Title IX Retaliation Claims: What Auburn Students Should Know

The decision to report sexual harassment, sexual assault, or any form of sex-based discrimination under Title IX is one of the most difficult a student can make. It takes immense courage to step forward. You trust that the system, and the individuals within it, will protect you. But what happens when, instead of support, you face hostility, punishment, or ostracism from the very people you reported or even from university officials?

What Is Title IX Retaliation?

Title IX retaliation is any “adverse action” taken against a person because they participated in a protected activity under Title IX. Let’s break that down. It is essentially a punishment or negative treatment that is directly linked to your involvement in a Title IX matter. The purpose of this protection is to ensure that students and employees are not afraid to report misconduct or participate in an investigation. Without these safeguards, the entire Title IX process would collapse, as people would be too intimidated to come forward.

Retaliation can come from various sources:

• The person you reported (the respondent)
• The respondent’s friends, teammates, or fraternity/sorority members
• Professors or faculty members
• Coaches or athletic department staff
• University administrators

The key is that the negative action would likely discourage a reasonable person from reporting or supporting a Title IX claim in the future.

What Is Considered a “Protected Activity”?

For a negative action to be considered retaliation, it must be in response to a “protected activity.” You do not have to be the person who was harassed or assaulted to be protected. The shield of Title IX covers anyone who participates in the process.

Common protected activities at Auburn University include:

• Filing a Title IX complaint as the person who experienced the misconduct (the complainant).
• Being named as the person who allegedly caused harm in a complaint (the respondent).
• Serving as a witness in a Title IX investigation.
• Providing evidence (such as emails, text messages, or testimony) related to a complaint.
• Encouraging someone else to report a Title IX violation.
• Assisting someone through the Title IX process, such as being an advisor.
• Resisting or objecting to conduct that you reasonably believe is sex-based discrimination.

It is important to note that you are protected even if the initial complaint is ultimately found to be unsubstantiated. As long as you participated in the process in good faith, you cannot be punished for it.

What Are Examples of Retaliatory “Adverse Actions”?

An adverse action is not just any unpleasant interaction. It must be something significant enough that it could deter a reasonable person from exercising their Title IX rights. This can range from overt punishment to more subtle forms of mistreatment.

Here are common examples of adverse actions we see in a university setting:

• Academic Penalties: A professor suddenly lowering your grade, failing you on an assignment, or giving you a negative recommendation for graduate school after learning of your involvement in a Title IX case.
• Athletic Sanctions: A coach reducing your playing time, threatening to revoke your scholarship, or dismissing you from the team.
• Disciplinary Action: The university bringing unrelated or fabricated code of conduct charges against you as a way to punish you for your Title IX participation.
• Social Ostracism and Harassment: Being publicly shamed, bullied, or threatened by other students, either online through social media or in person. This can include being excluded from study groups, social events, or team activities.
• Housing Changes: Being involuntarily moved from your dorm or having your housing assignment changed to a less desirable location.
• Loss of Campus Employment: Having your hours cut or being fired from a campus job.
• Intimidation or Threats: Any action or communication designed to frighten you into dropping a complaint or changing your story.

These actions create a hostile environment that fundamentally interferes with your ability to get the education you are paying for.

How Does Auburn University Handle Retaliation Claims?

When you believe you are experiencing retaliation, it is essential to document everything and report it promptly. The process is similar to initiating any other Title IX complaint.

• The Initial Report: You should report the suspected retaliation to Auburn’s Title IX Coordinator. This is a separate issue from the original complaint of sexual misconduct. The university is obligated to investigate your retaliation claim independently.
• The Investigation: The Office of Affirmative Action/Equal Employment Opportunity (AA/EEO) will likely conduct an investigation. This involves interviewing you, the person you accuse of retaliating, and any potential witnesses. They will also gather evidence such as emails, text messages, grade reports, or social media posts.
• Interim Measures: While the investigation is pending, the university can and should take immediate steps to stop the alleged retaliation and prevent it from happening again. This could include issuing a “No Contact Order” or making academic or housing adjustments.
• The Finding: At the end of the investigation, the university will determine whether it is more likely than not that retaliation occurred. If they find that it did, they will impose sanctions on the person responsible.

It is important to remember that the university’s internal process is administrative, not legal. The standards of evidence and procedure are different from a court of law.

What Should You Do If You Suspect Retaliation?

Facing retaliation can be an incredibly disempowering experience. Taking deliberate, strategic steps is the best way to protect yourself and hold the responsible parties accountable.

• Document Everything: This is the single most important action you can take. Keep a detailed log of every incident, including the date, time, location, what happened, and who was involved. Save all emails, text messages, and social media posts. If the retaliation is verbal, make a note of what was said immediately after the conversation.
• Report the Behavior: Formally report the incidents to the Title IX Coordinator at Auburn. Do not assume they are aware of the situation. A formal report triggers the university’s legal obligation to investigate and respond.
• Do Not Engage: Avoid confronting the person you believe is retaliating against you. Let the university’s formal process handle the situation. Engaging directly can sometimes escalate the behavior or muddy the waters of your complaint.
• Preserve Evidence: Make backups of all your documentation. Save screenshots, download messages, and keep a physical and digital copy of your log. Evidence can disappear, so it is vital to secure it early.

How Do You Prove a Retaliation Claim?

Successfully proving a retaliation claim requires connecting the dots between your protected activity and the adverse action you experienced. There are generally three key elements you must demonstrate:

• You engaged in a protected activity: You must show that you filed a complaint, served as a witness, or otherwise participated in a Title IX matter.
• You suffered an adverse action: You must provide evidence of the negative treatment, whether it was a failing grade, removal from a team, or ongoing harassment.
• There is a causal link between the two: This is often the most challenging part. You need to show that the adverse action happened because of your protected activity.

Causation can be shown in several ways. The most common is timing. If a professor gives you an “F” the day after they were interviewed for your Title IX case, that creates a strong inference of retaliation. Other evidence can include statements made by the retaliator, a pattern of antagonism that began only after your Title IX involvement, or showing that you were treated differently than others who were not involved in the case.

Navigating the Complexities of a Title IX Case

A Title IX retaliation claim adds another layer of complexity to an already challenging situation. You are not only dealing with the underlying issue of sexual misconduct but also a separate charge that requires its own evidence and strategy. The university’s procedures can be confusing, the timelines are often short, and the stakes for your academic career are incredibly high.

An accusation of retaliation is a serious matter that the university is legally required to address. Having a knowledgeable advisor to help you navigate the process, organize your evidence, and prepare your statements can be invaluable. It ensures that your side of the story is presented clearly and effectively, and that your rights under Title IX are fully protected.

Protect Your Rights and Your Education

If you are an Auburn student involved in a Title IX matter and believe you are the target of retaliation, you do not have to face it alone. The process is intricate, and a misstep can have lasting consequences for your education and future. A carefully prepared response is vital. 

At Vaughn Defense, we have experience guiding students through the complexities of university disciplinary proceedings, including Title IX investigations and retaliation claims. We are dedicated to ensuring that the process is fair and that your rights are protected every step of the way. Our objective is to seek outcomes that are just and safeguard your academic future. 

If you are facing this difficult situation, contact us today at (334) 232-9392 for a personalized consultation to discuss the specifics of your case and how we can assist.