The Reserve Officer Training Corps (ROTC) programs have provided college scholarships and additional financial benefits for post-secondary students willing to commit to military service since 1916. Only a few schools in Maine offer onsite ROTC programs; however, those attending other schools may benefit from established “partnership networks” that allow access. ROTC participants who fail to comply with the rules and regulations of their school and/or the military agreement may face significant adverse consequences.
What is Title IX?
The United States Department of Education introduced Title IX in 1972 in efforts to prevent sexual discrimination in educational institutions. Schools that do not comply may lose funding eligibility. The guidelines continue to evolve in response to court decisions and are frequently explained by the Secretary of Education. This potential for volatility accentuates the importance of seeking assistance from an attorney that is actively involved in this realm of legal practice.
Common examples of how Title IX violations may be committed are as follows:
- Sexual violence: Includes physical acts committed against unwilling victims such as sexual assault. Victims include those that have not granted consent to participate in sexual activity or are incapable of legally consenting. This inability may be based on the victim's age, intoxication from drugs or alcohol, or intellectual impairment.
- Sexual harassment: Includes acts that create a hostile scholastic environment for the victim. Examples include unwelcome sexual advances or requests for favors.
- Gender-based harassment: Is often committed verbally through abuse that is hostile or intimidating. The perpetrator may promote false stereotypes or make slurs that are “based on a student's actual or perceived sex.”
U.S. Code (§ 2005) General Military Provisions Regarding Training and Education
ROTC programs entail entering a contract that specifies the educational requirements to be accomplished and a defined active-duty commitment. Those who fail to complete the educational requirements are subject to active-duty service. Those who do not satisfy the active-duty requirement or other important guidelines are subject to “repayment provisions.” These repayments can apply to tuition, fees, supplies, transportation, and more.
|
Branch of Service |
ROTC Disenrollment Provisions |
|
Army |
Regulation 145-1 |
|
Navy |
Training Command Instruction 1533.2A |
|
Air Force |
ROTC Instruction 36-2011 |
Title IX Process Advisor Role
Designated institutional administrators are tasked with investigating any claims and all parties are usually summoned to a hearing. Schools allow parties to pick an advisor that will support and accompany them. Securing seasoned legal representation in this role is critical. Your attorney will provide an independent review of all evidence and prepare you to make concise statements and effectively respond to questioning.
Your attorney may also participate in negotiations with the administration regarding a potentially amicable resolution. To prove allegations, the burden of proof is a “preponderance of the evidence” or a “clear and convincing” evidentiary standard. The sanctions imposed include suspension or dismissal from the University.
Disenrollment Process
Title IX violations are also grounds for ROTC disenrollment that bars the student from becoming a commissioned officer. Each military branch has written procedures outlining their disenrollment processes. Your attorney will be vitally important to aid your defense and protect your rights.
Title IX Attorney Defends ROTC Students Facing Disenrollment Actions in Maine
Joseph D. Lento is a lawyer that possesses the skills and experience to effectively defend ROTC students in disenrollment actions. He understands the ramifications and will work conscientiously on your behalf. Please contact the office at (888) 535-3686 today.
Maine 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):
- Bates College
- Bowdoin College
- Central Maine Community College
- Central Maine Medical Center College of Nursing and Health Professions
- Colby College
- College of the Atlantic
- Eastern Maine Community College
- Husson University
- Kaplan University Maine Campus
- Kennebec Valley Community College
- Landing School of Boat Building and Design
- Maine College of Art
- Maine Maritime Academy
- New England School of Communications
- Northern Maine Community College
- Saint Joseph's College of Maine
- Southern Maine Community College
- Thomas College
- Unity College
- University of Maine
- University of Maine at Augusta
- University of Maine at Farmington
- University of Maine at Fort Kent
- University of Maine at Machias
- University of Maine at Orono
- University of Maine at Presque Isle
- University of New England
- University of Southern Maine
- Washington County Community College
- York County Community 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 Maine and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
