The U.S. Army originally established the Reserve Officer Training Corps (ROTC) program as part of the National Defense Act of 1916. Today in the U.S., there are roughly 1,700 post-secondary institutions that have ROTC programs for the branches of the military. The students that commit to these programs must comply with the written policies and requirements of both their school and the military.
Students that are accused of violating federal Title IX guidelines, which pertain to sexual discrimination, may face some harsh consequences. In addition to possibly being suspended or dismissed from their college or university, ROTC students may also be subject to potential disenrollment for breaching their military contracts. Students who find themselves in these circumstances must promptly seek assistance from an attorney that is well-versed in this specific realm of legal practice.
What is Title IX?
Title IX was an amendment established by the U.S. Department of Education in 1972. It requires that all schools implement and uphold policies related to handling complaints of sexually-based discrimination. Schools that do not properly comply may risk losing eligibility for federal education funding. Schools each designate a Title IX Coordinator that facilitates the process of investigating, making a ruling, and potentially imposing penalties.
These violations may happen in several different ways. An example is when an individual is excluded from participation or deprived of benefits as a result of their gender or sexual orientation. Title IX prohibits sexual harassment such as promoting stereotypes or making unwanted sexual advances. Harassment may also involve violence in incidents such as sexual assault.
Processes and Standard of Evidence
Most schools conduct a hearing where all the parties may issue statements, dispute allegations, and hear witness testimony. Accused students are permitted to choose an advisor that acts as a source of support and accompanies them throughout the proceedings. The evidentiary standard most commonly used is whether the allegations satisfy a “preponderance of the evidence” standard.
Potential Consequences of ROTC Disenrollment
If the allegations of misconduct against an ROTC student a proven, the process of disenrollment is likely to ensue. U.S. Code §2005 summarizes the potential adverse consequences including the following:
- Their eligibility for receiving an officer commission will be rescinded
- They are ordered to repay the government for financial benefits received such as tuition and scholarships
- A compulsory requirement to complete “active enlisted service” in their military branch
Benefits of Experienced Legal Representation
Your attorney will be a great asset in preparing you to confidently issue statements and effectively respond to questions. He or she will closely review the strength of all the evidence and potentially detect weaknesses or inconsistencies. Your attorney will work to ensure you are afforded due process and that you are treated fairly.
Defense Attorney for ROTC Students Facing Disenrollment for Violating Title IX
Are you an ROTC student that is the subject of a Title IX disciplinary action? Joseph D. Lento is a seasoned Title IX attorney that will aggressively protect your rights and pursue a positive outcome. He understands that disenrollment will abruptly shatter your goals. Contact the office today at (888) 535-3686 for assistance.
Idaho 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):
- Boise Bible College
- Boise State University
- Brigham Young University Idaho
- Broadview University
- Brown Mackie College Boise
- College of Southern Idaho
- CollegeAmerica Stevens Henager College
- Eastern Idaho Technical College
- Idaho State University
- ITT Technical Institute Boise
- Lewis Clark State College
- North Idaho College
- Northwest Nazarene University
- Stevens Henager College
- The College of Idaho
- University of Idaho
- University of Phoenix Idaho Campus
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 Idaho and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.