ROTC programs are an excellent option for students seeking to lower the cost of their college education and begin a military career. Students commit to a period of military service where they have the opportunity to be a commissioned officer in the Army, Navy, Air Force, etc. In exchange, the government pays a significant portion of their college tuition and other related expenses.
ROTC students are expected to satisfy a host of requirements including standards of academic performance, weight and physical fitness requirements, a code of conduct, and others. Failing to comply with the terms of the agreement can result in disenrollment from the ROTC program. Additional ramifications would include compulsory completion of the active-duty commitment and repayment of any financial compensation received for tuition and expenses.
Title IX Violations
Title IX was established in 1972 by the U.S. Department of Education. The purpose was to ensure that all schools develop policies that address sexual discrimination in educational environments. Each institution must designate a Title IX coordinator that is responsible for promptly investigating all allegations promptly and fairly.
Sexual discrimination may occur by impeding someone's access to programs or benefits based on their gender or sexual orientation. Title IX also prohibits violent acts such as sexual assault or coercion. Acts of sexual harassment also constitute a violation. Examples may include acts of false stereotyping or slurs against those whose gender identity does not conform to societal norms.
All parties are summoned to a hearing where evidence is presented and witness testimony may be heard. Allegations must be proven by a “preponderance of the evidence” standard. Recently, the federal guidelines regarding Title IX were modified to allow institutions to employ a “clear and convincing” evidentiary standard.
When there is an adverse outcome, the student will likely be suspended or dismissed from the school. Acts of sexual misconduct are also a serious violation that constitutes a breach of contract according to ROTC guidelines. These students are likely to then face the disenrollment process.
Importance of Having a Seasoned Student Rights Attorney
Students accused of violating Title IX guidelines and/or faced with ROTC disenrollment must promptly seek assistance from experienced counsel. All parties involved in Title IX actions can choose an advisor that will support and accompany them amid the proceedings. Some of the benefits of choosing an experienced attorney to serve in this capacity are as follows:
- Your attorney will closely scrutinize the evidence and potentially identify weaknesses or inconsistencies
- He or she will properly interpret the policies and procedures to ensure you are afforded due process
- Your attorney may consider opportunities to negotiate with the administration to amicably resolve the matter
- You will be better prepared to confidently make statements and deliver effective responses to questions in hearings
Defense Lawyer Represents ROTC Students Accused of Misconduct
The consequences of a Title IX violation can have a devastating effect on your plans for the future. Joseph D. Lento is an attorney that is well-versed in this unique realm of legal practice. He will create a comprehensive strategy of defense on your behalf. Contact the office at (888) 535-3686 today for assistance.
Arizona colleges and universities where Joseph D. Lento can help as your or your ROTC student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools (schools in bold have Army, Navy, and/or Air Force ROTC programs):
- American Indian College of the Assemblies of God, Inc.
- Argosy University Phoenix
- Argosy University Phoenix Online Division
- Arizona Christian University
- Arizona College of Allied Health
- Arizona State University
- Arizona Western College
- Brown Mackie College Phoenix
- Brown Mackie College Tucson
- Central Arizona College
- Chamberlain College of Nursing Arizona
- Chandler/Gilbert Community College
- Cochise College
- Coconino Community College
- College America Flagstaff
- CollegeAmerica Phoenix
- Collins College
- DeVry University Arizona
- Dine College
- Eastern Arizona College
- Embry Riddle Aeronautical University Prescott
- Estrella Mountain Community College
- Everest College Phoenix
- Everest College Phoenix
- Fortis College Phoenix
- GateWay Community College
- Glendale Community College
- Golf Academy of America Chandler
- Grand Canyon University
- International Baptist College
- ITT Technical Institute Phoenix
- ITT Technical Institute Phoenix West
- ITT Technical Institute Tempe
- ITT Technical Institute Tucson
- Le Cordon Bleu College of Culinary Arts Scottsdale
- Mesa Community College
- Mohave Community College
- National Paralegal College
- Northcentral University Prescott
- Northern Arizona University
- Northland Pioneer College
- Paradise Valley Community College
- Phoenix College
- Pima Community College
- Prescott College
- Rio Salado College
- Sanford Brown College Phoenix
- Scottsdale Community College
- South Mountain Community College
- Southwest University of Visual Arts Tucson
- The Art Institute of Phoenix
- The Art Institute of Tucson
- Tohono O'Odham Community College
- University of Advancing Technology
- University of Arizona
- University of Phoenix Online Campus
- University of Phoenix Phoenix Hohokam Campus
- University of Phoenix Southern Arizona Campus
- Western International University
- Yavapai College
All students must be extremely mindful when accused of sexual misconduct at their college or university; ROTC students in particular, however, can have even more concerns at all stage of Title IX proceedings because the stakes are higher yet – When first contacted by their school's Title IX office, when a sexual misconduct investigation begins, when facing a hearing or an appeal, or when seeking further recourse by filing a Title IX complaint with the Department of Education Office of Civil Rights when necessary. For ROTC students who are facing a Title IX case and their families, it is critical to take the necessary precautions as soon as possible, including having an experienced attorney advisor, when accused of sexual misconduct. Unfortunately, some students, not being as familiar what is at stake and also their rights in the process, will mistakenly believe that if they "just explain what happened," everything will work out. Title IX cases can be won, but students and their families must recognize, however, that achieving a favorable in a Title IX case requires a dedicated and intensive approach best handled by a professional who has a track record of successes in the Title IX disciplinary arena.
Fighting passionately for the future of students at colleges and universities throughout the nation for over a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an ROTC student's academic future and future commission and military career is at stake. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor to students facing sexual misconduct investigations, disenrollment proceedings,and disciplinary cases in Arizona and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
