The U.S. Army first established the Reserve Officer Training Corps (ROTC) program as part of the National Defense Act of 1916. Across the U.S., there are now roughly 1,700 colleges and universities that offer ROTC programs for the branches of the military. Students that are accepted into these programs are subject to written guidelines and requirements of both their school and the military. Among the most serious allegations that a student may face are those of violating Title IX provisions that relate to sexual discrimination.
If the allegations are proven, a student can expect to be suspended or expelled from their school. ROTC students also can be subject to subsequent disenrollment proceedings for breaching their military contracts. With so much at stake, accused students must promptly seek assistance from an attorney that is well-versed in this specific realm of legal practice.
What is Title IX?
In 1972, the U.S. Department of Education introduced Title IX requiring all schools to establish and maintain written procedures related to handling accusations of sexually-based discrimination. Schools that do not comply may risk losing eligibility for federal education funding. A Title IX Coordinator is designated at each institution to facilitate the process of investigating, making a ruling, and potentially imposing sanctions and penalties.
Violations may occur in several ways. Discrimination may occur when someone is excluded from participation or denied benefits based on their gender or sexual identity. Acts of sexual harassment are prohibited such as those that promote stereotypes or involve unwanted sexual advances. Very serious forms of harassment may escalate to violence in incidents including sexual assault.
Institutional Process and Standards of Evidence
Most schools will conduct a hearing where all parties may issue statements and hear witness testimony and other evidence. Accused students can have an attorney accompany them to all proceedings acting in an advisory role. Alleged violations are subject to a preponderance of the evidence standard. The other evidentiary standard that may be employed in Title IX actions is whether proven by a clear and convincing standard.
ROTC Disenrollment Process
ROTC students that have committed a Title IX violation are determined to have breached their military contract; therefore, they are consequently subject to the disenrollment process. U.S. Code §2005 addresses the potential consequences including the following:
- Eligibility for receiving an officer commission is rescinded
- The student is obligated to repay the government for the financial benefits received such as tuition and scholarships
- An order to complete “active enlisted service” in their military branch
Importance of Legal Representation
Legal counsel will be a tremendous asset in your preparation. You must be well-prepared to assertively issue statements and effectively respond to questions. He or she will assess the strength of all evidence to potentially find weaknesses or inconsistencies. Your attorney will protect your right to due process and equitable treatment.
Attorney for ROTC Students Facing Disenrollment for Violating Title IX
ROTC students that are subjected to disciplinary actions may have their long-term goals abruptly shattered. Joseph D. Lento is an experienced Title IX attorney that will diligently protect your rights and pursue a positive outcome. Contact him today at (888) 535-3686 for assistance.
Louisiana 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):
- Acadiana Technical College Lafayette Campus
- Baton Rouge College
- Baton Rouge Community College
- Blue Cliff College Alexandria
- Blue Cliff College Houma
- Blue Cliff College Metairie
- Blue Cliff College Shreveport
- Bossier Parish Community College
- Capital Area Technical College Baton Rouge Campus
- Career Technical College Shreveport
- Centenary College of Louisiana
- Central Louisiana Technical College Alexandria Campus
- Court Reporting Institute of Louisiana
- Delgado Community College
- Delta School of Business and Technology
- Dillard University
- Grambling State University
- Herzing University Kenner
- ITT Technical Institute Baton Rouge
- ITT Technical Institute Saint Rose
- L E Fletcher Technical Community College
- Louisiana College
- Louisiana Delta Community College Monroe Campus
- Louisiana State University and Agricultural & Mechanical College
- Louisiana State University Eunice
- Louisiana State University Alexandria
- Louisiana State University Shreveport
- Louisiana Tech University
- Loyola University New Orleans
- McCann School of Business & Technology Monroe
- McNeese State University
- Medvance Institute Baton Rouge
- Nicholls State University
- Northeast Louisiana Technical College Delta Ouachita Campus
- Northshore Technical Community College
- Northwest Louisiana Technical College
- Northwestern State University of Louisiana
- Nunez Community College
- Our Lady of Holy Cross College
- Our Lady of the Lake College
- Remington College Baton Rouge Campus
- Remington College Lafayette Campus
- Remington College Shreveport Campus
- River Parishes Community College
- Saint Joseph Seminary College
- South Central Louisiana Technical College Young Memorial Campus
- South Louisiana Community College
- Southeastern Louisiana University
- Southern University and A & M College
- Southern University at New Orleans
- Southern University at Shreveport
- Sowela Technical Community College
- Tulane University of Louisiana
- University of Louisiana at Lafayette
- University of Louisiana Monroe
- University of New Orleans
- University of Phoenix Baton Rouge
- University of Phoenix Lafayette
- University of Phoenix Louisiana Campus
- University of Phoenix Shreveport Bossier
- Virginia College
- Xavier University of Louisiana
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 Louisiana and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.