The Reserve Officer Training Corps (ROTC) is a preparatory program for college and university students in Florida and across the country to become officers in the U.S. military. In exchange for a post-college career and a paid college education, cadets in the ROTC commit to serving in the military after graduation. There are over 20 colleges and universities in Florida where students can participate in an ROTC program.
If you are a student who plans to start a career in the military, joining the ROTC is a big step in the right direction. But to join you'll have to prove that you're able to keep a clean academic and disciplinary record. The armed forces values integrity and morale. In an industry where qualities like discipline are of the highest regard, nothing can ruin your military career faster than a responsible determination for sexual misconduct.
The military is already under fire for surging rates of sexual violence. Within the last two years, there were 20,500 instances of “unwanted sexual contact,” based on a survey of men and women across the Army, Navy, Air Force and Marines. In response to the report, recruiters and higher-ups have become especially adamant about rejecting people who have a history of perpetuating inappropriate sexual behavior in any capacity.
Yes, the military's stance on sexual violence is rigid, but all is not lost. ROTC students facing allegations of this nature and truly believe they're innocent have options to undergo a fair process through a law named “Title IX.”
Defining Title IX
Title IX of the Education Amendments is a federal civil rights law that addresses gender-based discrimination against students attending U.S. colleges and universities. According to federal guidelines, Florida higher education institutions are obligated to adjudicate cases that entail gender discrimination.
Sexual misconduct, in all of its variations, falls under the umbrella of gender discrimination, and therefore, warrants an investigation, a determination of responsibility, and (if applicable) the imposition of sanctions, like disenrollment from the ROTC, and suspension/expulsion from the institution.
Some violations of Title IX include:
- Sexual harassment: unwelcome and inappropriate sexual remarks or physical advances.
- Sexual violence: the act of forcing or manipulating someone into unwanted sexual activity without their consent. Some forms of sexual violence include rape and sexual assault.
- Gender-based harassment: this type of behavior includes slurs, negative stereotyping, and any hurtful remark made based on another person's gender.
The Disenrollment Process
ROTC students who are found responsible for a violation of Title IX will be barred or "disenrolled" from the occupancy of a commissioned officer. Each branch of the military has unique regulations concerning their process of disenrollment.
Why You Need a Student Defense Attorney
While the Lento Law Firm wholeheartedly believes that sexual misconduct is unacceptable in any all circumstances, we also believe that ROTC respondents (also known as accused students) are entitled to civil rights and due process. One of Title IX's many functions is to promote equity in school processes. It is the duty of an experienced attorney to ensure that each party's rights are honored and that the process is fair.
Title IX allegations are typically addressed in a hearing. The majority of institutions allow parties to select an advisor that can aid them in their school's process. By seeking legal counsel as your advisor, you're likely to be prepared for the moments in the process that matter most - your statements, questioning, the collection of evidence etc.
Many people are under the impression that higher education institutions are always fair and equitable institutions. But in reality, sometimes schools don't play by their own rules. In a swing of the pendulum, institutions that were once lax and arguably apathetic in their approach to adjudication are now aggressively pursuing complaints - all due to the Department of Education's letter that subtly threatened to strip funding in schools who ignored victims. Consequently, the repercussions for the falsely accused are incredibly damaging. This is why a student defense attorney who has the experience to oversee the entire process and prevent discrepancies is useful.
Title IX Attorney Defends Disenrollment Actions for ROTC Students
Even the most competent school system is not designed to play investigator, judge, jury, executor and appellate court for sexual misconduct. Higher education institutions are bound to make mistakes that can cost innocent people their livelihood, reputation, and even freedom.
If you're an ROTC student at a Florida college or university and have been accused of sexual misconduct, it's imperative you retain legal counsel. Experienced Title IX defense attorney Joseph D. Lento has helped professionals in your predicament achieve true justice in what's been labeled a “flawed system” by both survivors and respondents. Contact the Lento Law Firm online or by phone at 888-535-3686.
Florida 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):
- Acupuncture and Massage College
- AI Miami International University of Art and Design
- American InterContinental University South Florida
- Argosy University Sarasota
- Argosy University Tampa
- Ave Maria University
- Aviator College of Aeronautical Science and Technology
- Barry University
- Beacon College
- Bethune Cookman University
- Brevard Community College
- Broward College
- Brown Mackie College Miami
- Carlos Albizu University Miami
- CBT College Cutler Bay
- Centura Institute
- Chamberlain College of Nursing Florida
- Chipola College
- City College Altamonte Springs
- City College Fort Lauderdale
- City College Gainesville
- City College Miami
- Clearwater Christian College
- College of Business and Technology Flagler
- College of Business and Technology Hialeah
- College of Business and Technology Kendall
- College of Central Florida
- Daytona State College
- DeVry University Florida
- Digital Media Arts College
- Eastern Florida State College
- Eckerd College
- Edison State College
- Edward Waters College
- Embry Riddle Aeronautical University Daytona Beach
- Embry Riddle Aeronautical University Worldwide
- Everest Institute Fort Lauderdale
- Everest Institute Hialeah
- Everest Institute Kendall
- Everest Institute North Miami
- Everest University Brandon
- Everest University Jacksonville
- Everest University Lakeland
- Everest University Largo
- Everest University Melbourne
- Everest University North Orlando
- Everest University Orange Park
- Everest University Pompano Beach
- Everest University South Orlando
- Everest University Tampa
- Everglades University
- Flagler College St Augustine
- Florida Agricultural and Mechanical University
- Florida Atlantic University
- Florida Career College Clearwater
- Florida Career College Miami
- Florida Christian College
- Florida College
- Florida Gateway College
- Florida Gulf Coast University
- Florida Hospital College of Health Sciences
- Florida Institute of Technology
- Florida International University
- Florida Keys Community College
- Florida Memorial University
- Florida National College Main Campus
- Florida Southern College
- Florida State College at Jacksonville
- Florida State University
- Fortis College
- Fortis College Largo
- Fortis College Miami
- Fortis College Tampa
- Fortis College Winter Park
- Fortis Institute Pensacola
- Full Sail University
- Golf Academy of America Altamonte Springs
- Gulf Coast State College
- Herzing University Winter Park
- Hillsborough Community College
- Hobe Sound Bible College
- Hodges University
- Indian River State College
- International Academy of Design and Technology Online
- International Academy of Design and Technology Orlando
- International Academy of Design and Technology Tampa
- ITT Technical Institute Fort Lauderdale
- ITT Technical Institute Fort Myers
- ITT Technical Institute Jacksonville
- ITT Technical Institute Lake Mary
- ITT Technical Institute Miami
- ITT Technical Institute Orlando
- ITT Technical Institute St. Petersburg
- ITT Technical Institute Tallahassee
- ITT Technical Institute Tampa
- ITT Technical Institute University Park
- Jacksonville University
- Johnson & Wales University North Miami
- Jones College Jacksonville
- Jose Maria Vargas University
- Keiser University
- Key College
- Lake Sumter Community College
- Le Cordon Bleu College of Culinary Arts Miami
- Le Cordon Bleu College of Culinary Arts Orlando
- Lincoln College of Technology West Palm Beach
- Lynn University
- Medvance Institute Fort Lauderdale
- Medvance Institute Miami
- Medvance Institute West Palm
- Miami Ad School Miami Beach
- Miami Dade College
- Millennia Atlantic University
- New College of Florida
- North Florida Community College
- Northwest Florida State College
- Northwood University Florida
- Nova Southeastern University
- Palm Beach Atlantic University West Palm Beach
- Palm Beach State College
- Pasco Hernando Community College
- Pensacola State College
- Polk State College
- Polytechnic University of Puerto Rico Miami Campus
- Polytechnic University of Puerto Rico Orlando
- Remington College
- Remington College Tampa Campus
- Ringling College of Art and Design
- Rollins College
- Saint John Vianney College Seminary
- Saint Johns River State College
- Saint Leo University
- Saint Pete College
- Saint Thomas University
- Sanford Brown Institute Ft Lauderdale
- Sanford Brown Institute Jacksonville
- Sanford Brown Institute Orlando
- Sanford Brown Institute Tampa
- Santa Fe College
- Schiller International University
- Seminole State College of Florida
- South Florida Bible College and Theological Seminary
- South Florida Community College
- South University Tampa
- South University West Palm Beach
- Southeastern College
- Southeastern University
- Southwest Florida College
- St Petersburg College
- State College of Florida Manatee Sarasota
- Stenotype Institute of Jacksonville Inc. Jacksonville
- Stenotype Institute of Jacksonville Inc. Orlando
- Stetson University
- Tallahassee Community College
- Talmudic College of Florida
- Taylor College
- The Art Institute of Fort Lauderdale
- The Baptist College of Florida
- The University of Tampa
- The University of West Florida
- Trinity Baptist College
- Trinity College of Florida
- Trinity International University Florida
- University of Central Florida
- University of Florida
- University of Fort Lauderdale
- University of Miami
- University of North Florida
- University of Phoenix Central Florida Campus
- University of Phoenix North Florida Campus
- University of Phoenix South Florida Campus
- University of Phoenix West Florida Campus
- University of South Florida Main Campus
- University of South Florida St. Petersburg Campus
- University of West Florida
- Valencia College
- Virginia College Jacksonville
- Virginia College Pensacola
- Warner University
- Webber International University
- Yeshivah Gedolah Rabbinical 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 Florida and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
