How to stay silent without losing the campus case.
Respondents facing parallel proceedings are given two confident and contradictory instructions. Criminal defense instinct says make no statement to anyone. Campus practice says engage fully, because the process moves without you. Followed alone, each produces a predictable loss - in the other forum.
Why total silence is not the answer here.
A campus grievance process does not stop for your non-participation. The decision-maker may proceed on the evidence available, which can mean the complainant’s account standing unopposed under a standard as low as fifty-one percent. Worse, non-participation forfeits the procedural work that matters later: no objections in the file, no evidence requests on record, no documented deadline breaches - and therefore nothing for an appeal or a court to review.
Why full candour is worse.
There is no Title IX privilege. An uncounselled written statement is the most damaging document in most criminal files that follow, because it fixes an account early, in your words, before the evidence is known - and any later correction reads as a changed story. The instinct to be thorough is the instinct that causes the damage.
The delay request people do not make.
Most policies permit temporary delay of the grievance process for good cause, and concurrent law enforcement activity is a recognised example. A specific, documented, early request to postpone the hearing until the criminal matter resolves often dissolves the dilemma entirely - because by the time the hearing convenes, the charging decision is known. The request has to be made properly and in writing, not raised for the first time at the hearing.
Argument is not testimony.
The most useful distinction in this area. The ten-day response to the evidence, and the response to the draft report, are advocacy documents: they critique what the record shows, identify what was never collected, and mark where accounts diverge. None of that requires you to give a narrative account of the night. A well-built evidentiary critique can end a case without a single self-incriminating sentence.
Cross-examination runs regardless.
Under the 2020 rule your advisor may cross-examine the other party and every witness whether or not you testify yourself. That asymmetry is the strongest feature of the current framework for a respondent in parallel proceedings: the account against you gets tested while your own exposure stays controlled.
Deciding about testimony.
We decide last, never first, and always with the criminal posture in view - whether charges have been declined, whether a grand jury is sitting, what the file already contains. Sometimes the answer is to testify, prepared narrowly. Frequently it is not. What it never is, is a decision made in the first week by someone who has only seen one of the two cases.
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.
