Each year, thousands of college and university students agree with the government known as the Reserve Officer Training Corps (ROTC). Students accepted into the program are eligible for tremendous benefits such as scholarships that pay for their college education. There is an obligation to serve in the military for a defined period and the student will also be eligible to become a commissioned officer in their branch of service.
In Massachusetts, several schools offer the ROTC curriculum. Some of the primary advantages that are available to these students are as follows:
- Some participants will qualify for a scholarship that pays their full college tuition
- Many students qualify for grants that pay for room and board
- Students may be eligible for a monthly stipend
- Army ROTC participants at Boston College may be “guaranteed a room on campus for all four years”
What is Title IX?
Title IX was an amendment established in 1972 to combat sexually-based discrimination in U.S. educational institutions. Compliance is necessary to remain eligible for federal education funding. Sexual assault, battery, and other acts of sexual violence that harm victims are among the most serious violations of Title IX. These victims have either not given consent or are incapable of consenting to participate in sexual activity.
Acts of sexual harassment may be committed verbally or nonverbally and are also strictly prohibited. The victim may be subjected to a hostile environment that results from inappropriate slurs or false stereotypes. Discrimination can occur whenever someone is denied entrance or the right to participate based on their gender or sexual identity. Other common violations include making unwelcome sexual advances or requests for sexual favors.
Standards of Proof and Possible Sanctions
Violations of Title IX are typically evaluated in a hearing that applies a “preponderance of the evidence” standard. Recent federal provisions were modified to allow for using a “clear and convincing evidence” standard also. Both evidentiary standards are lesser than “beyond a reasonable doubt” that applies to criminal matters.
When allegations against a student are substantiated, the penalties are likely to be either suspension or dismissal from the institution. ROTC students may face subsequent disenrollment proceedings for breach of contract. Those banished from the program will no longer be eligible to become a commissioned officer.
The student may be ordered to complete their active-duty military commitment and to pay back their scholarship monies and other benefits received. These financial consequences can be significant, as the government has ordered reimbursements in the range of $150,000 in the past.
What are the Benefits of Retaining a Student Rights Attorney?
All students subject to campus disciplinary matters are generally permitted to select an advisor to support them in hearings and other proceedings. This will also apply to the ROTC disenrollment process. Students that are informed that they are the focus of these allegations should promptly consult with an attorney to allow for adequate preparation time. You will be prepared to deliver concise statements and effectively respond to questions.
Effective Defense Attorney for ROTC Students in Massachusetts
Title IX attorney Joseph D. Lento has the experience necessary to represent students facing allegations of violating Title IX, those subject to ROTC program disenrollment, and other challenges. He works diligently to protect your right to due process and obtain a favorable outcome. Please contact the office today at (888) 535-3686.
Massachusetts 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):
- American International College
- Amherst College
- Anna Maria College
- Assumption College
- Babson College
- Bard College at Simon's Rock
- Bay Path College
- Bay State College
- Becker College
- Benjamin Franklin Institute of Technology
- Bentley University
- Berklee College of Music
- Berkshire Community College
- Boston Architectural College
- Boston Baptist College
- Boston College
- Boston University
- Brandeis University
- Bridgewater State University
- Bristol Community College
- Bunker Hill Community College
- Cambridge College
- Cape Cod Community College
- Clark University
- College of Our Lady of the Elms
- College of the Holy Cross
- Curry College
- Daniel Webster College
- Dean College
- Eastern Nazarene College
- Emerson College
- Emmanuel College
- Endicott College
- Fisher College
- Fitchburg State University
- Framingham State University
- Franklin W. Olin College of Engineering
- Gordon College
- Greenfield Community College
- Hampshire College
- Harvard University
- Hellenic College Holy Cross Greek Orthodox School of Theology
- Holyoke Community College
- ITT Technical Institute Norwood
- ITT Technical Institute Wilmington
- Laboure College
- Lasell College
- Lawrence Memorial Hospital School of Nursing
- Le Cordon Bleu College of Culinary Arts
- Lesley University
- Longy School of Music
- Marian Court College
- Massachusetts Bay Community College
- Massachusetts College of Art and Design
- Massachusetts College of Liberal Arts
- Massachusetts College of Pharmacy and Health Sciences
- Massachusetts Institute of Technology
- Massachusetts Maritime Academy
- Massasoit Community College
- Merrimack College
- Middlesex Community College
- Montserrat College of Art
- Mount Holyoke College
- Mount Ida College
- Mount Wachusett Community College
- New England College of Business
- Newbury College Brookline
- Nichols College
- North Shore Community College
- Northeastern University
- Northern Essex Community College
- Pine Manor College
- Quincy College
- Quinsigamond Community College
- Regis College
- Roxbury Community College
- Saint John's Seminary
- Salem State University
- Sanford Brown College Boston
- School of the Museum of Fine Arts Boston
- Simmons College
- Smith College
- Springfield College
- Springfield Technical Community College
- Stonehill College
- Suffolk University
- The Boston Conservatory
- The New England Conservatory of Music
- The New England Institute of Art
- Tufts University
- University of Massachusetts - Amherst
- University of Massachusetts - Boston
- University of Massachusetts - Dartmouth
- University of Massachusetts - Lowell
- University of Phoenix - Boston Campus
- Urban College of Boston
- Wellesley College
- Wentworth Institute of Technology
- Western New England University
- Westfield State University
- Wheaton College
- Wheelock College
- Williams College
- Worcester Polytechnic Institute
- Worcester State University
- Zion Bible 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 Massachusetts and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
