Defending Against Title IX Stalking Allegations at Auburn

An official-looking email from the Auburn University Title IX Coordinator lands in your inbox. The subject line is serious, and as you read the formal language, the message becomes clear: you are the respondent in a Title IX complaint alleging stalking. At that moment, your entire academic career, your reputation, and your future prospects feel as if they are hanging by a thread. The pressure can be immense, and the path forward is often confusing.

Navigating the complexities of a university disciplinary process requires a composed and strategic approach. 

What Constitutes Stalking Under Auburn University’s Title IX Policy?

At Auburn, as at other universities, the definition of stalking under Title IX is specific and broad. It is not about a single, isolated incident. Instead, it is defined as a “course of conduct” directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. The key is to break down what these terms mean in a practical sense.

A “course of conduct” means two or more acts. These acts can include a wide range of behaviors, many of which are digital in nature. It is this pattern of behavior that forms the basis of the allegation. Examples of actions that could be interpreted as a course of conduct include:

• Unwanted Communication: Persistently calling, texting, emailing, or messaging on social media after being asked to stop.
• Monitoring and Surveillance: Following someone, waiting for them outside of class or their residence hall, or using social media and location-sharing apps to track their movements.
• Unwanted Appearances: Showing up at a person’s workplace, classes, or social gatherings without a legitimate reason.
• Spreading Rumors: Posting false or private information about someone online or offline.
• Unwanted Gifts: Sending or leaving gifts for someone who has indicated they do not want contact.
• Threats: Making direct or indirect threats of harm to the person, their family, friends, or property.

The standard is what a “reasonable person” would feel. This is an objective test, meaning the investigator will not only consider if the complainant felt fear but whether an average person in the same situation would also feel that way.

How Does a Title IX Investigation Differ From a Criminal Stalking Charge?

It is common for students to confuse the university’s process with a police investigation. While the underlying accusations might be similar, the procedures, standards of proof, and potential outcomes are vastly different. You can face a university investigation and a criminal investigation at the same time for the same alleged conduct.

• The Forum: A Title IX case is handled by the university’s administrative system. A criminal case is handled by the state or federal court system in Lee County.
• The Standard of Proof: This is the most significant difference. Title IX proceedings use a “preponderance of the evidence” standard. This means the hearing panel only needs to be 50.1% certain that the alleged stalking occurred. It is a “more likely than not” standard. In a criminal court, the prosecutor must prove the charge “beyond a reasonable doubt,” a much higher burden.
• The Consequences: A finding of responsibility in a Title IX case leads to academic sanctions. These can range from a formal reprimand to suspension or even permanent expulsion. A criminal conviction, on the other hand, results in legal penalties like fines, probation, or jail time, and creates a permanent criminal record that can affect employment and housing for life.

Because the burden of proof is so much lower in a Title IX hearing, evidence that might not be strong enough for a criminal conviction can be more than enough for the university to find you responsible.

What Are the First Steps to Take After Receiving a Notice?

The period immediately following the notice of an allegation is pivotal. Panic and confusion are normal reactions, but acting deliberately is your best defense. Avoid making impulsive decisions that could harm your case down the road.

• Read the Notice Carefully: Review the document to identify the specific allegations, the identity of the complainant, and any immediate interim measures, such as a No-Contact Order.
• Do Not Contact the Complainant: This is a direct order. Do not text, call, email, or attempt to speak with the other person or any potential witnesses. Any attempt at contact can be viewed as retaliation or witness intimidation, leading to separate and severe disciplinary charges.
• Do Not Delete Anything: The instinct to erase potentially embarrassing text messages, photos, or social media posts is a massive mistake. Deleting information can be interpreted as an admission of guilt or an attempt to obstruct the investigation. Preserve everything, good and bad.
• Preserve All Evidence Immediately: Begin collecting and saving every piece of information that could be relevant. The digital trail can fade quickly, so time is of the essence.
• Talk to a Knowledgeable Advisor: The university process is complex. An advisor or attorney with experience in Title IX cases can help you understand your rights, follow the correct procedures, and begin formulating a defense strategy.

What Types of Evidence Are Important in a Stalking Case?

A Title IX case is decided based on the information presented by both sides. An allegation is not proof. Your ability to provide a full, contextualized narrative depends entirely on the evidence you can gather. Think broadly and start saving everything immediately.

Digital Communications

This is often the most powerful form of evidence. Capture entire conversations to preserve context, not just individual messages.

• Text Messages: Take screenshots of all conversations from SMS, iMessage, WhatsApp, or other apps. Ensure the screenshots include the contact’s name and timestamps.
• Social Media Messages: Save all direct messages (DMs) from Instagram, Snapchat, Facebook Messenger, X, and other platforms.
• Emails: Search your university and personal email accounts for any relevant communication.
• Dating App Chats: If your interactions began on an app like Tinder or Bumble, save the entire chat history.

Electronic and Location Data

This data can provide a concrete timeline of your movements and activities.

• Phone Call Logs: Screenshot your incoming and outgoing call history.
• Location History: Your phone’s GPS data, like Google Timeline, can establish where you were at specific times.
• Ride-Sharing and Delivery Apps: Your history from Uber, Lyft, or DoorDash can provide timestamped proof of your location.
• Financial Records: Bank and credit card statements can show purchases that place you at a certain location.

Social Media and Witness Information

Context is everything. Information from social media and other people can help build a complete picture.

• The Complainant’s Public Profiles: Review and save any publicly available posts, photos, or comments that are relevant to their credibility or provide context to your relationship.
• Your Own Profiles: Save your posts, photos, and check-ins from the relevant time period.
• Witness List: Create a list of anyone who may have observed your interactions with the complainant, including friends, roommates, or classmates.

How Does Auburn University Investigate Title IX Stalking Claims?

While each case is unique, the Title IX process at Auburn generally follows a structured path.

• Initial Assessment: The Title IX Coordinator reviews the complaint to determine if it falls under the university’s jurisdiction.
• Investigation: An investigator is assigned to the case. This person is a neutral fact-finder who will interview you, the complainant, and any relevant witnesses. They will also collect and review all evidence, such as text messages, emails, and social media posts.
• Investigation Report: The investigator compiles all the evidence and witness statements into a report. You and your advisor will have an opportunity to review this report and submit a response.
• Live Hearing: The case proceeds to a live hearing before a decision-making panel. During the hearing, your advisor can ask questions of the complainant and other witnesses on your behalf. This cross-examination is a fundamental part of the process.
• Decision: The panel uses the “preponderance of the evidence” standard to determine whether you are responsible for violating the university’s stalking policy.
• Sanctions and Appeals: If you are found responsible, the university will impose sanctions. Both parties typically have the right to appeal the decision based on specific grounds, such as procedural errors or newly discovered evidence.

What Are Common Defenses Against Stalking Allegations?

Defending against a stalking allegation often involves providing context that has been stripped away from the complaint. The goal is to show the investigator and hearing panel a more complete and accurate version of events. Common defense strategies include:

• Providing Necessary Context: Communications that seem threatening in isolation may appear very different when viewed as part of a longer, ongoing conversation. Evidence of a consensual, albeit sometimes intense, relationship can counter the narrative that your actions were unwanted.
• Challenging the “Reasonable Person” Standard: The defense may argue that while the complainant may have felt fear, their fear was not objectively reasonable under the circumstances. This might involve showing a history of similar communication styles between both parties.
• Demonstrating Lack of Intent/Direction: In some cases, a strong defense involves showing that the conduct in question was not directed toward the complainant at all. Title IX focuses on how behavior impacts another person, but also on whether the behavior was actually aimed at them. Even if someone did not intend to cause fear or distress, a finding of responsibility can still occur if the complainant’s fear was reasonable based on how the conduct affected them. However, if the evidence shows that the actions were not directed at the complainant (for example, if the accused person did not even know the complainant was present or involved), that distinction can be critical. Showing that the conduct was not directed at the complainant can help demonstrate that any negative impact was incidental rather than targeted, which may weigh against a finding of responsibility.
• Questioning Credibility: If the complainant has made contradictory statements in text messages, on social media, or to different witnesses, these inconsistencies can be used to challenge their credibility.
• Establishing an Alternative Motive: In some cases, evidence may suggest the complaint was filed for a reason other than genuine fear, such as anger over a breakup or jealousy.

What Are the Potential Consequences of a Finding of Responsibility?

The sanctions for a Title IX violation are severe and can have a lasting impact on your life. They are not just a slap on the wrist; they become part of your permanent academic record and can derail your future.

Potential sanctions at Auburn may include:

• Permanent Expulsion: The most severe outcome, ending your academic career at the university.
• Suspension: A temporary removal from the university for one or more semesters.
• Disciplinary Probation: A period of heightened scrutiny where any further violation could lead to suspension or expulsion.
• Transcript Notation: A permanent mark on your academic transcript indicating a disciplinary violation, which must be disclosed when applying to other schools or for certain jobs.
• Loss of Campus Housing and Scholarships: You may be removed from university housing and lose any financial aid.
• No-Contact Orders: A permanent directive forbidding any contact with the complainant.

These consequences can create significant hurdles for transferring to another university, attending graduate school, or securing employment in fields that require background checks.

How Can a Title IX Advisor Help Your Case?

Facing a Title IX investigation alone is an overwhelming prospect. The university has a team of trained professionals managing its process. Having an experienced advisor on your side helps level the playing field and protects your rights.

An advisor’s role includes:

• Navigating the Process: Explaining each step of the investigation and hearing so you know what to expect.
• Preserving Evidence: Guiding you on what information to collect and how to preserve it in a credible manner.
• Developing Strategy: Analyzing the allegations and evidence to build a coherent defense narrative.
• Preparing for Interviews: Helping you prepare to answer the investigator’s questions clearly and accurately.
• Conducting Cross-Examination: Skillfully questioning the complainant and witnesses during the live hearing to highlight inconsistencies and elicit favorable testimony.
• Ensuring Fairness: Holding the university accountable for following its own policies and procedures, protecting your right to due process.

Protect Your Future with a Methodical Defense

A Title IX stalking allegation at Auburn University is a serious matter that can jeopardize everything you have worked toward. The administrative process is intimidating, and the stakes are exceptionally high. The foundation of a fair process and a strong defense is built upon the evidence. If you have been named as a respondent in a Title IX case at Auburn, the clock is already ticking. Your ability to preserve the evidence that could shape your future diminishes with each passing day. We are here to provide clear guidance and advocate for your rights through every stage of this difficult process. 

Contact Vaughn Defense today at (334) 232-9392 for a confidential consultation to discuss your case.