Did you know that more than 20,000 U.S. students are participating in ROTC programs at colleges and universities? These students are making a military service obligation in exchange for scholarships and other benefits. Alabama has six primary schools that offer Army ROTC; however, students at several other schools are also able to access this curriculum through institutional partnership agreements.
About Title IX
All U.S. educational institutions are tasked with Title IX compliance to remain eligible for federal funding. This civil rights amendment was implemented in 1972 by the U.S. Department of Education to combat sexually-based discrimination. Institutions must designate a Title IX Coordinator who drafts and maintains written procedures for investigating and equitably ruling on these matters.
Violations may include preventing or impeding someone's participation in programs or access to benefits based on their gender or sexual orientation. Acts of sexual harassment, such as promoting false stereotypes or making unwanted sexual advances are strictly prohibited. Physically violent sexual acts including assault are also deemed as harassment and may have criminal implications. These involve a victim that has not given consent to participate in sexual activity or is incapable of giving consent due to age, incapacitation or mental deficiency.
Parties to disciplinary actions can choose an advisor that will function in a support role. It is critical to retain legal representation that is well-versed in these matters promptly after allegations are made. Timing is critical to ensure you are sufficiently prepared to issue clear statements and respond effectively to questions. Your attorney may also potentially engage in discussions to negotiate a favorable resolution on your behalf.
Title IX and ROTC Disenrollment
The majority of schools employ a preponderance of the evidence standard in proving allegations. Those who are found to have committed violations of Title IX are likely to be suspended or expelled from the school. These students are also likely to face ROTC disenrollment for breaching their written agreement with the government.
Disenrollment leads to ineligibility to become a commissioned officer. The student may then be held financially responsible for repaying the benefits they have received and be compelled to serve in active duty. The Army, Navy, and Air Force each have written provisions that relate to the disenrollment process. Your attorney will be instrumental in protecting your right to due process and advocating for your best interests.
Common Aspects of the ROTC Disenrollment Process
- Investigations and rulings are overseen by a “board of officers or investigating officer”
- Students are afforded a right to “appear personally before the board or officer”
- Any orders for financial reimbursement or a requirement to serve in active duty is at the discretion of the Secretary of the Military Department
Experienced Defense Advisor in Alabama for ROTC Students
ROTC students have a clear plan for their future that can quickly be disrupted by allegations of a Title IX violation and the likely subsequent disenrollment. Joseph D. Lento is a Title IX attorney that will create an effective strategy of defense in these matters. Promptly contact the office at (888) 535-3686 for assistance.
Alabama 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):
- Alabama A & M University
- Alabama Southern Community College
- Alabama State University
- Amridge University
- Auburn University
- Auburn University at Montgomery
- Bevill State Community College
- Birmingham Southern College
- Bishop State Community College
- Brown Mackie College Birmingham
- Central Alabama Community College
- Chattahoochee Valley Community College
- Columbia Southern University
- Concordia College Selma
- Enterprise State Community College
- Faulkner University
- Fortis College Mobile
- Fortis College Montgomery
- Gadsden State Community College
- George C Wallace State Community College Dothan
- George C Wallace State Community College Hanceville
- George C Wallace State Community College Selma
- H Councill Trenholm State Technical College
- Heritage Christian University
- Herzing University Birmingham
- Huntingdon College
- Huntsville Bible College
- ITT Technical Institute Bessemer
- ITT Technical Institute Madison
- ITT Technical Institute Mobile
- J F Drake State Technical College
- Jacksonville State University
- James H Faulkner State Community College
- Jefferson Davis Community College
- Jefferson State Community College
- John C Calhoun State Community College
- Judson College
- Lawson State Community College Birmingham Campus
- Lurleen B Wallace Community College
- Marion Military Institute
- Miles College
- Northeast Alabama Community College
- Northwest Shoals Community College Muscle Shoals
- Oakwood University
- Prince Institute of Professional Studies Inc
- Reid State Technical College
- Remington College Mobile Campus
- Samford University
- Selma University
- Shelton State Community College
- Snead State Community College
- South University Montgomery
- Southeastern Bible College
- Southern Union State Community College
- Spring Hill College
- Stillman College
- Talladega College
- The University of Alabama
- Tri State Institute
- Troy University
- Tuskegee University
- University of Alabama at Birmingham
- University of Alabama at Huntsville
- University of Mobile
- University of Montevallo
- University of North Alabama
- University of Phoenix Birmingham Campus
- University of South Alabama
- University of West Alabama
- Virginia College Birmingham
- Virginia College Huntsville
- Virginia College Mobile
- Virginia College Montgomery
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 Alabama and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
