcomes inverts - a longer probation preserving enrolment beats a short suspension that ends status - and that has to be stated in any negotiation from the outset.

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 EXPOSURE
Six points.
Each status carries its own process and its own consequence.
STATUS 01
Student
The conduct and Title IX processes, with federal hearing rights.
BASELINE
STATUS 02
Employee
TA and RA roles are employment. Termination has its own track.
PARALLEL
STATUS 03
Authority
Over undergraduates you teach or grade. Relationship policies frequently apply strictly.
THE TRAP
STATUS 04
Funding
Stipend, tuition remission, and housing frequently attach to the position.
FINANCIAL
STATUS 05
Advisor relationship
A single faculty advisor can end a doctorate without any formal process.
INFORMAL POWER
STATUS 06
Visa status
Many graduate students are on F-1. Interrupted enrolment terminates it.
IMMEDIATE
The funding loss is immediate and frequently the largest practical consequence. Where a stipend, tuition remission, and housing all attach to a teaching position, termination of the position is a financial event that arrives long before any determination.
THE RESPONSE
Four priorities.
Establish which statuses are engaged before responding to anything.
01Identify every applicable provision
Conduct code, employment policy, and relationship policy. Read all three.
02Protect the funding
Employment termination has its own procedure and appeal. Address it separately.
03Flag visa status immediately
If on F-1, it reorders every priority.
04Say nothing to your advisor
Informal power is real, and the conversation is not 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
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
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Second generation, since 1976

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

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Loyalty to only you

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Nationwide, fully online

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Todd A. Spodek
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Alex Zhik
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Claire Banks
Federal motions · S.D.N.Y. & E.D.N.Y.
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ASSOCIATE ATTORNEY
Joseph Alter
Trial practice · not guilty on all counts, 2025
RB
OF-COUNSEL
Rajesh Barua
Immigration · removal defense
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Chad Lewin
Los Angeles · 23+ years
50+ years combined
Second generation, since 1976. Selective by design - loyal to only you.
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