Students in the Reserve Officer Training Corps (ROTC) programs can significantly reduce the cost of obtaining a college education and begin a career in the military. Participants commit to a period of military service where they are allowed to become a commissioned officer in the Army, Navy, Air Force, etc. The students benefit from having the government pay significant portions of their tuition and other expenses.
Students admitted to ROTC programs are expected to satisfy various requirements including standards of academic performance, weight and physical fitness requirements, a code of conduct, and others. If compliance is not maintained, a student may be subject to disenrollment from the ROTC program. Additional consequences would include obligatory completion of the active-duty service commitment and repayment of any financial compensation received for tuition and expenses.
Violations of Title IX
The U.S. Department of Education established Title IX in 1972. The amendment was designed to require that all schools develop policies that address sexual discrimination in education. Each school must designate a Title IX coordinator that is accountable for investigating all allegations promptly and fairly.
Problems with sexual discrimination in post-secondary educational institutions may occur by impeding someone's access to programs or benefits based on their gender or sexual orientation. Title IX strictly prohibits acts of violence such as sexual assault or coercion. Sexual harassment also constitutes a violation. Common examples may include acts of false stereotyping or slurs against those whose gender identity does not conform to social norms.
Parties that are subject to the investigation are summoned to a hearing where evidence is presented and witness testimony may be heard. A “preponderance of the evidence” standard is generally employed to render a conclusion. The federal guidelines recently were modified to also allow institutions to use a “clear and convincing” evidentiary standard.
Students that are determined to have committed these violations will likely be suspended or dismissed from the school. Behavior related to sexual misconduct also constitutes a breach of contract according to ROTC guidelines; therefore, these students can expect to face the disenrollment process.
Benefits of Having a Seasoned Student Rights Attorney
College or university students accused of violating Title IX guidelines and/or faced with ROTC disenrollment should promptly seek assistance from experienced counsel. Schools permit all parties involved in Title IX actions to choose an advisor that will support and accompany them during the proceedings. Some of the benefits of selecting an experienced attorney to serve in this role are as follows:
- Your attorney will closely review all evidence and may identify weaknesses or inconsistencies
- Your attorney has the skills to correctly interpret the institution's policies and procedures to ensure you are afforded due process
- He or she may enter into negotiations with the administration to amicably resolve the matter
- You will be prepared to make clear statements and deliver effective responses to questions
Title IX Defense Advisor Represents ROTC Students in Kansas Accused of Misconduct
The ramifications of a Title IX violation can devastate your plans for the future. Joseph D. Lento is an Title IX attorney that is experienced in this realm of legal practice. He will build a broad strategy of defense on your behalf. Contact the office today at (888) 535-3686 for assistance.
Kansas 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):
- Allen County Community College
- Baker University
- Barclay College
- Barton County Community College
- Benedictine College
- Bethany College
- Bethel College North Newton
- Brown Mackie College Kansas City
- Brown Mackie College Salina
- Bryan University Topeka
- Butler Community College
- Central Baptist Theological Seminary
- Central Christian College of Kansas
- Cleveland Chiropractic College
- Cloud County Community College
- Coffeyville Community College
- Colby Community College
- Cowley County Community College
- Dodge City Community College
- Donnelly College
- Emporia State University
- Flint Hills Technical College
- Fort Hays State University
- Fort Scott Community College
- Friends University
- Garden City Community College
- Haskell Indian Nations University
- Hesston College
- Highland Community College
- Hutchinson Community College
- Independence Community College
- ITT Technical Institute Wichita
- Johnson County Community College
- Kansas City Kansas Community College
- Kansas State University
- Kansas Wesleyan University
- Labette Community College
- Manhattan Area Technical College
- Manhattan Christian College
- McPherson College
- MidAmerica Nazarene University
- National American University Overland Park
- National American University Wichita
- Neosho County Community College
- Newman University
- North Central Kansas Technical College
- Ottawa University Ottawa
- Pinnacle Career Institute Lawrence
- Pittsburg State University
- Pratt Community College
- Salina Area Technical College
- Seward County Community College and Area Technical School
- Southwestern College
- Sterling College
- Tabor College
- The Art Institutes International Kansas City
- University of Kansas
- University of Phoenix Wichita Campus
- University of Saint Mary
- Vatterott College Wichita
- Washburn University
- Wichita Area Technical College
- Wichita State University
- Wright Career 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 Kansas and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
