Were you aware that roughly 20,000 U.S. students are participating in the Reserve Officer Training Corps (ROTC) programs at colleges and universities? Those who participate are making a military service obligation in exchange for scholarships and other financial benefits. South Carolina is home to several primary post-secondary schools that offer ROTC programs and students at many others are also able to access this curriculum via institutional network partnership agreements.
Understanding Title IX
All educational institutions in the U.S. must comply with Title IX guidelines to remain eligible for federal education funding. This was a civil rights amendment established in 1972 by the U.S. Department of Education to prevent sexually-based discrimination. Each school must designate a Title IX Coordinator who creates and upholds written procedures for investigating and impartially ruling on these matters.
This form of discrimination may involve preventing or impeding someone's participation in program offerings or access to benefits based on their gender or sexual identity. Acts deemed to be sexual harassment are also prohibited. Examples include promoting false stereotypes or making unwelcome sexual advances.
Acts of physical violence such as sexual assault are an extreme form of harassment that may also have criminal implications. These acts involve victims that have not provided consent to participate in sexual activity or are incapable of giving consent due to their age, incapacitation or mental deficiency.
All parties to Title IX disciplinary actions may choose an advisor that will function in a support role. It is important to retain an attorney that is knowledgeable about these matters promptly after the allegations are made. Timing is critical to allow for sufficient preparation time to deliver clear statements and respond effectively to questions. Your attorney may also partake in discussions to negotiate a favorable resolution on your behalf.
Title IX and ROTC Disenrollment
The majority of institutions assess the allegations based on a preponderance of the evidence standard. If a Title IX claim is proven, the student will typically be either suspended or expelled from the school. If these students are ROTC participants, they will likely be subject to program disenrollment for breaching their written agreement with the government.
Disenrollment leads to revocation of eligibility for becoming a commissioned officer. Also, the student is held financially responsible for repaying the benefits they have received and are compelled to complete their active-duty service obligation. The Army, Navy, and Air Force each have provisions that relate to their disenrollment process. Your attorney will be active in protecting your right to due process and pursuing your best interests.
Common Aspects of the ROTC Disenrollment Process
- All investigations and rulings are overseen by a “board of officers or investigating officer”
- All students are entitled to “appear personally before the board or officer”
- Orders about financial reimbursement or a requirement to serve in active duty are made at the discretion of the Secretary of the Military Department
Experienced Defense Advisor for South Carolina ROTC Students
ROTC students have a plan for their future that can abruptly be devastated by allegations of a Title IX violation and the likely subsequent disenrollment. Title IX attorney Joseph D. Lento will create an effective strategy of defense. Promptly contact his office at (888) 535-3686 for assistance.
South Carolina 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):
- Aiken Technical College
- Allen University
- Anderson University
- Benedict College
- Bob Jones University
- Brown Mackie College Greenville
- Central Carolina Technical College
- Charleston Southern University
- Citadel Military College of South Carolina
- Claflin University
- Clemson University
- Clinton Junior College
- Coastal Carolina University
- Coker College
- College of Charleston
- Columbia College
- Columbia International University
- Converse College
- Denmark Technical College
- Erskine College and Seminary
- Florence Darlington Technical College
- Forrest College
- Francis Marion University
- Furman University
- Golf Academy of America Myrtle Beach
- Greenville Technical College
- Horry Georgetown Technical College
- ITT Technical Institute Columbia
- ITT Technical Institute Greenville
- ITT Technical Institute Myrtle Beach
- ITT Technical Institute North Charleston
- Lander University
- Limestone College
- Medix School Fortis College
- Midlands Technical College
- Miller Motte Technical College
- Miller Motte Technical College North Charleston
- Morris College
- Newberry College
- North Greenville University
- Northeastern Technical College
- Orangeburg Calhoun Technical College
- Piedmont Technical College
- Presbyterian College
- South Carolina State University
- South University Columbia
- Southern Wesleyan University
- Spartanburg Community College
- Spartanburg Methodist College
- Technical College of the Lowcountry
- The Art Institute of Charleston
- Tri County Technical College
- Trident Technical College
- University of Phoenix Columbia Campus
- University of South Carolina Aiken
- University of South Carolina Beaufort
- University of South Carolina Columbia
- University of South Carolina Lancaster
- University of South Carolina Salkehatchie
- University of South Carolina Sumter
- University of South Carolina Union
- University of South Carolina Upstate
- Virginia College
- Virginia College in Charleston
- Virginia College Columbia
- Virginia College Greenville
- Voorhees College
- W L Bonner College
- Williamsburg Technical College
- Winthrop University
- Wofford College
- York Technical 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 South Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
