College Student Sexual Harassment & Misconduct
You just got the email from your university’s Title IX coordinator – someone filed a report alleging you engaged in sexual harassment or sexual misconduct. You’re terrified. Your entire future is on the line. Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending students in Title IX proceedings and the criminal charges that often follow. We’ve represented clients in high-profile cases covered by major media outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial. The campus “justice” system is rigged against accused students from the start. You need a Title IX defense attorney NOW – not when the hearing is scheduled, but right now before you say anything to anyone.
You Got the Title IX Email – What Actually Happens in the Next 30 Days
Day 0-3: The email arrives. “A report has been filed alleging you engaged in sexual harassment or sexual misconduct.” It’s deliberately vague – doesn’t tell you who filed, what specifically you’re accused of, or when this allegedly happened. You’re issued an immediate no-contact order. Some students face interim suspension before any investigation even starts. At this point, you’re already being treated as guilty.
Week 1-2: The Title IX investigator reaches out to schedule an interview. They use pressure tactics – “it will look bad if you don’t cooperate,” “this is your chance to tell your side.” This is where most students make the CRITICAL MISTAKE: they talk without an attorney present. Every statement gets twisted in the report. You say “we were both drinking” – the report says “Respondent admits complainant was intoxicated and unable to consent.” The investigator is not neutral. They’re building a case against you.
Week 2-4: You receive the investigative report. It’s 30-50+ pages. The report is almost always biased against the accused student. Exculpatory evidence gets minimized or excluded entirely. You typically have only 10 days to respond – 10 days to find an attorney, review the report, identify inaccuracies, gather contradicting evidence, and submit a written response. Most students can’t do this effectively without legal help.
Week 4-6: You’re notified that a campus hearing is scheduled. Under 2025 rules following the federal court’s vacatur of the 2024 Title IX regulations, many schools have eliminated your right to cross-examine your accuser. Some schools use the “single investigator” model where the same person who investigated your case now decides whether you’re “responsible.” You may not have the right to have an attorney speak on your behalf.
Why the Campus “Justice” System is Rigged Against Accused Students
The single investigator model is a massive conflict of interest. The same person who investigates your case also decides whether you’re guilty and what punishment you receive. Imagine a criminal prosecutor who also serves as the judge and jury – that’s what universities are doing to students. There’s no separation between investigation and adjudication. Federal pressure from the Office for Civil Rights creates an environment where universities are terrified of being accused of protecting “rapists,” so they over-enforce Title IX to avoid federal investigation and loss of funding.
No real right to cross-examination. The Constitution’s Confrontation Clause guarantees criminal defendants the right to confront witnesses, Title IX proceedings deny you this fundamental right. You can’t question your accuser, can’t point out inconsistencies in their story. Your accuser’s statement is taken as credible while yours is viewed skeptically.
The burden of proof is a coin flip. “Preponderance of evidence” means 50.1% likelihood. The campus climate of “believe survivors” means the coin is weighted against you before it’s even flipped.
No legal standards of evidence. Hearsay allowed. In criminal court second-hand statements would be excluded, in Title IX proceedings hearsay forms the bulk of evidence against you.
The Critical Mistakes Students Make in the First Week That Destroy Their Defense
Mistake #1: Talking to the Title IX investigator without an attorney. Students think “I’ll just tell the truth.” The investigator is not your friend. Everything you say will be twisted. You say “we were both drinking” – the report says “Respondent admits Complainant consumed alcohol, which impaired capacity to consent.” You can’t unsay what you’ve already said. An attorney would have advised you not to participate or controlled what information you provided.
Mistake #2: Turning over evidence without attorney review. Students hand over phones and texts thinking this proves their innocence. The investigator cherry-picks what helps the complainant. You have 500 text messages showing a consensual relationship. The investigator includes only the 3 that could be read as pushy. An attorney would have reviewed evidence first and controlled what gets turned over.
Mistake #3: Waiting to get an attorney “until it gets serious.” By the time the hearing is scheduled, critical evidence is gone. Text messages auto-delete after 30 days. Witnesses forget details. The investigative report is already written against you. An attorney hired in the first week preserves evidence immediately and prevents you from making statements that destroy your defense.
Mistake #4: Thinking “the truth will come out.” Universities are under enormous pressure to find accused students responsible. If they don’t, they face federal investigations and campus protests.
Why You Need a Title IX Defense Attorney Right Now – Not Next Week, Not After the Investigation, But TODAY
Evidence preservation window is NOW. Text messages proving consent, social media posts, photos from the night in question, witness statements – all degrading every day you wait. Messages auto-delete. Posts disappear. Witnesses forget. An attorney preserves digital evidence properly – forensic screenshots with metadata, affidavits. That sexting conversation that proves consent? Auto-deletes in 30 days. Instagram stories? Gone in 24 hours.
Statements you’ve already made can’t be taken back. If you talked to the investigator, an attorney can prevent you from making it worse. An attorney evaluates whether continued participation helps or hurts. Usually it hurts. In most cases, the strategic move is to invoke your rights and decline further participation.
Dual proceedings require coordinated strategy. Many Title IX cases result in simultaneous criminal charges. Anything you say in the Title IX proceeding can be used against you criminally. You need an attorney who handles BOTH. Spodek Law Group has extensive experience with dual proceedings. We prevent you from saying things in your campus hearing that become confessions in a criminal prosecution.
Procedural rights must be asserted early or they’re lost forever. You have the right to challenge biased panel members – but must assert it in writing before the hearing. You have the right to review all evidence – but the deadline is often buried in policy documents. Students miss deadlines. Once passed, the right is gone. An attorney knows your school’s procedures, knows every deadline, and ensures nothing is missed. Some states like Utah have passed laws guaranteeing attorney participation in Title IX hearings.
Spodek Law Group handles both Title IX AND criminal defense. Our managing partner, Todd Spodek, is a second-generation attorney who has many, many, years of experience in both criminal defense and Title IX cases. We’re former prosecutors – we know how the system works from the inside. We’ve handled high-profile cases covered by NY Post, Newsweek, Fox 5, and Business Insider. We represented Anna Delvey in her nationally-publicized trial and handled juror misconduct allegations in the Ghislaine Maxwell case. Unlike campus-area lawyers with ongoing university relationships, we’re completely independent – focused entirely on aggressive defense of YOUR constitutional rights. We’re available 24/7 for crisis situations. If you got the Title IX email Friday night, call NOW.
Your Next Move
Don’t talk to the Title IX investigator. Don’t hand over your phone. Don’t give them access to your social media or emails. Don’t participate in any interviews without an attorney present. Don’t think you can handle this yourself. Don’t wait to “see what happens.” Call Spodek Law Group at 212-300-5196 before you do anything else. We offer risk-free consultations. We’re available 24/7. Your entire future – your education, your career, your professional licensure, your freedom – depends on what you do in the next 24 hours. Don’t let a rigged system destroy your life because you waited too long to get proper legal representation.