Reporting & Investigation Options & Information
Reporting & Investigation Options & Information
You can report sexual misconduct to the police, the University, both, or neither. Campus and community resources are available if you wish to speak with someone about an incident and discuss your options for reporting. Reporting prohibited conduct to the University or law enforcement is a personal choice only you can make.
Reporting the incident as soon as possible—and, for sexual assault cases, having a SANE exam performed within 72 hours—is critical in preserving evidence and allowing law enforcement and the University to respond effectively, but you can report an incident at any time. You can report an incident to law enforcement before, during, or after an investigation or a resolution of the incident by the University. You have the right to decline to report the incident to law enforcement. If you decline, you can still access medical care, counseling, and other support from the University.
We hope you will consider reporting any incident to the police. While there is no way to change what has happened, you have the right to seek justice, but the decision to report or not is yours to make. You are not legally obligated to report, and Auburn University will support your decision.
If you think you might want to pursue prosecution but are still unsure, we recommend that you request a SANE exam and make the police report right away, while the evidence is still present and your memory is detailed. We urge you to preserve any evidence that might be relevant to the incident, including your clothing, bed linens, photographs, social media posts, text messages, or other information related to the incident. If you have a SANE exam but choose not to make an immediate police report, the hospital or medical clinic will store the SANE examination materials for up to 90 days so they can still be matched to a police report if you file one during that time. If you file a police report, in most cases, the police will come to you and take a statement about what occurred. In addition, police may ask to examine the scene and collect bedding, clothing, or other items as physical evidence.
The police interview may take several hours, depending on the circumstances. Some questions will probably feel intrusive, and the officer will likely go over the details several times. The extensive questioning is not because the police do not believe you but because it is their job to write every detail down precisely. Due to the traumatic effect of sexual assault on survivors, multiple interviews may be required to get all the pertinent details. This is not unusual, and investigators are trained to expect gaps in memory due to trauma immediately after the assault. Investigators understand that as time passes, additional memories may become clearer. Throughout the process, law enforcement officials will keep you aware of the progress of your case.
The District Attorney will decide whether to pursue prosecution; however, it is unusual for cases to proceed without the cooperation of the victim. Reporting the incident to law enforcement does not obligate you to cooperate with any criminal prosecution. If prosecution is pursued, the chance of success will be much higher if you reported and allowed evidence to be collected. If you report the incident to the police, they will contact the Title IX office and a University official will reach out to you regarding support, information, additional resources, and procedures that the University has in place to address these types of incidents. The police will also provide you with a list of available resources and offer to contact a Safe Harbor or community advocate to be present during your questioning if you choose.
Reporting sexual misconduct to the University empowers you to obtain the care and support you need and enables the University to respond appropriately, including conducting an equitable investigation. To report an incident of sexual misconduct to the Title IX Office, you can call 334-844-4794, submit a report online, or email the Title IX Office. The Title IX Office refers to people who are survivors of sexual misconduct as “complainants” and the perpetrators of sexual misconduct as “respondents.” If you disclose an incident of sexual misconduct to the University (by telling a mandatory reporter or meeting with the Title IX Office), the Title IX office will reach out to you to identify several resources and to offer to discuss your options under University policy. Meeting with the Title IX Office is optional and never required. You can always request that a Safe Harbor advocate or other support person attend any meetings that you have with the Title IX Office.
If you disclose the sexual misconduct to other University officials—except Safe Harbor, Student Counseling and Psychological Services, the Auburn University Medical Clinic, the Employee Assistance Program, or the University Ombuds Office—they are required to report the incident to the Title IX Office, and you will receive a letter from the Office offering supportive measures and resources. You can request a No Contact Directive between you and the respondent even if you do not file a formal complaint.
After meeting with Title IX, it will be your decision if you want to file a formal complaint against the respondent. Note that you can only file a formal complaint against the respondent through the Title IX Office if the incident occurred on-campus, or if the incident occurred off-campus and the respondent is affiliated with Auburn University. To file a formal complaint, you will submit a form via email to the Title X Office that includes a written narrative of the sexual misconduct that you have experienced. After you submit the formal complaint form, the Title IX Office will investigate the alleged sexual misconduct by interviewing you, the respondent, and witnesses and collecting any relevant evidence (e.g., messages, social media posts, photos). You have the right to an advisor of your choice throughout the investigative process. You can choose your own advisor or ask the Title IX Office to appoint you an advisor free of charge. The Title IX Office uses a preponderance of the evidence standard when determining if a respondent is responsible for sexual misconduct, which means that the conduct must be more likely than not to have occurred. If the respondent is found responsible, the University can issue sanctions ranging from the respondent not being able to attend events where the complainant is present to suspension, expulsion, or termination from the University. There are three avenues through which a Title IX case can be resolved that you can learn more about when you meet with the Title IX Office:
- Formal Resolution – This option includes a formal hearing with a hearing officer during which both parties will have the opportunity to make opening statements, cross-examine the other party, and make closing statements. This option can result in more severe sanctions for the respondent, including suspension, expulsion, or termination.
- Informal Resolution – This option is an informal agreement between both parties and all allegations are considered resolved and will not be subject to further investigation, adjudication, or discipline if both parties can come to an agreement. This option does not include a formal hearing. The complainant and respondent must both agree to participate in informal resolution. If the informal resolution is unsuccessful, the matter will go through the formal resolution process.
- Administrative Resolution – This option includes a formal hearing without cross-examination where parties meet with the administrative officer individually and the respondent cannot be suspended or expelled. Both parties must consent to administrative resolution, and the consent may be withdrawn any time before the hearing officer’s final determination is made.
Regardless of your choice, the University will provide you with care and support even if its ability to investigate the incident and pursue disciplinary or other remedial action is limited. Visit the Title IX website for more information about the Title IX reporting process and policies.
Confidentiality and privacy are different. Confidentiality is limited to someone who, by law, can keep the information confidential. Confidential resources at Auburn are Safe Harbor, the Student Counseling and Psychological Services Center, the Employee Assistance Program, Ombuds Office, and the Auburn University Medical Clinic. You can learn about your options for reporting and other resources from these confidential resources.
Other University employees who are not confidential resources will protect the privacy of your report to the maximum extent possible under the circumstances and will share the information you reported only within the limited circle of University employees who need to be involved in responding to the report, such as Campus Safety and Security and the Title IX Office.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, commonly known as the Clery Act, is a federal law requiring all higher education institutions that receive federal financial aid to report crime statistics and make other disclosures to their communities. This includes statistics related to sexual assault, dating violence, domestic violence, and stalking that occur on Auburn-owned or controlled property. If a crime is reported that could be an ongoing threat to the campus community, Campus Safety and Security will issue a timely warning or safety notice about this threat. This notification is intended to help protect the safety of the campus community and may contain information surrounding the details of the incident; however, it will not contain any personally identifiable information of a victim or survivor.
Certain individuals on campus who are designated campus security authorities, or CSAs, are required to submit reports of crime to Campus Safety and Security. Campus Safety and Security maintains a publicly available log of all reported crimes. Not all reported incidents result in a safety notice to the community. For questions about Clery statistics, CSAs, or the crime log, contact Campus Safety and Security at 334-844-8888.
Auburn University prohibits retaliation against anyone who reports sexual harassment, sexual assault, or other sexual misconduct. The University will take reasonable steps to prevent retaliation and will take strong responsive action if retaliation occurs.
The University does not want the use of alcohol or other drugs to prevent reporting. If you experience sexual misconduct, the University will not pursue disciplinary charges against you for personal consumption of alcohol or other drugs at the time of the incident. For more information, visit the Medical Assistance Policy webpage.