Students that participate in the Reserve Officer Training Corps (ROTC) programs receive college scholarships and additional financial benefits in exchange for an obligation for military service. The University of Colorado and Colorado State University are the two primary schools that offer Army ROTC programs; however, many other schools in Colorado operate through “partnership networks” that allow access. Students that do not comply with the rules and regulations of their school and/or the military may face significant adverse penalties.
About Title IX
The U.S. Department of Education established Title IX in 1972 to deter and investigate acts of sexual discrimination in educational institutions. Schools that do not comply may potentially lose eligibility for federal funding. The Title IX guidelines have evolved in response to court rulings and are frequently clarified by the U.S. Secretary of Education. Recent changes have reinforced the importance of seeking assistance from an attorney that is active in this realm of legal practice.
Title IX violations may be committed in various ways including the following:
- Sexual violence: These acts are physical and are committed against unwilling victims such as in a sexual assault. The victims are those that do not grant consent to participate in sexual activity or are legally unable to consent.
- Sexually-based harassment: These acts may create a hostile learning environment for the victim. Examples include making inappropriate sexual advances or requests for favors.
- Gender-oriented harassment: May occur in the form of verbal abuse that is hostile or intimidating. Perpetrators may promote false stereotypes or make slurs that are “based on a student's actual or perceived sex.”
U.S. Code (§ 2005) General Military Law Regarding Training and Education
The ROTC program involves entering a written contract that contains the educational requirements to be completed and a defined active duty commitment. Those who do not complete the educational program are subject to active-duty service. Those who fail to satisfy the active-duty requirement or other provisions are subject to “repayment provisions.” These reimbursements may apply to tuition, supplies, stipends, and more.
ROTC Disenrollment Provisions
Training Command Instruction 1533.2A
ROTC Instruction 36-2011
Title IX Process and Role of an Advisor
When allegations of violating Title IX are reported, they are promptly investigated by designated administrators. The parties may be summoned to a hearing. Schools generally allow parties to choose an advisor that will support and accompany them. Having a seasoned defense attorney function in this capacity is critical.
Your attorney may independently review all evidence and prepare you to make statements and effectively respond to questioning. He or she may also participate in discussions with campus administrators regarding potentially amicable resolutions.
The burden of proof used to assess these allegations is by a “preponderance of the evidence” or a “clear and convincing” standard. If this standard is satisfied, the administration may impose sanctions including suspension or dismissal from the University.
Title IX violations generally will breach a military contract and lead to potential ROTC disenrollment. Each branch of the military has written procedures outlining their process of disenrollment. A disenrollment will result in a loss of eligibility for becoming a commissioned officer. Your attorney will also be critically important in these matters by aiding your defense and protecting your rights.
Colorado Title IX Advisor Defends ROTC Students Facing Disenrollment Actions
Title IX Attorney Joseph D. Lento has a unique blend of skills and experience to defend ROTC students in disenrollment actions. He understands the potential ramifications and will work tirelessly on your behalf. Contact the office at (888) 535-3686 today.
Colorado 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):
- Adams State College
- Aims Community College
- American Sentinel University
- Arapahoe Community College
- Argosy University Denver
- Bel Rea Institute of Animal Technology
- Boulder College of Massage Therapy
- College America Colorado Springs
- College America Denver
- College America Fort Collins
- Colorado Academy of Veterinary Technology
- Colorado Christian University
- Colorado College
- Colorado Heights University
- Colorado Mesa University
- Colorado Mountain College
- Colorado Northwestern Community College
- Colorado School of Healing Arts
- Colorado School of Mines
- Colorado State University Fort Collins
- Colorado State University Pueblo
- Colorado Technical University Colorado Springs
- Colorado Technical University Greenwood Village
- Colorado Technical University Online
- Community College of Aurora
- Community College of Denver
- Denver School of Nursing
- DeVry University Colorado
- Ecotech Institute
- Everest College Aurora
- Everest College Colorado Springs
- Everest College Thornton
- Fort Lewis College
- Front Range Community College
- Institute of Business and Medical Careers
- ITT Technical Institute Aurora
- ITT Technical Institute Westminster
- Johnson & Wales University Denver
- Jones International University
- Lamar Community College
- Metropolitan State College of Denver
- Morgan Community College
- Naropa University
- National American University Centennial
- National American University Colorado Springs
- National American University Colorado Springs South
- National American University Denver
- Nazarene Bible College
- Northeastern Junior College
- Otero Junior College
- Pikes Peak Community College
- Platt College Aurora
- Prince Institute Rocky Mountains
- Pueblo Community College
- Red Rocks Community College
- Redstone College
- Regis University
- Remington College Colorado Springs Campus
- Rocky Mountain College of Art and Design
- The Art Institute of Colorado
- Trinidad State Junior College
- United States Air Force Academy (exempt from Title IX and the Clery Act)
- University of Colorado Boulder
- University of Colorado Denver
- University of Colorado Colorado Springs
- University of Denver
- University of Northern Colorado
- University of Phoenix Colorado Campus
- University of Phoenix Southern Colorado Campus
- Western State Colorado University
- Westwood College Denver North
- Westwood College Denver South
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 Pennsylvania, 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 Colorado and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.