Title IX and Student Athletes: Unique Challenges and Considerations

When a Title IX allegation arises at Auburn University involving a student athlete, the complexities of the university’s policies intersect with the demanding world of collegiate athletics. The stakes are exceptionally high, not only for the student athlete’s academic standing and personal reputation but also for their athletic career, potential scholarships, and future professional prospects. These cases demand a nuanced approach, acknowledging the unique pressures and structures inherent in university sports programs.

The Interplay of Title IX and Collegiate Athletics at Auburn University

Title IX, a federal civil rights law, prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. This includes collegiate athletic programs. For student athletes at Auburn University, Title IX protects them from discrimination, including sexual harassment and sexual violence. When an allegation surfaces, it triggers a formal university process designed to investigate and resolve the matter. However, the involvement of student athletes introduces additional layers of complexity due to their unique relationship with the university and their teams.

Dual Roles and Responsibilities

Student athletes at Auburn University navigate a dual role: they are students subject to the university’s Code of Conduct and Title IX policies, and they are athletes governed by NCAA regulations, conference rules, and team-specific guidelines. A Title IX allegation can therefore trigger parallel processes or immediate interim measures that impact both academic and athletic participation. This dual oversight means a finding in one area can profoundly affect the other.

Public Scrutiny and Media Impact

Allegations involving student athletes, particularly those in high-profile sports, often attract significant public and media attention. This heightened scrutiny can complicate the investigation, potentially influencing perceptions and increasing the emotional and psychological toll on all parties. Managing this public aspect while focusing on the legal and administrative processes is a delicate balance.

Initial Steps and Interim Measures for Student Athletes at Auburn

Upon receiving a Title IX allegation, Auburn University is obligated to respond promptly. For student athletes, this initial phase often involves immediate decisions regarding their participation in team activities.

Notice of Allegations

The first formal step is typically a written notice of allegations. This document should clearly outline the alleged conduct, the specific Title IX policy sections violated, and the potential range of sanctions. For student athletes, this notice can be particularly jarring, as it often comes with immediate implications for their athletic involvement.

Interim Measures and Their Impact

Auburn University may implement interim measures to ensure the safety of all parties and to maintain the integrity of the investigation. For student athletes, these measures can be severe and include:

• Temporary removal from classes or university housing.
• No-contact orders with the complainant or other involved parties.
• Suspension from team practices, games, or travel.
• Revocation or suspension of athletic scholarships.

These measures are not findings of responsibility but can significantly disrupt a student athlete’s academic and athletic life. The university’s Title IX office, often in consultation with the athletic department, determines these measures, and while they can be challenged, doing so effectively requires a thorough grasp of university policy and the potential implications.

The Investigation Phase: Specific Considerations for Student Athletes

The investigation is the fact-gathering stage of the Title IX process. For student athletes, ensuring a fair and comprehensive investigation is paramount, given how closely their athletic careers are tied to their standing at the university.

Evidence Collection and Athletic Department Involvement

Investigators will gather evidence, which may include interviews with the complainant, respondent, and any witnesses, as well as reviewing relevant documents, communications, and digital evidence. For student athletes, this can extend to:

• Team rules and codes of conduct.
• Travel itineraries or team schedules that may serve as alibis or context.
• Statements from coaches, trainers, or teammates.

The involvement of athletic department personnel in the investigative process should be monitored to ensure it does not unduly influence the impartiality of the Title IX investigation.

Maintaining Academic and Athletic Eligibility

Throughout the investigation, student athletes must continue to meet academic requirements and, if allowed to participate, maintain their athletic commitments. The stress of a Title IX investigation can impact academic performance and mental well-being, which in turn can affect athletic eligibility and scholarship status. It is important to address these pressures and seek appropriate accommodations where possible.

The Role of Advisors and Advocates

Student athletes are permitted to have an advisor of their choice throughout the Title IX process. This advisor can be an attorney, a family member, or another trusted individual. For student athletes, an advisor who understands both Title IX law and the specific dynamics of collegiate athletics can be invaluable in:

• Helping them understand their rights and the university’s procedures.
• Assisting in preparing statements and identifying witnesses.
• Advising during interviews and hearings.
• Ensuring that all evidence is considered fairly.

Hearing and Determination: High Stakes for Athletic Futures

If a formal hearing is held at Auburn University, it is a critical juncture where the collected evidence is presented and a determination of responsibility is made. The outcome here can irrevocably alter a student athlete’s path.

Cross-Examination and Credibility

The 2020 Title IX regulations mandate that parties have the opportunity to ask questions of each other and witnesses, typically through their advisors, during a live hearing. For student athletes, this can be particularly challenging, as public speaking and performance are often part of their athletic identity, but the emotional intensity of a hearing is distinct. The credibility assessments made by the hearing officer or panel are central to the final determination.

Sanctions and Their Athletic Implications

If a student athlete is found responsible for a Title IX violation, the sanctions can range from disciplinary probation to suspension or expulsion. For student athletes, these sanctions almost invariably include:

• Loss of athletic scholarship.
• Ineligibility to compete in collegiate sports.
• Removal from the team.
• Potential impact on transfer eligibility or professional sports opportunities.

These consequences extend beyond academic punishment, directly impacting their chosen career path and financial support for their education. The severity of sanctions often depends on the nature of the violation and any prior disciplinary history.

Navigating Title IX Appeals: When and How to Challenge a Decision at Auburn University

When a determination is made in a Title IX case at Auburn University, the outcome can have profound implications for all parties involved. Whether you’re a complainant or respondent, the decision can significantly impact your academic career, personal life, and future prospects. When you believe a decision is incorrect or unjust, Auburn University’s appeal process offers a formal avenue to seek review and potentially alter that outcome.

Foundations for a Title IX Appeal at Auburn University

Not every unfavorable Title IX decision at Auburn University can be appealed. The university establishes specific grounds upon which an appeal may be based. Initiating an appeal requires more than mere dissatisfaction with the outcome; there must be a substantive reason, recognized by Auburn’s policies, to question the validity of the original decision.

According to Auburn University’s Title IX Sexual Harassment Policy, appeals are permitted on only three specific grounds:

• Procedural Irregularity: This refers to instances where Auburn University failed to follow its established Title IX procedures in a way that significantly impacted the outcome of the case. Examples could include not providing adequate notice of allegations, denying a party the opportunity to present relevant evidence, or failing to conduct a fair and impartial investigation. The key here is that the error must have been material enough to have potentially changed the result. Minor deviations that did not affect the fundamental fairness of the process are unlikely to suffice.
• New Evidence: An appeal may be warranted if new evidence has emerged that was not reasonably available at the time of the original investigation or hearing, and this evidence is significant enough that it could alter the outcome of the case. This is not an opportunity to re-litigate the entire case with evidence that was simply overlooked or withheld without good reason. The evidence must be genuinely new and relevant. For instance, a new witness coming forward or the discovery of previously inaccessible digital communications could qualify.
• Conflict of Interest or Bias: If there is evidence that Auburn University’s Title IX Coordinator, investigator, hearing officer, or administrative officer had a conflict of interest or exhibited bias that affected the outcome, this can be a valid ground for appeal. This requires demonstrating that the bias or conflict was real and had a tangible impact on the fairness of the proceedings.

The Mechanics of a Title IX Appeal at Auburn University

Once you have determined that valid grounds for an appeal exist, the next step involves navigating Auburn University’s specific appeal procedures. These processes are time-sensitive and require careful attention to detail. Missing a deadline or failing to submit required documentation can result in the forfeiture of your right to appeal, regardless of the merits of your case.

At Auburn University, the Title IX appeal process follows these specific steps:

Filing the Appeal: A party must file an appeal within seven (7) business days of receiving notice of dismissal, the hearing officer’s determination, or the administrative officer’s determination. This deadline is strictly enforced, and late appeals are typically dismissed without consideration of their merits. The appeal must be submitted in writing to Auburn’s Title IX Coordinator and must:

• Specifically identify the determination and/or dismissal being appealed.
• Clearly articulate which of the three grounds for appeal are being asserted.
• Explain in detail why the appealing party believes the appeal should be granted.
• Articulate what specific relief the appealing party seeks.

Initial Evaluation by the Title IX Coordinator: Upon receipt of an appeal, Auburn University’s Title IX Coordinator will conduct an initial evaluation to confirm that:

• The appeal was filed within the seven-business-day timeframe.
• The appeal invokes at least one of the permitted grounds for appeal.
  If the Title IX Coordinator determines that the appeal is not timely or fails to invoke a permitted ground, they will dismiss the appeal and provide written notice to all parties.

Notification to the Non-Appealing Party: If the appeal meets the basic requirements, the Title IX Coordinator will share the appeal with the other party and provide written notice that an appeal has been filed. The non-appealing party then has seven (7) business days to submit a written opposition to the appeal.

Appointment of the Appellate Panel: Auburn University’s Title IX Coordinator will appoint a three-member appellate panel to consider and resolve the appeal. This panel is separate from the original decision-makers to ensure an objective review.

Review and Decision: Upon receipt of any opposition (or after the time period for submission has passed without one being filed), the appeal panel will promptly decide the appeal. The panel will issue a written decision to the parties that explains the outcome and rationale. The appeal panel’s review is typically limited to the written documentation and does not involve new hearings or interviews. The panel focuses specifically on the grounds raised in the appeal rather than reconsidering the entire case.

Finality of the Decision: The determination of a Formal Complaint becomes final when:

• The time for appeal has passed with no party filing an appeal, or
• The appeal panel has resolved all appeals by either dismissal or written decision.
  Auburn University’s policy explicitly states that no further review beyond the appeal is permitted. The appellate panel’s decision is the final institutional action on the matter.

Crafting a Persuasive Appeal Document for Auburn University

The written appeal document is the cornerstone of your challenge to the Title IX decision. It must be clear, concise, and compelling, directly addressing the permissible grounds for appeal as outlined in Auburn University’s policies. A well-crafted appeal requires careful preparation and strategic presentation of your arguments and evidence.

Consider the following elements when preparing your appeal to Auburn University:

• Clearly Identify the Grounds for Appeal: Begin by explicitly stating which of Auburn’s three permitted grounds you are appealing under. For each ground, provide a distinct section in your appeal that focuses specifically on how that ground applies to your case.
• Present a Factual Narrative: Concisely recount the relevant facts of the case, focusing on those aspects that support your grounds for appeal. If appealing based on new evidence, clearly explain what the new evidence is, how it was discovered, why it was not available previously, and how it could change the outcome. If alleging a procedural error, detail the specific procedure that was violated and explain how this error impacted the outcome.
• Provide Supporting Evidence: Attach and reference any documentation that supports your claims. This could include emails, text messages, witness statements (if new and meeting the criteria), or sections of Auburn University’s policies. Clearly label all attachments and refer to them specifically in your written argument.
• Articulate Your Argument Logically: Connect the facts and evidence directly to the chosen grounds for appeal. Explain precisely how the new evidence would have likely changed the decision, or how the procedural error prejudiced your case. Avoid emotional language and stick to a reasoned, analytical tone. The argument should demonstrate a clear error or a significant piece of new information that warrants a different outcome.
• Reference Auburn University’s Policies: Where relevant, quote or cite the specific sections of Auburn University’s Title IX Sexual Harassment Policy or code of conduct that were allegedly violated or that support your interpretation of the grounds for appeal. This demonstrates that your appeal is rooted in the university’s own framework.
• State the Desired Outcome: Clearly state what you are asking the appellate panel to do. This might be to overturn the original finding, modify the sanctions, or remand the case for a new investigation or hearing due to procedural flaws.
• Professional Presentation: Ensure your appeal is well-written, free of grammatical errors and typos, and formatted in a clear and readable manner. A professional presentation reflects the seriousness with which you are treating the appeal.

Potential Outcomes Following an Appeal at Auburn University

Once Auburn University’s appellate panel has reviewed all submitted materials and deliberated, they will issue a formal written decision. The range of possible outcomes depends on the specific grounds upon which the appeal was based.

The common potential outcomes include:

• Affirmation of the Original Decision: The appellate panel may find that no grounds for appeal were met and uphold the original findings and sanctions. In this scenario, the initial decision stands as is. The written decision should explain the rationale for this conclusion.
• Reversal of the Original Decision: If the appellate panel finds that there was a significant procedural error, that new evidence would likely change the outcome, or that the original decision was clearly erroneous based on the evidence, they may overturn the original finding of responsibility. This could result in the case being dismissed or a finding of “not responsible.”
• Modification of Sanctions: In some instances, the appellate panel might uphold the finding of responsibility but determine that the sanctions imposed were disproportionate to the violation. In such cases, they may modify the sanctions, making them less or, in some rare instances, more severe.
• Remand for Further Proceedings: If the appeal reveals significant procedural errors or issues with the investigation that impacted the outcome but do not necessarily warrant an outright reversal, the appellate panel may remand (send back) the case to the original decision-maker or a new investigator/panel for further action. This could involve reopening the investigation to consider new evidence, correcting a procedural flaw, or conducting a new hearing.

The appellate decision is considered the final institutional action in the Title IX matter at Auburn University. It is important to carefully review the written decision to understand the reasoning and any next steps that may be required.

Contact Vaughn Defense for Guidance with Auburn University Title IX Appeals

The appeals stage of a Title IX proceeding at Auburn University presents a final opportunity within the educational institution to challenge a decision that can have lasting consequences. Successfully navigating this process requires a thorough knowledge of the applicable policies and a carefully constructed argument.

I’m Artie Vaughn, and I have represented numerous students at Auburn University in Title IX matters, including the appellate stage. If you have received a Title IX decision and are considering an appeal, or if the other party has appealed a decision in your case, I invite you to contact Vaughn Defense. An early consultation can help you assess your options and develop a strategy for moving forward. The sooner we can discuss the specifics of your situation, the better prepared you will be to address the Title IX appeal effectively. With Auburn University’s strict deadline for filing appeals, time is of the essence. 

Call my office at (334) 232-9392 or message us online to schedule a consultation and ensure your rights are protected throughout the Title IX appeal process.