The most leveraged document you will ever write.
The 2020 regulations give respondents two written windows, and the first is the most valuable procedural right in the entire framework. Before finalising the investigative report, the institution must provide both parties an equal opportunity to inspect and review all evidence directly related to the allegations, and at least ten days to submit a written response which the investigator must consider.
What the production must include.
All evidence directly related to the allegations - a broader category than relevant evidence. It expressly includes evidence the institution does not intend to rely upon, and it expressly includes exculpatory as well as inculpatory material. In practice, productions are frequently narrower than that: the messages the complainant provided, the interview summaries, and little else. A written request for the material the school does not intend to rely on is appropriate and often productive, and where it is refused, the refusal is documented.
Why an argument beats a narrative.
The instinct is to use the ten days to tell the story properly at last. That is the least effective possible use of the document. A narrative adds another statement to a file that already contains your account, gives a prosecutor more material if a criminal case follows, and argues nothing. What changes outcomes is analysis: identifying what the record actually establishes, what it does not, what was never collected, and where accounts diverge - each point cited to a specific page in the production.
The gap analysis.
The strongest section is usually what is missing. Corridor video that existed and was not requested before it was overwritten. Card-swipe logs never obtained. A named witness never interviewed. The complete message thread where only excerpts were produced. Each omission is stated factually, with the date it was identified and the request made. This does two things at once: it may produce the evidence, and if it does not, it establishes that the investigation was incomplete in specific, documented ways.
Element analysis.
Frequently overlooked and frequently decisive. The question is not only what happened but whether what the evidence shows meets the elements of the provision actually charged. Conduct may be genuinely regrettable and still fall outside the charged definition - outside the education programme or activity, outside the severe-pervasive-objectively-offensive standard, or simply not what the provision describes. That argument is made on the evidence, in this document.
Numbered requests, and why they matter.
End with specific numbered requests for further investigative steps. If they are granted, the investigation improves. If they are refused, the refusal is on the record with a date, and the appeal ground is built. Either outcome is better than the alternative, which is a response containing no requests and therefore generating no record.
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.
