The U.S. Army developed the Reserve Officer Training Corps (ROTC) program as part of the National Defense Act of 1916. Across the country, there are approximately 1,700 colleges and universities that have ROTC programs for the branches of the military. Students that have committed to enter these programs must conform to the written rules and requirements of both their college and the military.
Students may be the subject of serious allegations of violating federal Title IX guidelines that relate to sexual discrimination. Those found to have committed these offenses are likely to be suspended or dismissed from the school. ROTC students may also face program disenrollment because acts of sexual misconduct also breach their military contracts. Those facing such severe ramifications must promptly seek assistance from an attorney that is well-versed in this particular realm of legal practice.
Understanding Title IX?
Established in 1972 by the U.S. Department of Education, Title IX requires that all schools create and maintain written guidelines related to handling accusations of sexually-based discrimination. Failing to comply may result in losing eligibility for federal education funding. Each school must designate a Title IX Coordinator that oversees the process of investigating, making rulings, and potentially levying sanctions and penalties.
Title IX violations may occur in many ways. Discrimination may occur when someone is excluded from participation or denied benefits based on their gender or sexual orientation. Title IX forbids sexual harassment such as acts that promote stereotypes or involve unwanted sexual advances. Acts of harassment may occur violently in instances including sexual assault.
Institutional Process and Evidentiary Standards
Most schools host a hearing where the parties may issue statements and hear witness testimony. An accused student may be accompanied by an attorney to all proceedings acting in an advisory role. Most schools will appraise alleged violations according to whether they are proven by a preponderance of the evidence standard. In Title IX matters, schools may also elect to use a clear and convincing evidentiary standard.
Potential ROTC Disenrollment
Students in ROTC programs that have committed a Title IX violation will generally be subject to the disenrollment process. U.S. Code §2005 outlines the potentially harsh consequences including the following:
- Loss of eligibility for receiving an officer commission
- A responsibility to repay the government for financial benefits received such as for tuition and scholarships
- A compulsory order to complete “active enlisted service” in the military
Benefits of Legal Assistance
A seasoned student rights attorney can be a tremendous asset in your preparation. You should be sufficiently prepared to issue statements and effectively respond to questions. He or she will independently evaluate the evidence and may detect weaknesses or inconsistencies. Your attorney acts as a safeguard on your behalf to ensure you are afforded due process.
Title IX Representation for ROTC Students in Disenrollment Proceedings
ROTC students that are accused of serious violations such as those related to sexual misconduct may have their long-term plans abruptly shattered. Title IX attorney Joseph D. Lento strives to aggressively protect the rights of his clients and seeks to achieve positive outcomes. Contact the office today at (888) 535-3686 for assistance.
California 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 or are affiliated with schools where students can take ROTC classes):
- Academy of Art University
- Allan Hancock College
- American Academy of Dramatic Arts Los Angeles
- American Conservatory Theater
- American Jewish University
- American River College
- American University of Health Sciences
- Antelope Valley College
- Argosy University Inland Empire
- Argosy University Los Angeles
- Argosy University Orange County
- Argosy University San Diego
- Argosy University San Francisco Bay Area
- Art Center College of Design
- Azusa Pacific Online University
- Azusa Pacific University
- Bakersfield College
- Barstow Community College
- Berkeley City College
- Bethesda University of California
- Biola University
- Brooks Institute
- Bryan University
- Butte College
- Cabrillo College
- California Baptist University
- California Christian College
- California College of the Arts
- California College San Diego
- California Culinary Academy
- California Institute of Technology
- California Institute of the Arts
- California Lutheran University
- California Maritime Academy
- California Polytechnic State University San Luis Obispo
- California State Polytechnic University Pomona
- California State University Bakersfield
- California State University Channel Islands
- California State University Chico
- California State University Dominguez Hills
- California State University East Bay
- California State University Fresno
- California State University Fullerton
- California State University Long Beach
- California State University Los Angeles
- California State University Monterey Bay
- California State University Northridge
- California State University Sacramento
- California State University San Bernardino
- California State University San Marcos
- California State University Stanislaus
- Canada College
- Cerritos College
- Cerro Coso Community College
- Chabot College
- Chaffey College Rancho Cucamonga
- Chapman University
- Charles R Drew University of Medicine and Science
- Citrus College
- City College of San Francisco
- Claremont McKenna College
- Coastline Community College
- Cogswell College
- Coleman University
- College of Alameda
- College of Marin
- College of San Mateo
- College of the Canyons
- College of the Desert
- College of the Redwoods
- College of the Sequoias
- College of the Siskiyous
- Columbia College
- Columbia College Hollywood
- Community Christian College
- Concordia University Irvine
- Contra Costa College
- Copper Mountain Community College
- Cosumnes River College
- Crafton Hills College
- Cuesta College San Luis
- Cuyamaca College
- Cypress College
- De Anza College
- Dell'Arte International School of Physical Theatre
- Design Institute of San Diego
- DeVry University California
- Diablo Valley College
- Dominican University of California
- East Los Angeles College
- East San Gabriel Valley Regional Occupational Program
- El Camino College Compton Center
- El Camino Community College District
- Epic Bible College
- Everest College Anaheim
- Everest College City of Industry
- Everest College Ontario Metro
- Everest College Reseda
- Everest College West Los Angeles
- Evergreen Valley College
- Expression College for Digital Arts
- Fashion Careers College
- Feather River Community College District
- FIDM/Fashion Institute of Design & Merchandising Los Angeles
- FIDM/Fashion Institute of Design & Merchandising Orange County
- FIDM/Fashion Institute of Design & Merchandising San Diego
- FIDM/Fashion Institute of Design & Merchandising San Francisco
- Folsom Lake College
- Foothill College
- Fresno City College
- Fresno Pacific University
- Fullerton College
- Gavilan College
- Glendale Community College
- Golden West College
- Golf Academy of America Carlsbad
- Grossmont College
- Hands on Medical Massage School
- Hartnell College
- Harvey Mudd College
- Heald College Concord
- Heald College Fresno
- Heald College Hayward
- Heald College Modesto
- Heald College Roseville
- Heald College San Francisco
- Heald College San Jose
- Heald College Stockton
- Holy Names University
- Hope International University
- Horizon College San Diego
- Humboldt State University
- Humphreys College Stockton and Modesto Campuses
- Imperial Valley College
- International Academy of Design and Technology Sacramento
- International Professional School of Bodywork
- Irvine Valley College
- ITT Technical Institute Clovis
- ITT Technical Institute Concord
- ITT Technical Institute Corona
- ITT Technical Institute Culver City
- ITT Technical Institute Lathrop
- ITT Technical Institute Oakland
- ITT Technical Institute Orange
- ITT Technical Institute Oxnard
- ITT Technical Institute Rancho Cordova
- ITT Technical Institute San Bernardino
- ITT Technical Institute San Diego
- ITT Technical Institute San Dimas
- ITT Technical Institute Sylmar
- ITT Technical Institute Torrance
- ITT Technical Institute West Covina
- John Paul the Great Catholic University
- King's University
- La Sierra University
- Laguna College of Art and Design
- Lake Tahoe Community College
- Laney College
- Las Positas College
- Lassen Community College
- Le Cordon Bleu College of Culinary Arts Pasadena
- Life Pacific College
- Lincoln University
- Loma Linda University, Loma Linda
- Long Beach City College
- Los Angeles City College
- Los Angeles College of Music
- Los Angeles Harbor College
- Los Angeles Mission College
- Los Angeles Pierce College
- Los Angeles Southwest College
- Los Angeles Trade Technical College
- Los Angeles Valley College
- Los Medanos College
- Loyola Marymount University
- Marymount College
- Mendocino College
- Menlo College
- Merced College
- Merritt College
- Mesa College
- Mills College
- Mira Costa College
- Mission College
- Modesto Junior College
- Monterey Peninsula College
- Moorpark College
- Moreno Valley College
- Mount St. Mary's College
- Mt Sierra College
- Mt. San Antonio College
- Mt. San Jacinto Community College District
- Musicians Institute
- Napa Valley College
- National University
- Newschool of Architecture and Design
- Norco College
- Notre Dame de Namur University
- Occidental College
- Ohlone Community College
- Orange Coast College
- Otis College of Art and Design
- Oxnard College
- Pacific College of Oriental Medicine LLC San Diego
- Pacific States University
- Pacific Union College
- Palo Verde College
- Palomar College
- Pasadena City College
- Patten University
- Pepperdine University
- Pitzer College
- Platt College Los Angeles
- Platt College Ontario
- Platt College San Diego
- Point Loma Nazarene University
- Pomona College
- Porterville College
- Professional Golfers Career College
- Providence Christian College
- Rancho Santiago College
- Reedley College
- Rio Hondo College
- Riverside City College
- Sacramento City College
- Saddleback College
- Sage College
- Saint Marys College of California
- San Diego Christian College
- San Diego City College
- San Diego Mesa College
- San Diego Miramar College
- San Diego State University
- San Diego State University Imperial Valley Campus
- San Francisco Art Institute
- San Francisco Conservatory of Music
- San Francisco State University
- San Joaquin Delta College
- San Joaquin Valley College Bakersfield
- San Joaquin Valley College Fresno
- San Joaquin Valley College Fresno Aviation
- San Joaquin Valley College Hesperia
- San Joaquin Valley College Modesto
- San Joaquin Valley College Online
- San Joaquin Valley College Rancho Cordova
- San Joaquin Valley College Rancho Cucamonga
- San Joaquin Valley College Temecula
- San Joaquin Valley College Visalia
- San Jose City College
- San Jose State University
- Santa Ana College
- Santa Barbara Business College Bakersfield
- Santa Barbara Business College Santa Maria
- Santa Barbara Business College Ventura
- Santa Barbara City College
- Santa Clara University
- Santa Monica College
- Santa Rosa Junior College
- Santiago Canyon College
- Scripps College
- Shasta Bible College and Graduate School
- Shasta College
- Sierra College
- Simpson University
- Skyline College
- Soka University of America
- Solano Community College
- Sonoma State University
- Southern California Institute of Architecture
- Southern California Institute of Technology
- Southern California Seminary
- Southwestern College
- Stanford University
- SUM Bible College and Theological Seminary
- Taft College
- Taft University System
- The Art Institute of California Hollywood
- The Art Institute of California Inland Empire
- The Art Institute of California Los Angeles
- The Art Institute of California Orange County
- The Art Institute of California Sacramento
- The Art Institute of California San Diego
- The Art Institute of California San Francisco
- The Art Institute of California Sunnyvale
- The Master's College and Seminary
- The National Hispanic University
- Thomas Aquinas College
- Touro College Los Angeles
- Trident University International
- Unitek College
- University of California Berkeley
- University of California Davis
- University of California Irvine
- University of California Los Angeles
- University of California Merced
- University of California Riverside
- University of California San Diego
- University of California Santa Barbara
- University of California Santa Cruz
- University of La Verne
- University of Phoenix Bay Area Campus
- University of Phoenix Central Valley Campus
- University of Phoenix Sacramento Valley Campus
- University of Phoenix San Diego Campus
- University of Phoenix Southern California Campus
- University of Redlands
- University of San Diego
- University of San Francisco
- University of Southern California
- University of the Pacific
- University of the West
- Vanguard University of Southern California
- Ventura College
- Victor Valley College
- West Coast Ultrasound Institute
- West Coast University Los Angeles
- West Coast University Ontario
- West Coast University Orange County
- West Hills College Coalinga
- West Hills College Lemoore
- West Los Angeles College
- West Valley College
- Westmont College
- Westwood College Anaheim
- Westwood College Inland Empire
- Westwood College Los Angeles
- Westwood College South Bay
- Whittier College
- William Jessup University
- Woodbury University
- Woodland Community College
- World Mission University
- Yeshiva Ohr Elchonon Chabad West Coast Talmudical Seminary
- Yuba 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 California and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
