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SECTION F · NEW YORK · F16

The SUNY disciplinary process.

SUNY campuses run a system-wide framework with local variation, and because they are public institutions, two things follow that do not apply at a private university: constitutional due process attaches, and an Article 78 petition is available on a four-month clock.
THE PUBLIC-INSTITUTION ADVANTAGE
At Binghamton, Stony Brook, Albany, Buffalo and the rest, the school is a state actor. That changes the theories available if the campus process goes wrong.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · SUNY DISCIPLINARY PROCEDURE

A respondent at a SUNY campus sits at the intersection of four sets of obligations and two judicial routes. That is more protection than most students have - and it is only usable if the record is built to support it.

The layers, and why they matter separately.

The federal regulations supply the hearing architecture. Education Law article 129-B adds affirmative consent, the students’ bill of rights, amnesty, and transcript notation rules that apply to every New York institution. SUNY system policy adds uniform procedures across campuses. The local conduct code reaches conduct outside Title IX. Each is a separate source of obligation, and a departure from any of them is a separate objection - which matters because an Article 78 petition can succeed on an error of law without asking a court to reweigh evidence.

State actor status.

SUNY campuses are public institutions, which makes constitutional due process available in a way it is not at Columbia, NYU, Cornell or Syracuse. That opens two additional routes: a federal claim under section 1983 for denial of notice or a meaningful hearing, and the Article 78 proceeding in state court. Both are decided substantially on the administrative record.

Building for review while the case runs.

Article 78 review is confined to the record made below, which means the useful work happens months before any filing. Written objections with dates. Itemised evidence requests and the refusals. Relevance rulings captured at the hearing with the question and its purpose. Each deadline the campus missed, logged in days. And the version of the policy in force on the date alleged, preserved before it is updated. A respondent represented from week one has that file; one who arrives after a loss does not, and the most favourable layered framework in the country cannot supply it retrospectively.

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 APPLIES AT A SUNY CAMPUS
Six layers, read together.
A SUNY respondent is covered by more overlapping obligations than almost any other student in the country.
LAYER 01
The 2020 federal rule
Live hearing, advisor-conducted cross-examination, presumption of non-responsibility.
BASELINE
LAYER 02
Education Law 129-B
Affirmative consent, the students’ bill of rights, amnesty, and notation requirements.
STATEWIDE
LAYER 03
SUNY system policy
Uniform procedures adopted across the system, with campus-level implementation.
SYSTEM
LAYER 04
Campus code
Local conduct code, which reaches conduct the federal rule does not.
LOCAL
LAYER 05
Due process
The campus is a state actor. Notice and a meaningful hearing are constitutionally required.
PUBLIC ONLY
LAYER 06
Article 78
Judicial review of the determination on the record below. Four months.
THE ROUTE OUT
Where the layers conflict, the most protective governs in practice. A SUNY campus that runs a conduct-code process without a hearing, on conduct that also falls under Title IX, is exposed under the federal rule, the system policy, and the due process clause simultaneously - and each is a separate objection.
WHAT TO BUILD FROM DAY ONE
Four priorities.
Because Article 78 review is on the record made below, the petition is drafted during the campus process.
01Written objections, dated
Every one. Oral exchanges with a coordinator do not exist for review purposes.
02The policy version
System policy and campus code as they stood on the date alleged, preserved as PDFs.
03The four-month calendar
Diarised the day the determination becomes final, before any decision is made.
04Exhaust the appeal
Courts expect it, and it adds record.
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
01
Second generation, since 1976

Thousands of clients across five decades. We have dealt with your issue before.

02
Loyalty to only you

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

03
Nationwide, fully online

A complete client portal - documents, invoices, communications - coast to coast.

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Selective by design

We only take clients we can truly help - and every accepted case gets the whole bench.

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Todd A. Spodek
MANAGING PARTNER
Todd A. Spodek
The Netflix defense · Fox & CNN analyst
Ralph P. Franco, Jr.
ASSOCIATE ATTORNEY
Ralph P. Franco, Jr.
Court appearances · case strategy
Alex Zhik
ASSOCIATE ATTORNEY
Alex Zhik
Criminal defense · client strategy
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Jeremy Feigenbaum
Motions · investigations
Claire Banks
ASSOCIATE
Claire Banks
Federal motions · S.D.N.Y. & E.D.N.Y.
Joseph Alter
ASSOCIATE ATTORNEY
Joseph Alter
Trial practice · not guilty on all counts, 2025
RB
OF-COUNSEL
Rajesh Barua
Immigration · removal defense
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OF-COUNSEL
Chad Lewin
Los Angeles · 23+ years
50+ years combined
Second generation, since 1976. Selective by design - loyal to only you.
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DismissedRICO - 10-year mandatory minimum
6 months$12M Ponzi - prosecutors asked for years
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