Minnesota is home to several schools that participate in the Reserve Officer Training Corps (ROTC) program. ROTC programs provide a host of potential benefits for students that commit to a period of military service. These include superior leadership training, financial assistance for their education, the prospect of entering the military as a commissioned officer, and others.
What is Title IX?
Title IX was an amendment established in 1972 that sought to combat problems with sexual discrimination in U.S. schools. All schools are tasked with implementing and maintaining procedures for promptly and equitably handling allegations of sexual misconduct. If allegations against a student are proven, they are likely to be suspended or dismissed from the institution.
Acts of discrimination may surface in colleges or universities in the realm of admissions, athletics, access to benefits, and more. Title IX sought to prevent individuals from being subject to a hostile environment such as by acts of sexual harassment. Some examples include unwelcome requests for sexual favors or inappropriate advances.
Gender-based harassment is also prohibited under Title IX and may involve intimidating verbal communication. The perpetrators may promote stereotypes or make slurs that relate to a “student's actual or perceived sex.” Some of the most serious violations are those associated with sexual violence including assault or coercion.
Title IX Proceedings
When alleged violations are supported by evidence, the administration will summon all parties to a hearing. Parties can select an advisor to accompany them. It is strongly recommended that an experienced student rights attorney be retained in this role.
Your attorney will accurately interpret the institution's policies and procedures, independently review all evidence, and ensure your right to due process. He or she will work to ensure you are prepared to make concise statements and effectively respond to questions. The evidentiary standard that is employed is by a “preponderance of the evidence.”
Understanding Title IX and ROTC Disenrollment
Acts of sexual misconduct that violate Title IX are also deemed as breaches of the ROTC program contract. When allegations against an ROTC student are proven, they are likely to be subjected to the disenrollment process.
Army ROTC Student Rights in the Disenrollment Process (145-4)
There are a host of basic rights that students are afforded and various procedural requirements involved with the disenrollment process of the U.S. Army such as the following:
- A designated unit commander will “appoint a board of officers or investigating officer to review and investigate the circumstances”
- Students subject to disenrollment are afforded “reasonable notice” to allow them preparation time
- A requirement to receive copies of all “documentary evidence that supports the disenrollment action”
- A “right to appear personally” to respond to the allegations before a designated officer or board
- The right to solicit witness testimony in a hearing
- Those seeking to appeal an adverse ruling must submit the request in writing within 14 days
Minnesota ROTC Student Rights Advisor
The Title IX provisions and the ROTC disenrollment guidelines are multifaceted and are subject to change. This is one purpose of choosing an attorney that routinely practices in the field of student rights and is familiar with military law. The Lento Law Firm can be contacted today at (888) 535-3686.
Minnesota 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 College
- Alexandria Technical & Community College
- Anoka Technical College
- Anoka Ramsey Community College
- Argosy University Twin Cities
- Augsburg College
- Bemidji State University
- Bethany Lutheran College
- Bethel University
- Brown College Brooklyn Center
- Brown College Mendota Heights
- Capella University
- Carleton College
- Central Lakes College Brainerd
- Century Community and Technical College
- College of Saint Benedict
- College of Saint Catherine
- College of Visual Arts
- Concordia College at Moorhead
- Concordia University Saint Paul
- Crossroads College
- Crown College Saint
- Dakota County Technical College
- DeVry University Minnesota
- Duluth Business University
- Dunwoody College of Technology
- Fond du Lac Tribal and Community College
- Globe University Minneapolis
- Globe University Woodbury
- Gustavus Adolphus College
- Hamline University
- Hennepin Technical College
- Herzing University Minneapolis
- Hibbing Community College A Technical and Community College
- Institute of Production and Recording
- Inver Hills Community College
- Itasca Community College
- ITT Technical Institute Brooklyn Center
- ITT Technical Institute Eden Prairie
- Lake Superior College
- Le Cordon Bleu College of Culinary Arts Minneapolis
- Macalester College
- Martin Luther College
- McNally Smith College of Music
- Mesabi Range Community and Technical College
- Metropolitan State University
- Minneapolis Business College
- Minneapolis College of Art and Design
- Minneapolis Community and Technical College
- Minnesota School of Business Blaine
- Minnesota School of Business Brooklyn Center
- Minnesota School of Business Elk River
- Minnesota School of Business Lakeville
- Minnesota School of Business Moorhead
- Minnesota School of Business Plymouth
- Minnesota School of Business Richfield
- Minnesota School of Business Rochester
- Minnesota School of Business Shakopee
- Minnesota School of Business Waite Park
- Minnesota State College Southeast Technical
- Minnesota State Community and Technical College
- Minnesota State University Moorhead
- Minnesota State University Mankato
- Minnesota West Community and Technical College
- National American University Bloomington
- National American University Brooklyn Center
- National American University Roseville
- Normandale Community College
- North Central University
- North Hennepin Community College
- Northland Community and Technical College
- Northwest Technical College
- Northwest Technical Institute
- Northwestern College
- Northwestern Health Sciences University
- Oak Hills Christian College
- Pine Technical College
- Rainy River Community College
- Ridgewater College
- Riverland Community College
- Rochester Community and Technical College
- Saint Cloud State University
- Saint John's University
- Saint Mary's University of Minnesota
- Saint Paul College A Community and Technical College
- South Central College
- Southwest Minnesota State University
- St. Catherine University
- St. Cloud Technical and Community College
- St. Olaf College
- The Art Institutes International Minnesota
- The College of Saint Scholastica
- University of Minnesota Crookston
- University of Minnesota Duluth
- University of Minnesota Morris
- University of Minnesota Rochester
- University of Minnesota Twin Cities
- University of Phoenix Minneapolis/St Paul Campus
- University of Saint Thomas
- Vermilion Community College
- White Earth Tribal and Community College
- Winona State University
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 Minnesota and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
