When you held a position of authority.
Student employees - resident advisers, teaching assistants, tutors, and supervisors - occupy a position that changes the charge, the available defenses, and the likely sanction.
Strict liability, and what it means.
Many institutions prohibit romantic or sexual relationships between a student and anyone they supervise, instruct, or evaluate, without regard to consent. Where such a provision applies, the disputed questions that dominate ordinary campus cases - what was communicated, what capacity existed - are simply not reached. The violation is the relationship. That is why the provision has to be read before any statement is made acknowledging any relationship at all.
The threshold that is worth contesting.
Whether authority actually existed over this particular person, in this term, in this capacity. An RA on a different floor, a TA for a different section, a tutor who never evaluated the student, a coach in a different sport - each is arguable, and the argument is documentary: assignment records, rosters, and the actual scope of evaluative responsibility. Where the threshold fails, the strict liability provision does not apply and the case reverts to an ordinary analysis.
Two tracks, because the position is employment.
RA and TA roles are jobs, with stipends, housing, and termination procedures. Loss of the position runs on the employment track with its own notice requirements and appeal, separate from the conduct process - and it frequently moves faster. The financial consequence, particularly where housing was included, is immediate and material, and it is addressed through the employment procedure rather than the Title IX one.
Sanction, prepared early.
Every published sanction framework treats a position of authority as aggravating. Where responsibility is likely to be found, the sanction argument matters more than usual and it has to be built in advance: the scope of the authority, the absence of any evaluative effect, the institutional context, and any comparable matters. Offered at the responsibility stage it reads as concession; prepared for the sanction stage it is exactly what that stage is for.
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.
