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SECTION I · REGULATORY · I16

Filing an OCR complaint against a school.

A complaint to the Office for Civil Rights is available to respondents as well as complainants where a school failed to follow the regulation. It is slow, it does not reverse your finding, and it is occasionally the right thing to do - for reasons that have little to do with your own case.
IT WILL NOT FIX YOUR CASE
OCR investigates institutional compliance. It does not sit as an appellate body over a determination, and it cannot restore your enrolment.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · OCR COMPLAINTS

Families ask about the Office for Civil Rights early, usually hoping it is an appeal. It is not, and being clear about that saves months.

What OCR does.

The Office for Civil Rights enforces Title IX against funded institutions. It investigates whether a school complied with the regulation and, where it finds non-compliance, negotiates a resolution agreement requiring institutional change. That is a systemic function. It is not an appellate review of an individual determination, it does not reverse findings, and it does not restore enrolment.

That respondents can file.

Nothing limits OCR complaints to complainants. A respondent alleging that an institution denied a live hearing, refused evidence access, applied the wrong standard of proof, permitted a single investigator to decide, or ran a process infected by documented bias is describing regulatory non-compliance within OCR’s remit. Those complaints are made and investigated.

Why timing matters more than it appears.

Complaints are generally expected within 180 days of the conduct complained of, though waiver is possible. More importantly, an OCR complaint does not toll a judicial limitation period - an Article 78 petition still has four months to run, and contract claims have their own clocks. Families who file with OCR and wait frequently lose the remedy that could actually have helped them.

When we advise it.

Where the procedural failure is systemic rather than particular, where no judicial route realistically exists, or where counsel judges that a documented complaint adds useful pressure alongside litigation already underway. And only ever on a record of specific, dated breaches. A complaint asserting general unfairness produces nothing and costs the credibility that a documented one would have carried.

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 →
WHAT IT IS, AND IS NOT
Six points.
Understanding the limits prevents a family spending months on the wrong remedy.
POINT 01
A compliance complaint
OCR examines whether the institution complied with the regulation.
INSTITUTIONAL
POINT 02
Not an appeal
It does not review the merits of your determination or reinstate you.
THE LIMIT
POINT 03
Available to respondents
Procedural failures affecting an accused student are within scope.
BOTH PARTIES
POINT 04
Timeframe
Generally within 180 days of the conduct complained of, with waiver possible.
THE CLOCK
POINT 05
Duration
Investigations take many months, sometimes years.
SLOW
POINT 06
Outcome
Resolution agreements and institutional change, not individual relief.
SYSTEMIC
Do not file it instead of a court claim. An OCR complaint does not stop an Article 78 clock or a contract limitation period running. Where judicial relief is available and time-limited, that comes first and the complaint runs alongside it if at all.
WHEN IT IS WORTH FILING
Four situations.
Narrow, and none of them is about reversing your own outcome.
01A systemic procedural failure
Where the institution’s process is defective for everyone, not just you.
02No judicial route
A private institution, thin contract terms, and a clear regulatory breach.
03Alongside litigation
Where counsel judges it adds pressure without prejudicing the claim.
04Documented, not speculative
Filed on a record of specific breaches with dates, or not at all.
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
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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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