Remand after a successful appeal.
A successful campus appeal usually produces a remand rather than a reversal. That is a genuine opportunity, and it carries risks respondents are rarely warned about.
Scope is everything.
The appeal decision states what is being remanded, and the range is wide: a complete rehearing, a new determination on the existing record, a corrected investigative report, or a fresh sanction decision alone. Establishing the scope in writing before anything else is the first task, because it determines what can be reargued and what is now settled against you.
Personnel, and the bias ground.
Where the appeal succeeded on conflict or bias, the same individual should not be conducting the second process, and asking for confirmation in writing is appropriate. Where the ground was procedural irregularity, new personnel may not be required - but the request costs nothing and the answer becomes part of the record.
The reopened investigation is an opportunity.
Where a remand reopens evidence-gathering, every request refused the first time can be made again, and the earlier refusal is now part of a record showing the institution was on notice. Material excluded from the original hearing may be admissible. And the ten-day windows run again, which means the most leveraged documents in the process can be written a second time with full knowledge of how the first attempt was received.
The exposure to ask about.
A rehearing can reach the same finding, and in some systems it can produce a heavier sanction than the one appealed. That question - whether the sanction can increase on remand - should be asked and answered in writing before the second process begins, because it changes the calculation about whether to proceed or to negotiate.
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.
