Title IX Attorney in Syracuse, NY

A Title IX attorney protects students accused of sexual misconduct in a college disciplinary case, from the first notice through the hearing and appeal. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. We help New York students. Call 315-424-8326 for a free consultation.

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A Title IX Defense Attorney Who Knows How These Cases Are Built

You got the email from your school’s Title IX office. What you do in the next few days matters.

A Title IX case is not a criminal case, but it can cost you just as much. A finding of responsibility can mean suspension, expulsion, a permanent note on your transcript and a lost scholarship. In New York, a suspension or expulsion for certain conduct must be noted on your transcript. Graduate schools, law and medical schools, the military and many employers ask about school discipline.

The school process also moves fast and plays by its own rules. The standard of proof is usually lower than in court. You may be asked to give a statement within days. And anything you say to an investigator can end up with the police or the Onondaga County District Attorney’s Office.

That is why the first call matters. A Title IX lawyer can tell you whether to give a statement, help you gather evidence while it still exists, and prepare you for questions before your interview. At the hearing, your advisor can cross-examine witnesses for you.

Melissa K. Swartz leads our Title IX and university discipline work. She is a former Onondaga County prosecutor who now handles trial, appellate and post-conviction defense in state and federal court. She has represented students in Syracuse University disciplinary cases, including four students who were exonerated. Because our team is made up of former prosecutors, we can also protect you if police or prosecutors get involved.

Got a Title IX notice? Do these five things now

Read the notice and write down every deadline.

It should list the allegations, the policy you are accused of breaking and the date of any meeting.

Don’t contact the person who complained.

Not by text, social media or through friends. Even a friendly message can lead to a retaliation or no-contact charge. Follow any no-contact order exactly.

Don’t give a statement yet.

Don’t meet with the investigator, campus police or city police until you have talked to a lawyer. You can ask the school to reschedule. (Read more: why speaking to police without a lawyer is risky.)

Save everything

Keep texts, DMs, Snapchat and Instagram messages, photos, ride-share receipts, card swipes and the names of people who saw you that night. Don’t delete anything, even if it looks bad.

Call a Title IX attorney

Call 315-424-8326 for a free, confidential consultation. Parents are welcome to join with the student’s permission.

Can I have a lawyer in a Title IX case?

Yes. Under the federal rule, both sides may bring an advisor of their choice, and that advisor can be a lawyer. New York law also gives students the right to an advisor of their choice at every meeting and hearing. At a college hearing, your advisor asks the other side’s witnesses questions on your behalf. Schools may limit what an advisor can say outside of cross-examination, so preparation matters.

What does a Title IX case cover?

Title IX is a federal law that bans sex discrimination in schools that get federal money. In discipline cases, it covers sexual harassment, which the federal rule defines as quid pro quo conduct by an employee, unwelcome conduct that is severe, pervasive and objectively offensive, sexual assault, dating violence, domestic violence and stalking. Schools often charge similar conduct under their own student code even when it falls outside Title IX. We defend both kinds of case.

How is a Title IX hearing different from a criminal trial?

A university disciplinary hearing is run by the school, not a court. There is no judge, no jury and no right to a free lawyer. The school decides using its own standard of proof, which is usually “preponderance of the evidence” (more likely than not) and sometimes “clear and convincing evidence”. That is far lower than “beyond a reasonable doubt.” You can be found responsible even if no charges are ever filed.

Do New York's rules add anything?

Yes. New York’s “Enough is Enough” law (Education Law Article 129-B) applies to every college in the state, public and private. It sets a definition of affirmative consent: a knowing, voluntary and mutual decision to engage in sexual activity, which can be withdrawn at any time. It also gives students a bill of rights, the right to an advisor, and rules about transcript notations after a suspension or expulsion. Your defense has to answer both the federal rule and New York’s.

How Our Title IX Defense Lawyer Builds Your Case

Every Title IX case turns on the record the school builds. We work to shape that record from day one:

The notice. Does it give enough detail to respond? Vague notices can be challenged before the investigation goes further.

Jurisdiction. Did the conduct happen in the school’s program or activity, in the United States? If not, it may fall outside Title IX, though the school’s own code may still apply.

Your evidence, gathered early. Messages, location data, video, card swipes and witnesses who saw you before and after. Evidence disappears quickly on campus.

Consent and incapacity. Many cases turn on whether consent was given and whether someone was incapacitated. We test what each witness actually saw against New York’s affirmative-consent definition.

The evidence file and the report. You have the right to review the evidence and respond to the investigative report, usually within 10 days each. We write responses that point out gaps and bias.

Cross-examination. At the hearing, we prepare and, where the school allows, conduct cross-examination to test credibility and timelines.

Conflicts of interest and bias. Investigators and decision-makers must be trained and free of bias. We document problems for appeal.

The criminal side. If police are involved, we decide with you whether to testify at all, so a school statement doesn’t become evidence in a criminal case.

Title IX and University Discipline Sanctions: What's at Stake

Each school sets its own sanctions in its student code. These are the outcomes students most often face.

Campus Disciplinary Sanctions

Swipe to see all columns →

Sanction	What it means	How long it can follow you
Warning or reprimand	A written finding in your conduct file	Usually internal; may need to be disclosed on some applications
Disciplinary probation	Conditions for a set time; any new violation can lead to suspension	Through the probation period
No-contact order	You may not contact the other student, directly or through others	Often for the rest of your time at school
Housing removal / campus ban	Loss of on-campus housing or access to buildings, events or the whole campus	Set by the school
Loss of athletics, scholarship or leadership roles	Removal from a team, Greek life, student government or a funded program	Can be permanent
Suspension	Removal from school for a set time; credits and tuition may be lost	NY transcript notation for some conduct; can be removed no sooner than one year after the suspension ends
Expulsion	Permanent removal from the school	NY transcript notation for some conduct that cannot be removed
Degree withheld or revoked	The school withholds or takes back a degree	Permanent

In New York, a student who withdraws while conduct charges are pending for certain conduct may also get a transcript notation. Sources: 20 U.S.C. §1681; 34 C.F.R. Part 106; NY Education Law Article 129-B . This table is general information, not legal advice about your case.

Title IX Defense for Every Kind of Campus Case

Students in Central New York come to us at every stage, often after the case has already started. These are the most common situations

Sexual misconduct and sexual assault allegations

The most serious campus cases. They often depend on consent, alcohol and memory, and they may also be reported to police. A title IX sexual misconduct defense attorney has to handle the school case without hurting you in a possible criminal case. If you have been charged with a crime, see our sex crimes defense page.

Dating violence, domestic violence and stalking

These are covered by the federal rule and by most student codes. They often come with a no-contact order, and sometimes with an order of protection from a court. If you are accused of violating a court order, read about criminal contempt defense.

Sexual harassment and online conduct

Messages, group chats, photos and social media posts can lead to harassment charges. We look at the full conversation, not just the screenshots the school was given.

Student-athletes and scholarship students

A student athlete title IX defense attorney has to move fast. Teams can suspend you before the school decides anything, and scholarships, eligibility and transfer plans are on the line.

Fraternities, sororities and student organizations

Group cases can lead to charges against many members and the whole chapter. Our attorney has represented students in a Syracuse University case against a fraternity in which four students were exonerated.

Interim suspension and emergency removal

A school can remove a student before the case ends if it finds an immediate threat to health or safety, but it must give notice and a chance to challenge the removal right away. These decisions can be contested quickly.

Code of conduct cases outside Title IX

Many cases are charged under the student code instead of Title IX, with different rules and sometimes fewer protections. Alcohol, drug, theft and assault-related cases fall here too. A student discipline lawyer can tell you which rules apply.

Hearing date set?

Bring your notice and your school’s policy to a free consultation. We’ll walk you through every step.

How a Title IX Investigation Works at Syracuse-Area Colleges

Each school’s policy controls the details, but at colleges such as Syracuse University, SUNY ESF, Le Moyne College, Onondaga Community College, SUNY Oswego and Cayuga Community College, a formal Title IX case usually follows these steps under the federal rule.

Report and formal complaint

Someone reports conduct to the Title IX coordinator. A formal complaint starts the grievance process.

Written notice to you

You get notice of the allegations, the policy involved and your right to an advisor. You are presumed not responsible until the process ends.

Supportive and interim measures

The school may issue a mutual no-contact order or change class or housing schedules. In some cases it may remove a student on an emergency basis.

Investigation

An investigator interviews both sides and witnesses and collects evidence. You can offer witnesses and evidence too.

Evidence review.

Both sides get to see the evidence and usually have 10 days to respond in writing.

Investigative report.

The investigator writes a report. You usually get at least 10 days to respond before the hearing.

Live hearing.

At colleges, a decision-maker holds a live hearing. Advisors cross-examine the other side and witnesses. The parties can be in separate rooms.

Written decision and appeal.

The decision-maker issues a written decision with any sanctions. Both sides can appeal on set grounds, such as a procedural error, new evidence or bias.

Court review (Article 78)

In New York, a student can ask the Supreme Court to review a final college decision in an Article 78 proceeding, usually within four months. For a Syracuse University case, that is Onondaga County Supreme Court. Federal lawsuits under Title IX or the Constitution may also be possible in some cases

Informal resolution:

Many schools offer an agreed outcome without a hearing, if both sides agree in writing. It can be a good option, but it can also mean giving up rights. Talk to a lawyer before you sign anything.

When police get involved at the same time

A campus report can also go to Syracuse University’s Department of Public Safety, the Syracuse Police Department, the Onondaga County Sheriff or State Police. A criminal case moves on its own track, with its own judge and prosecutor. In the City of Syracuse, an arrest is usually arraigned in Syracuse City Court, and felony cases go to Onondaga County Court. What you say in the school case can be used in the criminal case. Our former prosecutors plan both cases together so one doesn’t hurt the other. (Related: what to do after a criminal arrest in Syracuse.)

Collateral Consequences of a Title IX Finding

A finding of responsibility can follow you long after you leave campus

Transfer and graduate school

Many applications ask about school discipline. Law schools, medical schools and many graduate programs require full answers.

Your transcript.

In New York, some suspensions and expulsions must be noted on your transcript.

Jobs and licenses.

Teaching, nursing, law, the military, federal jobs and security clearances often ask about school discipline.

International students.

A suspension or expulsion can end F-1 or J-1 status. International students should talk to us, and to an immigration lawyer, before any interview or agreement.

Athletics and money

A finding can end your eligibility and your scholarship, and you may lose tuition you already paid.For non-citizens, many sex offenses are deportable. Talk to us before any plea.

A criminal case

Statements, evidence and findings can surface in a parallel criminal case. If you were charged, see our sex crimes defense page.

Your name online.

Campus news and social media can spread an accusation quickly. We keep the process as private as possible.Custody and visitation can be affected, even before the criminal case ends.

Title IX and University Discipline Results

Syracuse University v. Alpha Chi Rho

Four students exonerated in a Syracuse University disciplinary case.

LeQuint Allen v. Syracuse University

Handled by Melissa K. an Article 78 proceeding in state court challenging a Syracuse University decision.

Broadwater exoneration

Melissa K. Swartz was part of the work that cleared Anthony Broadwater, a case covered by The New York Times, and that led to a $5.5 million settlement.

Prior results do not guarantee a similar outcome.

MEET THE TEAM

Meet Our Title IX Attorneys

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. In a Title IX case, that means a team that knows how evidence is tested, how witnesses are questioned, and how a campus case can turn into a criminal one.

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

Hon. John V. Centra (Ret.)

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

Hon. John V. Centra (Ret.)

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

WHY CHOOSE US

Why Students Choose Our Title IX Defense Attorney

Real Syracuse University Results

Our attorney has represented students in SU disciplinary cases and in an Article 78 case against the university.

Former Prosecutors on Your Side

If police get involved, we protect you in the criminal case and the school case at the same time.

Federal and New York Rules

We know the 2020 federal rule and New York's Article 129-B, and we hold schools to both.

Free, Confidential Consultation

Call 315-424-8326 or send a message. Bring your notice and your school's policy.

AREAS WE SERVE

itle IX Defense in Syracuse & Across New York

Syracuse, NY

Downtown office at 300 South State Street. Students at Syracuse University, SUNY ESF, Le Moyne College and Onondaga Community College.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville families with students anywhere in New York.

Oswego (Oswego County)

Students at SUNY Oswego and Cayuga Community College in Auburn.

New York State

Video consultations for students and parents at colleges across New York

FAQS

Title IX Attorney FAQs

Should I get a lawyer for a Title IX investigation?

Yes, and as early as possible. The most important decisions, such as whether to give a statement and what evidence to save, come in the first days after the notice. A Title IX lawyer can prepare you for interviews, respond to the evidence and the report, and cross-examine witnesses at the hearing. Call 315-424-8326 for a free consultation.

Can a lawyer attend my Title IX hearing in New York?

Yes. Under the federal rule, you can choose an advisor, and that advisor can be a lawyer. New York’s Education Law Article 129-B also gives students the right to an advisor of their choice at meetings and hearings. At a college hearing, your advisor conducts cross-examination for you. Schools can set rules on what advisors may say at other times.

What standard of proof do schools use in Title IX cases?

Most schools use “preponderance of the evidence,” which means more likely than not. Some use “clear and convincing evidence.” The federal rule lets each school choose, but it must use the same standard for students and employees. Either way, it is much lower than “beyond a reasonable doubt,” so a student can be found responsible even without criminal charges.

How long does a Title IX investigation take?

It depends on the school and the case. Many investigations take two to four months from notice to a decision, and some take longer when there are many witnesses or a police investigation. Schools must give you at least 10 days to review the evidence and 10 days to respond to the report. An appeal adds more time.

Should I talk to the Title IX investigator before I have a lawyer?

No. Talk to a lawyer first. Your first statement is often the most important evidence in the case, and it may be shared with police. You can politely ask the school to reschedule while you get advice. A lawyer can help you decide whether to give a statement, a written response, or nothing at all.

Can a Title IX accusation lead to criminal charges in New York?

Yes. The same conduct can be reported to campus safety, the Syracuse Police Department or other police, and then to the District Attorney. The criminal case runs on its own track, in court, with a higher standard of proof. Statements made in the school case can be used in the criminal case, so both should be planned together.

Will a Title IX finding go on my transcript?

It can. Under New York’s Education Law, colleges must note some suspensions and expulsions for certain conduct on the transcript. A suspension notation can be removed no sooner than one year after the suspension ends, but an expulsion notation stays. A student who withdraws while charges are pending may also get a notation. Ask your lawyer which rules apply to you.

Can I appeal a Title IX decision?

Yes. Schools must offer an appeal on set grounds, such as a procedural error, new evidence or a conflict of interest, and the deadline is often short. After the school’s final decision, a New York student may be able to bring an Article 78 case in state court, usually within four months. Federal lawsuits are possible in some cases.

Which Title IX rules apply in 2026?

The 2020 federal Title IX regulations apply. A federal court struck down the 2024 rule in January 2025, and on September 29, 2026 the Department of Education formally restored the 2020 rule with small changes. Colleges in New York must also follow Education Law Article 129-B. Schools may still charge conduct outside Title IX under their own code.

How serious is a Title IX violation?

Very serious. A finding of responsibility can lead to suspension, expulsion, a transcript notation, a lost scholarship or a withheld degree. It can also affect transfers, graduate school, licenses and jobs, and the same facts can lead to criminal charges. Treat a Title IX notice like a criminal charge and call Cambareri & Brenneck at 315-424-8326.

Reviewed by Melissa K. Swartz, former Onondaga County Assistant District Attorney. Last updated October 2026

Free Confidential Consultation

Facing a Title IX or university discipline case? Tell us your school and any deadline in your notice. A member of our team will get back to you quickly. You can also call 315-424-8326.

Phone Number

315-424-8326

info@yourcriminaldefense.com

Locations

300 South State Street 1st Floor, Syracuse, NY 13202

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