Students who enter the Reserve Officer Training Corps (ROTC) programs are eligible for college scholarships and other financial benefits in exchange for a military service obligation. The Army, Navy, and Air Force all currently have ROTC programs at post-secondary institutions in Illinois. Participants that fail to comply with the guidelines and regulations of their school and/or the military may face significant adverse penalties.
Understanding Title IX
Title IX was implemented by the U.S. Department of Education in 1972 to stop sexually-based discrimination in educational institutions. If a school fails to comply they may lose funding eligibility. Title IX provisions continue to develop in response to court rulings and are frequently clarified by the Secretary of Education. This recent volatility is one reason why students accused of these infractions must seek assistance from a lawyer that is active in this realm of legal practice.
Some of the primary examples of how Title IX violations may be committed include:
- Sexually-based violence: May include physical acts committed against unwilling victims such as sexual assault. These victims have not given consent to participate in sexual activity or are incapable of legally consenting. This incapacity may be the result of the victim's age, intoxication from drugs or alcohol, or intellectual impairment.
- Sexual harassment: These are actions that generally produce a hostile educational environment for the victim. Examples may include unwelcome advances or requests for sexual favors.
- Gender-oriented harassment: Is often perpetrated through intimidating verbal abuse. Sometimes a perpetrator will promote false stereotypes or make slurs that are “based on a student's actual or perceived sex.”
U.S. Code General Military Law Regarding Training and Education (§ 2005)
ROTC programs involve a written commitment to maintain certain educational requirements and a defined active-duty service obligation. Those who fail to complete the educational program are subject to active-duty service. Anyone who does not satisfy the active-duty requirement or other guidelines is subject to “repayment provisions.” An order to repay may apply to tuition, fees, supplies, transportation, and more.
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Military Branch |
ROTC Disenrollment Provisions |
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Army |
Regulation 145-1 |
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Navy |
Training Command Instruction 1533.2A |
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Air Force |
ROTC Instruction 36-2011 |
Title IX Process and Role of an Advisor
Accusations of wrongdoing associated with Title IX are investigated by designated administrators and all parties are typically summoned to a hearing. Most schools permit the parties to choose an advisor that will support and accompany them. Having knowledgeable legal counsel to serve in this capacity is vital to independently review all evidence and to prepare the accused to confidently deliver statements and effectively respond to questioning.
Your student rights attorney may also engage the administrator(s) in discussions regarding a potentially agreeable resolution. For allegations to be proven, they must satisfy a “preponderance of the evidence” or a “clear and convincing” evidentiary standard. The likely penalties imposed for a violation include suspension or dismissal from the University.
ROTC Disenrollment Process
Each military branch has its written procedures outlining their process of disenrollment. Title IX infractions are grounds for ROTC disenrollment that bars the student from becoming a commissioned officer. Your attorney will be critically important in advocating for your best interests and protecting your rights.
Title IX Lawyer Defends Illinois ROTC Students Facing Disenrollment Actions
Attorney Joseph D. Lento has a unique combination of skills and experience to effectively defend ROTC students in disenrollment actions. He understands the magnitude of the consequences and will work diligently on your behalf. Contact the office at (888) 535-3686 today.
Illinois 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):
- American Academy of Art
- American InterContinental University Online
- Argosy University Chicago
- Argosy University Schaumburg
- Augustana College
- Aurora University
- Benedictine University
- Black Hawk College
- Blackburn College
- Bradley University
- Carl Sandburg College
- Chamberlain College of Nursing Illinois
- Chicago State University
- Christian Life College
- City Colleges of Chicago Harold Washington College
- City Colleges of Chicago Harry S Truman College
- City Colleges of Chicago Kennedy King College
- City Colleges of Chicago Malcolm X College
- City Colleges of Chicago Olive Harvey College
- City Colleges of Chicago Richard J Daley College
- City Colleges of Chicago Wilbur Wright College
- College of DuPage
- College of Lake County
- Columbia College Chicago
- Concordia University Chicago
- Danville Area Community College
- DePaul University
- DeVry University Illinois
- Dominican University
- East West University
- Eastern Illinois University
- Elgin Community College
- Elmhurst College
- Eureka College
- Fox College Inc .
- Governors State University
- Greenville College
- Harper College
- Harrington College of Design
- Heartland Community College
- Hebrew Theological College
- Highland Community College
- Illinois Central College
- Illinois College
- Illinois Eastern Community Colleges Frontier Community College
- Illinois Eastern Community Colleges Lincoln Trail College
- Illinois Eastern Community Colleges Olney Central College
- Illinois Eastern Community Colleges Wabash Valley College
- Illinois Institute of Technology
- Illinois State University
- Illinois Valley Community College
- Illinois Wesleyan University
- International Academy of Design and Technology Chicago
- ITT Technical Institute Mount Prospect
- ITT Technical Institute Oak Brook
- ITT Technical Institute Orland Park
- John A Logan College
- John Wood Community
- Joliet Junior College
- Judson University
- Kankakee Community College
- Kaskaskia College
- Kendall College
- Kennedy King College
- Kishwaukee College
- Knox College
- Lake Forest College
- Lake Land College
- Le Cordon Bleu College of Culinary Arts Chicago
- Lewis and Clark Community College
- Lewis University
- Lexington College
- Lincoln Christian University
- Lincoln College
- Lincoln Land Community College
- Loyola University Chicago
- MacCormac College
- MacMurray College
- McHenry County College
- McKendree University
- Methodist College of Nursing
- Midstate College
- Millikin University
- Monmouth College
- Moody Bible Institute
- Moraine Valley Community College
- Morrison Institute of Technology
- Morton College
- National Louis University
- North Central College
- North Park University
- Northeastern Illinois University
- Northern Illinois University
- Northwestern College
- Northwestern College Southwestern Campus
- Northwestern University
- Oakton Community College
- Olivet Nazarene University
- Pacific College of Oriental Medicine Chicago
- Parkland College
- Prairie State College
- Quincy University
- Rend Lake College
- Resurrection University
- Richland Community College
- Robert Morris University Illinois
- Rock Valley College
- Rockford Career College
- Rockford College
- Roosevelt University
- Saint Augustine College
- Saint Xavier University
- Sanford Brown College Collinsville
- Sanford Brown College Hillside
- Sauk Valley Community College
- School of the Art Institute of Chicago
- Shawnee Community College
- Shimer College
- South Suburban College
- Southeastern Illinois College
- Southern Illinois University Carbondale
- Southern Illinois University Edwardsville
- Southwestern Illinois College
- Spoon River College
- Taylor Business Institute
- Telshe Yeshiva Chicago
- The Illinois Institute of Art Chicago
- The Illinois Institute of Art Schaumburg
- Trinity Christian College
- Trinity College of Nursing and Health Sciences
- Trinity International University
- Triton College
- University of Chicago
- University of Illinois at Chicago
- University of Illinois at Springfield
- University of Illinois at Urbana Champaign
- University of Phoenix Chicago Campus
- University of St Francis
- VanderCook College of Music
- Vatterott College Quincy
- Waubonsee Community College
- Western Illinois University
- Westwood College Chicago Loop
- Westwood College Dupage
- Westwood College O'Hare Airport
- Westwood College River Oaks
- Wheaton 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 Illinois and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
