Across the U.S. each year more than 20,000 students at colleges and universities participate in the Reserve Officer Training Corps (ROTC) programs. Students that are admitted to ROTC make a military service obligation in exchange for scholarships and various other benefits. Indiana currently has several schools that offer ROTC programs for the Army, Navy, and Air Force.
Understanding Title IX
In the U.S., all educational institutions are tasked with Title IX compliance to remain eligible for key federal funding. Title IX was a civil rights amendment implemented in 1972 by the U.S. Department of Education to stop sexually-based discrimination. All institutions designate a Title IX Coordinator who creates and maintains documented procedures for investigating and equitably ruling on these matters.
Discrimination may involve preventing or impeding someone's participation in programs or access to benefits based on their gender or sexual orientation. Forms of sexual harassment, such as the promotion of false stereotypes or making unwanted sexual advances are strictly prohibited. Acts of sexual violence such as assault are serious forms of harassment that can also have criminal consequences.
A sexual assault may involve a victim that has not provided consent to participate in sexual activity or is incapable of giving consent due to age, incapacitation or mental deficiency. All parties to campus disciplinary actions can select an advisor that will function in a support role. It is imperative to promptly retain an attorney who is well-versed in these matters once the allegations are made.
A seasoned student rights attorney can sufficiently prepare you to issue clear statements and respond effectively to any questions. Your attorney may also possibly engage in discussions to negotiate a mutually acceptable resolution on your behalf.
Title IX Violations and ROTC Disenrollment
Most schools employ a preponderance of the evidence standard in determining whether allegations are proven. If the allegations are substantiated, the student can expect to be suspended or expelled from the school. ROTC students will consequently face disenrollment for breaching their written agreement with the government.
Disenrollment results in revocation of the opportunity to become a commissioned officer. These students may also be held financially responsible for repaying the benefits they have received and be compelled to active-duty service. Each branch of the military has its own written provisions that relate to the disenrollment process. Here, your attorney will be instrumental in protecting your right to due process.
ROTC Disenrollment Process Overview
- Investigations, evidentiary review, and rulings are overseen by a “board of officers or investigating officer”
- Students are always afforded a right to “appear personally before the board or officer”
- Orders may be made for financial reimbursement and/or a requirement to serve in enlisted active duty at the discretion of the Secretary of the Military Department
Experienced Defense Advisor in Indiana for ROTC Students
Students in ROTC programs have clear goals that can quickly be disrupted following allegations of a Title IX violation and the likely subsequent disenrollment process. Title IX attorney Joseph D. Lento will work on your behalf to create an effective strategy of defense in these matters. Promptly contact the office at (888) 535-3686 for assistance.
Indiana 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):
- Ancilla College
- Anderson University
- Ball State University
- Bethel College Mishawaka
- Brown Mackie College Fort Wayne
- Brown Mackie College Indianapolis
- Brown Mackie College Merrillville
- Brown Mackie College Michigan City
- Brown Mackie College South Bend
- Butler University
- Calumet College of Saint Joseph
- College of Court Reporting Inc.
- Crossroads Bible College
- DePauw University
- DeVry University Indiana
- Earlham College
- Fortis College Indianapolis
- Franklin College
- Goshen College
- Grace College and Theological Seminary
- Hanover College
- Harrison College Anderson
- Harrison College Columbus
- Harrison College Elkhart
- Harrison College Evansville
- Harrison College Fort Wayne
- Harrison College Indianapolis East
- Harrison College Lafayette
- Harrison College Muncie
- Harrison College Northwest
- Harrison College Terre Haute
- Holy Cross College
- Huntington University
- Indiana Institute of Technology
- Indiana State University
- Indiana University Bloomington
- Indiana University East
- Indiana University Kokomo
- Indiana University Northwest
- Indiana University Purdue University Fort Wayne
- Indiana University Purdue University Indianapolis
- Indiana University South Bend
- Indiana University Southeast
- Indiana Wesleyan University
- International Business College
- International Business College Indianapolis
- ITT Technical Institute Fort Wayne
- ITT Technical Institute Indianapolis
- ITT Technical Institute Merrillville
- ITT Technical Institute Newburgh
- ITT Technical Institute South Bend
- Ivy Tech Community College Bloominton
- Ivy Tech Community College Central Indiana
- Ivy Tech Community College Columbus
- Ivy Tech Community College East Central
- Ivy Tech Community College Kokomo
- Ivy Tech Community College Lafayette
- Ivy Tech Community College Northcentral
- Ivy Tech Community College Northeast
- Ivy Tech Community College Northwest
- Ivy Tech Community College Richmond
- Ivy Tech Community College South Central
- Ivy Tech Community College Southeast
- Ivy Tech Community College Southwest
- Ivy Tech Community College Wabash Valley
- Manchester College
- Marian University
- Martin University
- MedTech College
- MedTech College Ft Wayne Campus
- MedTech College Greenwood Campus
- Mid America College of Funeral Service
- Oakland City University
- Purdue University Calumet Campus
- Purdue University Main Campus
- Purdue University North Central Campus
- Rose Hulman Institute of Technology
- Saint Josephs College
- Saint Mary's College
- Saint Mary of the Woods College
- Taylor University
- The Art Institute of Indianapolis
- Trine University
- Trine University Regional/Non Traditional Campuses
- University of Evansville
- University of Indianapolis
- University of Notre Dame
- University of Phoenix Indianapolis Campus
- University of Phoenix Northwest Indiana Campus
- University of Saint Francis Fort Wayne
- University of Southern Indiana
- Valparaiso University
- Vincennes University
- Wabash 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 Indiana and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
