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SECTION B · PROCEDURAL STAGE · B25

The last written word after the hearing.

Some policies permit a written submission after the hearing closes and before the determination issues. Where that window exists it is the final opportunity to frame the record for the person who is about to write the finding - and most respondents do not know it is there.
ASK WHETHER IT EXISTS
In writing, before the hearing ends. Policies vary, and a closing submission offered but not taken is an opportunity forfeited.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · POST-HEARING SUBMISSIONS

The hearing ends and the determination has not been written yet. In many institutions there is a window in between, and it is the least used opportunity in the entire process.

Why it matters more than it sounds.

The person writing the determination has just sat through several hours of testimony and holds a file of several hundred pages. A short, cited submission arriving before they begin drafting shapes what they look at first. It is the only point at which a respondent addresses the decision-maker directly, in writing, after all the evidence is in.

The divergence schedule.

The most valuable content is a comparison of what was said at the hearing against what was said earlier - in the investigative interviews, in written submissions, and in contemporaneous messages. Those divergences were explored in cross-examination but the panel heard them once, in sequence, hours ago. Set out on paper with citations, they are considerably harder to overlook.

Preserving the rulings.

Every question excluded on relevance should appear in a numbered schedule with the question as posed, the purpose it served, and the ruling given. That schedule does two things: it invites the decision-maker to reconsider before finalising, and it becomes the procedural-irregularity section of any appeal without further work.

Why it is safe when testimony is not.

A closing submission is argument about an existing record. It creates no new account of events, which means that where a criminal investigation is open it advances the campus defense without generating a discoverable statement. For a respondent who declined to testify, it is the way the defense still gets made.

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 A CLOSING SUBMISSION DOES
Six functions.
It is argument, not testimony, which is why it carries no Fifth Amendment cost.
USE 01
Consolidate the record
What the evidence established, cited to the production and the hearing.
THE SUMMARY
USE 02
Fix the divergences
Where testimony departed from earlier accounts, with the specifics.
MOST USEFUL
USE 03
Preserve the rulings
Every excluded question, its purpose, and the ruling given.
FOR APPEAL
USE 04
Apply the standard
Whether the burden was met on the standard the policy adopts.
THE ARGUMENT
USE 05
Element analysis
Whether the evidence reaches each element of the charged provision.
FREQUENTLY DECISIVE
USE 06
Frame the determination
What the letter must be unable to say. Work backwards from that.
STRATEGIC
It is argument, so it is safe. Unlike testimony, a closing submission creates no new account of events. Where a criminal matter is open, it advances the campus defense without giving a prosecutor anything.
HOW TO WRITE IT
Four rules.
Short, cited, and structured for the person drafting the determination.
01Cite everything
Page, line, or timestamp. A reviewer verifies in seconds or not at all.
02No new narrative
Argument about the record, never a fresh account of the night.
03Track the elements
One heading per element of the charged provision.
04List the rulings
A numbered schedule of excluded questions. It is the appeal, pre-built.
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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