Same-sex and LGBTQ respondent cases.
Title IX applies without regard to the sex or orientation of the parties, and the analytical framework is unchanged. What changes is the practical texture of the investigation.
The law does not vary.
The definitions of sexual harassment, the consent and capacity questions, the procedural rights, and the standard of proof apply identically. A respondent in a same-sex matter has exactly the rights set out across this site: written notice, an advisor of choice, evidence access, a live hearing with advisor-conducted cross-examination, and a presumption of non-responsibility. Anyone suggesting otherwise is wrong.
Where the texture differs.
Campus LGBTQ communities are frequently small and densely connected, which means witnesses tend to know both parties well and social pressure is more concentrated. Accounts conform faster. That makes early identification and interview of witnesses more important than usual, and it makes the instruction to say nothing publicly harder to follow and more necessary.
Assumptions, and how to document them.
Investigators and panels sometimes reason from stereotype - about roles within a relationship, about who is likely to have initiated, about what a given dynamic implies. Where any sign of that appears in a question, a report, or a determination, it is recorded verbatim with the date and objected to in writing. Bias is one of three appeal grounds, and it is established contemporaneously or not at all.
Privacy in the file.
A grievance process can expose orientation or gender identity that a party has not disclosed, to investigators, panel members, witnesses, and anyone who later obtains the file. That is a real harm and it is a legitimate subject of a written request: what identity information will appear in the report, who will have access, and whether the record can be limited. Institutions frequently accommodate the request, and the exchange is worth having in writing either way.
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.
