Students in Kentucky that are seeking to pursue a Reserve Officer Training Corps (ROTC) program can choose from several participating schools. These programs offer a variety of benefits for those who commit to complete a period of military service. Students benefit from superior leadership training, assistance with tuition and expenses for their education, the opportunity to enter the military as a commissioned officer, and others.
What is Title IX?
Implemented in 1972, Title IX was part of an educational amendment that addressed problems with sexually-based discrimination in all U.S. schools. All schools are responsible for creating and maintaining a process that promptly, fairly, and equitably handles claims of potential sexual misconduct. If the allegations are substantiated, the student is likely to be suspended or dismissed from their school.
In a college or university setting, acts of sexual discrimination may surface in admissions, athletics, accessing benefits, and more. Acts of sexual harassment are forbidden because they create a hostile educational environment that is not conducive to learning. Examples include inappropriate requests for sexual favors or unwelcome advances.
Gender-oriented harassment also violates Title IX and may involve intimidation. Sometimes those who commit these acts will make slurs or promote stereotypes that relate to a “student's actual or perceived sex.” Acts of sexually-based violence are among the most serious violations. Examples include sexual coercion or assault.
Title IX Process
When the designated investigators believe that the evidence supports allegations, they will summon all parties to a hearing. Schools typically allow the parties to select an advisor that will accompany them and provide support. Students facing these violations must retain a knowledgeable attorney to function in this role.
A seasoned student rights attorney will correctly interpret your school's unique procedures, scrutinize the evidence, and ensure your rights to due process. Your attorney will assist you in preparing to make concise statements and effective responses to questions. Accusations must be proven by a “preponderance of the evidence” standard.
Title IX and ROTC Disenrollment
A Title IX violation is also generally deemed as a breach of contract for those in ROTC programs. Violators should expect to subsequently face the disenrollment process.
Student Rights in the Army ROTC Disenrollment Process (145-4)
There are various basic rights that students are entitled to and many requirements associated with the disenrollment process of the U.S. Army such as the following:
- A unit commander will “appoint a board of officers or investigating officer to review and investigate the circumstances”
- Accused students are afforded “reasonable notice” to allow for preparation time
- Copies of all “documentary evidence that supports the disenrollment action” must be provided
- Accused students have the “right to appear personally” to answer the allegations before the designated officer or board
- A right to call witnesses to testify in a hearing
- Those seeking to appeal an unfavorable ruling must submit the request in writing within 14 days
Kentucky ROTC Student Rights Advisor
Many of the Title IX guidelines and the ROTC disenrollment provisions are complicated and are subject to change. For this reason, it is important to choose a lawyer that routinely practices in the realm of student rights and is familiar with military law. Call the Lento Law Firm today at (888) 535-3686 for further assistance.
Kentucky 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):
- Alice Lloyd College
- Asbury University
- Ashland Community and Technical College
- ATA College
- Beckfield College Florence
- Bellarmine University
- Big Sandy Community and Technical College
- Bluegrass Community and Technical College
- Brescia University
- Brown Mackie College Hopkinsville
- Brown Mackie College Louisville
- Brown Mackie College Northern Kentucky
- Campbellsville University
- Centre College
- Clear Creek Baptist Bible College
- Daymar College Bellevue
- Daymar College Bowling Green
- Daymar College Louisville
- Daymar College Louisville
- Daymar College Madisonville
- Daymar College Online
- Daymar College Owensboro
- Daymar College Paducah Main
- Daymar College Scottsville
- DeVry University Kentucky
- Eastern Kentucky University
- Elizabethtown Community and Technical College
- Gateway Community and Technical College
- Georgetown College Georgetown, Kentucky
- Hazard Community and Technical College
- Henderson Community College
- Hopkinsville Community College
- ITT Technical Institute Lexington
- ITT Technical Institute Louisville
- Jefferson Community and Technical College
- Kentucky Christian University
- Kentucky Mountain Bible College
- Kentucky State University
- Kentucky Wesleyan College
- Lincoln College of Technology Florence
- Lindsey Wilson College
- Madisonville Community College
- Maysville Community and Technical College
- MedTech College Lexington Campus
- Mid Continent University
- Midway College
- Morehead State University
- Murray State University
- National College Lexington
- Northern Kentucky University
- Owensboro Community and Technical College
- Pikeville College
- Saint Catharine College
- Simmons College of Kentucky
- Somerset Community College
- Southcentral Kentucky Community and Technical College
- Southeast Kentucky Community and Technical College
- Spalding University
- Spencerian College
- Spencerian College Lexington
- Sullivan College of Technology and Design
- Sullivan University
- Thomas More College
- Transylvania University
- Union College
- University of Kentucky
- University of Louisville
- University of Phoenix Louisville Campus
- University of Pikeville
- University of the Cumberlands
- West Kentucky Community and Technical College
- Western Kentucky University
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 Kentucky and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
