24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

TITLE IX CHANGES AND HOW THEY CAN AFFECT RESPONDENTS Lawyers

Title IX Changes and How They Can Affect Respondents

Title IX is a federal law that prohibits sex discrimination in education. It covers areas like athletics, recruitment, admissions, financial aid, and sexual harassment and assault. Over the years, there have been some big changes to how colleges and universities handle sexual misconduct under Title IX—and these changes can have a major impact on the rights of both complainants (the alleged victims) and respondents (the alleged perpetrators).

In 2011, the Obama administration issued guidance that told schools to use a “preponderance of the evidence” standard when investigating sexual misconduct cases. This lowered the burden of proof from the “clear and convincing” standard that many schools had been using. Victim advocates said this would help hold more perpetrators accountable, but critics argued it tilted the scales and undermined due process rights for accused students.

Then in 2017, the Trump administration rescinded that Obama-era guidance. New interim rules were released allowing schools to use either the “preponderance of the evidence” or “clear and convincing” standard. The DeVos administration argued this would restore balance and fairness in the Title IX process. They also emphasized the need for due process protections for respondents, like the right to cross-examine accusers.

The 2020 Title IX Regulations

In May 2020, after a lengthy public comment period, the DeVos Department of Education issued official new Title IX rules. Some of the most significant changes included:

  • Narrowing the definition of sexual harassment to mean behavior that is “severe, pervasive, and objectively offensive.”
  • Requiring live hearings with cross-examination for sexual misconduct cases at colleges and universities.
  • Letting schools use either the “preponderance of the evidence” or “clear and convincing evidence” standard.
  • Adding more due process protections for respondents, like written notice of allegations and the right to submit evidence.

Victim advocates worried these changes would deter reporting and allow more perpetrators to go unpunished. But civil liberties groups argued the new rules struck a fair balance between complainant and respondent rights. Still, the regulations were challenged in court, though ultimately upheld.

The Biden Administration’s Proposed Amendments

In June 2022, the Biden administration announced they were planning to overhaul the 2020 Title IX rules. Their proposed amendments include:

  • Broadening the definition of sexual harassment back to “unwelcome conduct that is so severe, pervasive, or objectively offensive that it effectively denies a person equal access to education.”
  • Removing the requirement for live cross-examination at hearings.
  • Allowing schools to use informal resolution options like mediation if both parties consent.
  • Requiring schools to offer supportive measures to complainants, not just respondents.

The Department of Education argues these changes will help address the “chilling effect” of the 2020 regulations and make campuses safer and more inclusive. They say the rules went too far in protecting respondent rights at the expense of complainant rights. But critics argue the amendments swing the pendulum back too far in the other direction, undermining due process.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

The proposed rules were set to take effect in August 2023, but implementation has now been delayed to October 2024. This allows time for further review and more public input. Until the amendments are finalized, the 2020 regulations remain in place.

How Title IX Changes Can Affect Respondents

For college students or staff accused of sexual misconduct, the evolving Title IX landscape can be confusing. Here are some key ways the changes may impact respondents:

Definition of Sexual Harassment

A narrower definition of sexual harassment makes it less likely for allegations to fall under Title IX and trigger an investigation. But a broader definition widens the range of cases covered. Respondents may face Title IX probes for a wider array of allegations.

Standard of Evidence

A lower standard like “preponderance of the evidence” makes it easier to find respondents responsible in Title IX cases. But allowing schools to use “clear and convincing evidence” sets a higher bar for establishing guilt.

Due Process Protections

More due process rights, like cross-examination, help respondents defend themselves in Title IX proceedings. Removing some protections shifts the balance toward complainant rights.

Informal Resolution

Options like mediation can resolve cases more quickly and confidentially. But critics argue informal resolution lets schools dispose of cases too easily without adequate accountability.

Supportive Measures

Requiring schools to offer supportive measures to both parties helps ensure respondents aren’t unfairly punished before a finding of responsibility. Restricting these measures to complainants provides less protection.

Bottom line: Title IX rights and protections for both complainants and respondents remain controversial and in flux. For anyone involved in a Title IX investigation, it’s critical to have experienced legal counsel to navigate the complex, high-stakes process.

The Role of a Title IX Lawyer

Here are some of the key ways a Title IX lawyer can help protect respondents’ rights and interests:

  • Reviewing and responding to the formal complaint and other documents
  • Advising on defense strategies and gathering exculpatory evidence
  • Negotiating for supportive measures like counseling or academic accommodations
  • Cross-examining witnesses and challenging inconsistencies during hearings
  • Ensuring proper procedures are followed throughout the process
  • Appealing unfavorable rulings
  • Guiding respondents to cooperate fully while avoiding self-incrimination
  • Helping minimize sanctions and clear student records if found responsible

Navigating a Title IX investigation is complex and high stakes. Even if ultimately cleared, respondents can face damage to reputation, mental health, and future education and career prospects. Having an experienced attorney protects rights and improves outcomes.

Title IX and sexual misconduct policies are constantly evolving. Anyone accused of violations needs knowledgeable legal counsel to secure a fair process and just result. Don’t hesitate to consult an attorney specializing in Title IX defense.

References:

https://www.duffylawct.com/title-ix/respondent-changes/

https://www.duffylawct.com/whats-the-impact-of-title-ix/

https://www.law.com/2023/06/09/new-wave-of-litigation-expected-on-proposed-title-ix-changes-now-delayed-until-october/

https://studentdefense.kjk.com/title-ix-lawyer/

https://www2.ed.gov/about/offices/list/ocr/docs/t9nprm-factsheet.pdf

https://www2.ed.gov/about/offices/list/ocr/docs/202107-qa-titleix.pdf

Schedule Your Consultation Now