Who decides your case, and can you object?.
The identity of the person or panel deciding a campus case is both regulated and challengeable, and respondents rarely ask for it early enough to do anything about it.
The structural separations.
The 2020 rule requires that the decision-maker not be the same person as the Title IX coordinator or the investigator. That separation is one of the clearest lines in the regulation, and its violation - a single investigator who investigates and determines - is a straightforward procedural defect. It is also precisely what the vacated 2024 rule would have permitted, which means institutions running processes designed for that rule may still be doing it.
Conflict, bias, and training.
Decision-makers must not have a conflict of interest or bias for or against complainants or respondents generally, or against an individual party, and must be trained on the definition of sexual harassment, the scope of the education programme, how to conduct the grievance process, and how to serve impartially. Institutions must make training materials publicly available - which means they can be requested, read, and quoted where they contain the sex stereotypes the rule prohibits.
Why timing decides whether the objection is usable.
An objection to a decision-maker raised before the hearing, with a documented basis and a formal recusal request, creates a record showing what the institution knew and chose to do anyway. The same fact raised for the first time on appeal is a characterisation. Asking for names and roles early, in writing, is the step that makes the difference - and where the names arrive too late to research, that late disclosure is itself worth objecting to on the record.
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.
