ROTC programs are a potentially great option for students seeking to reduce the cost of their college education and begin a military career. Students commit to a period of military service and are allowed to be a commissioned officer in the Army, Navy, Air Force, etc. The government offers benefits including scholarships for college and payment of other related expenses.
ROTC students must satisfy a variety of requirements including standards of academic performance, weight and physical fitness requirements, a code of personal conduct, and others. Failing to comply with the provisions of the agreement can result in disenrollment from the ROTC program. Other adverse ramifications may include compulsory completion of the active-duty commitment and repayment of any financial compensation received for tuition, expenses, etc.
What is Title IX?
Title IX was an amendment established in 1972 by the U.S. Department of Education. The intent was to ensure that all schools create policies for handling complaints related to sexual discrimination in educational environments. Schools must designate a Title IX coordinator that is accountable for evaluating such allegations promptly and fairly.
Sexually-based discrimination may occur by preventing someone's access to programs or benefits based on their gender identity or sexual orientation. Title IX also prohibits serious violent acts such as sexual assault. Acts of sexual harassment also constitute a violation. Common examples include false stereotyping or inappropriate slurs made against those whose sexual identity does not conform to societal norms.
When sufficient evidence exists, the parties are summoned to a hearing to answer the allegations and witness testimony may be presented. To be proven, allegations must satisfy a “preponderance of the evidence” standard. Recently, federal guidelines were expanded to allow institutions to employ a “clear and convincing” evidentiary standard in Title IX actions.
Students who are found to have committed a violation will likely be suspended or dismissed from the school. Acts such as sexual misconduct will typically also constitute a breach of contract according to ROTC guidelines. These students will then be subject to the disenrollment process.
Importance of Having a Student Rights Attorney
Students that are accused of violating Title IX guidelines and/or faced with ROTC disenrollment should promptly consult with experienced counsel. Parties involved in Title IX actions can choose an advisor that will support and accompany them throughout the proceedings. Some of the critical advantages of having an attorney serve in this role include:
- He or she will independently scrutinize the evidence and may find weaknesses or inconsistencies
- Your attorney can correctly interpret the institution's unique policies and procedures to ensure your right to due process
- Your attorney may enter negotiations with key administrations to amicably resolve the matter
- You are likely to be well-prepared to confidently make statements and deliver effective responses to questions in hearings
Defense Advisor Represents ROTC Students in Nevada Accused of Misconduct
The ramifications of a Title IX violation can have a devastating effect on your future. Joseph D. Lento is a Title IX attorney that is familiar with this specialized area of legal practice. He will create a comprehensive defense strategy on your behalf. Contact the office today at (888) 535-3686 for assistance.
Nevada 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):
- College of Southern Nevada
- DeVry University Nevada
- Everest College Henderson
- Great Basin College
- International Academy of Design and Technology Henderson
- ITT Technical Institute Henderson
- ITT Technical Institute Las Vegas
- Le Cordon Bleu College of Culinary Arts Las Vegas
- Morrison University
- Nevada State College
- Sierra Nevada College
- The Art Institute of Las Vegas
- Truckee Meadows Community College
- University of Nevada Las Vegas
- University of Nevada Reno
- University of Phoenix Las Vegas Campus
- University of Phoenix Northern Nevada Campus
- Western Nevada 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 Nevada and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
