An appeal is not a second hearing. It is a record argument.
A campus appeal is a narrow instrument. It is decided on the existing record by a reviewer who was not present, on grounds fixed in advance by regulation and policy. Understanding that shape is what separates an appeal that reverses from one that simply restates the defense in a more emphatic tone.
The three grounds.
The 2020 regulations require institutions to offer both parties an appeal on three bases: procedural irregularity that affected the outcome; new evidence that was not reasonably available at the time of the determination and could affect the outcome; and conflict of interest or bias on the part of the Title IX coordinator, investigator, or decision-maker that affected the outcome. Many policies add a fourth ground for disproportionate sanction, which is worth confirming in your handbook.
Why procedural irregularity is the workhorse.
It is the ground with the most available material, because institutions run these processes under time pressure with staff carrying other duties. Missed policy deadlines, notice that omitted the charged provision, evidence supplied late or incompletely, a decision-maker who also investigated, relevance rulings made without the required explanation, a determination letter that does not state the rationale - each is a candidate. The requirement is always twofold: identify the departure, and explain how it affected the outcome.
The evidentiary ceiling on new evidence.
New evidence must not have been reasonably available earlier. Material that existed and could have been obtained through diligence generally will not qualify, which is another reason preservation matters in the first week. Genuine examples do occur: a witness who surfaces afterward, a record the school possessed and did not produce, platform data recovered later.
Building the appeal before you need it.
Every ground is record-based, so the appeal is constructed during the process. That means objections in writing, relevance rulings stated and ruled on the record, withheld evidence identified by name and date, deadline breaches logged, and bias documented contemporaneously rather than characterised afterward. Respondents who arrive after a loss with nothing in the file are asking a reviewer to take their word for what went wrong, and reviewers do not.
And if the appeal fails.
The forum changes. For a New York public institution, an Article 78 petition seeks review of the determination as arbitrary and capricious - and the clock is four months. For a private institution, the handbook is a contract and the claim is that the school breached its own procedure. For public universities, federal due process claims are available, with Doe v. Purdue the leading authority for respondents. Title IX itself supports erroneous-outcome and selective-enforcement theories, both demanding particularity. Where expulsion is about to take effect, a preliminary injunction is measured in days. Each of these is a litigation matter, which is the reason we handle the campus process as trial lawyers from the outset.
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.
