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SECTION K · WRITTEN FOR THE SEARCH · K12

A professor has been accused.

For faculty the Title IX process is the smaller of two proceedings. An employment investigation runs alongside it with fewer procedural protections, tenure process adds a third layer, and licensure or credentialing bodies may require a report on a deadline shorter than the campus appeal.
DO NOT COOPERATE WITH HR FIRST
Faculty instinct is to engage the institution openly. The HR interview carries no privilege, no advisor right, and no hearing - and it produces the record that decides both proceedings.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · FACULTY RESPONDENTS

A faculty member accused under Title IX is defending a career against several proceedings at once, and the one with the strongest procedural protections is not the one that usually decides the outcome.

Why HR is the danger.

The Title IX process carries federal protections: written notice, an advisor of choice who may be an attorney, access to all directly related evidence, and a live hearing with advisor-conducted cross-examination. A parallel human resources investigation typically carries none of that - interviews without an advisor, no hearing, and no mechanism for testing any account. Faculty engage HR openly because they have always engaged HR openly, and that record then decides both matters.

The charge that sticks.

Faculty matters frequently resolve on a provision other than the one alleged. Consensual relationship policies commonly operate as strict liability where a supervisory or evaluative relationship exists, which means the factual dispute is never reached. Failure-to-report allegations arise from inaction and are criminal in some states. Unprofessional conduct provisions serve as the fallback when a primary charge fails. The defense is built around the charged provision, and the relationship policy is read before any statement acknowledging any relationship.

Reporting duties, mapped first.

Physicians, nurses, therapists, attorneys and teachers may face self-report obligations to boards or credentialing bodies triggered by a finding and sometimes by a charge, on timelines shorter than the campus appeal. Missing a report is frequently treated more seriously than the underlying matter. That mapping determines what an acceptable resolution even looks like, which is why it happens before negotiation rather than after.

Union rights and the same-standard rule.

Where a collective bargaining agreement applies it may supply representation and grievance rights the regulation does not, and those are waived by inadvertence - a meeting attended alone, a deadline allowed to pass. Separately, the rule requires the institution to apply the same standard of proof to employee complaints as to student ones; divergence between the two published policies is a documented compliance failure and worth raising in writing.

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 →
THE LAYERS
Six proceedings.
Each has its own timeline, and they do not wait for one another.
LAYER 01
Title IX grievance
Federal procedure: notice, advisor of choice, evidence access, live hearing.
STRONGEST RIGHTS
LAYER 02
HR investigation
Parallel, thinner, and frequently first. No hearing, no cross-examination.
THE RISK
LAYER 03
Tenure or dismissal
Faculty handbook adds committee review and separate hearing rights.
SEPARATE
LAYER 04
Union or grievance rights
Where a bargaining agreement applies, it supplies protections the rule does not.
INVOKE THEM
LAYER 05
Licensure reporting
Clinical faculty and attorneys may face self-report duties on charge or finding.
SHORT CLOCK
LAYER 06
Criminal exposure
Where a student is the complainant. The campus file is discoverable.
PARALLEL
The same-standard rule. An institution must apply the same standard of proof to complaints against employees as against students. Divergence between the two published policies is a compliance failure visible by comparing two documents.
THE RESPONSE
Four priorities.
Map the reporting duties first, because they have the shortest deadlines.
01Map reporting obligations
Boards, credentialing, and any contractual duty. Before anything is said.
02Control the HR channel
In writing, through counsel. Not an open conversation with a colleague.
03Invoke union rights in parallel
They are waived by inadvertence more often than by decision.
04Read the handbook alongside the rule
Both bind the institution, and both supply arguments.
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
You've seen the defense on Netflix. This is the firm behind it.

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

No allegiance to prosecutors or judges. The client is the only constituency.

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Nationwide, fully online

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Todd A. Spodek
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Alex Zhik
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Claire Banks
Federal motions · S.D.N.Y. & E.D.N.Y.
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ASSOCIATE ATTORNEY
Joseph Alter
Trial practice · not guilty on all counts, 2025
RB
OF-COUNSEL
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Los Angeles · 23+ years
50+ years combined
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6 months$12M Ponzi - prosecutors asked for years
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