Pennsylvania: a mixed system, and the Third Circuit.
Pennsylvania is a mixed jurisdiction in a way that matters legally rather than just descriptively, and the first task in any matter here is establishing what kind of institution is running the process.
Why classification comes first.
Constitutional due process claims run against state actors. A respondent at a PASSHE campus is in a different legal position from one at Penn or Villanova, and the state-related universities - Penn State, Pitt, Temple, Lincoln - occupy a distinctive category whose character is worth analysing rather than assuming. That classification determines whether a section 1983 claim exists, and it should be settled at the outset because it shapes what the campus record needs to establish.
The contract route.
At a private institution the handbook, catalogue and published grievance procedure form the agreement, and a documented failure to follow that procedure is a breach. The practical work is identical to a due process case - obtain the policy in force on the date alleged, log every departure with dates, preserve the objections in writing - but the theory and the forum differ, and the pleading is built differently.
The criminal track.
Campus allegations in Pennsylvania are prosecuted by county district attorneys, with charging practices that vary between Philadelphia, Allegheny, Centre and the rest. Those proceedings are entirely independent of the campus outcome, and the Title IX file is subpoenaed as a matter of routine. Nothing said in the campus process is privileged against it, which is why the two matters are managed as one strategy from the first week.
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.
