Multiple complainants, and the pattern argument.
A second complaint transforms a campus case. The evidence in each matter may be thin, and heard together the two become mutually corroborating in a way that no individual piece of evidence supports.
What the rule actually permits.
Institutions may consolidate formal complaints where the allegations arise out of the same facts or circumstances. That qualifier is doing work: separate incidents, on different dates, involving different complainants, are frequently not the same facts or circumstances - and consolidation in that situation is a discretionary choice that can be objected to.
Why pattern inference is the prejudice.
A decision-maker hearing two allegations together is, in practice, assessing likelihood across both. The reasoning that two people would not independently make similar allegations is intuitive and it is precisely the inference that consolidation invites. Naming that prejudice expressly in a written severance request - and again on the record at the hearing - is what makes it reviewable, because a determination that reasons from pattern rather than from the evidence in each matter is vulnerable on appeal.
The procedural points that follow.
Each allegation requires its own notice with sufficient detail to permit a response, and consolidated matters frequently have one adequate notice and one vague one. The determination must state findings and a rationale as to each allegation, and consolidated determinations frequently blur them. And where a single sanction spans multiple findings, it becomes impossible to tell which finding drove it - which matters if one finding is reversed on appeal and the other stands.
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.
