Students admitted to Reserve Officer Training Corps (ROTC) programs are eligible for college scholarships and other financial benefits in exchange for assuming a military service obligation. Several primary institutions are offering ROTC programs in Missouri and many other schools have implemented “partnership networks” that allow access. These students must comply with the rules and regulations of their school and/or their military agreement to avoid adverse consequences.
Understanding Title IX
The U.S. Department of Education originally established Title IX in 1972 to address sexual discrimination in educational institutions. Schools must comply to maintain eligibility for critical federal funding. The guidelines have continued to evolve in response to court decisions and are frequently clarified by the Secretary of Education. Due to this volatility, students accused of violations should seek assistance from an attorney that is familiar with this realm of legal practice.
Some of the common ways that Title IX violations may be committed are as follows:
- Sexual violence: May include physical acts committed against unwilling victims such as sexual assault. Victims include those that have not given consent to engage in sexual activity or are not legally able to consent. This inability may be due to the victim's age, impairment from drugs or alcohol, or intellectual impairment.
- Sexual harassment: These actions may produce a hostile learning environment for the victim. Examples include unwelcome sexual advances or requests for favors.
- Gender-based harassment: Is often in the form of verbal abuse that is hostile or intimidating. The perpetrator may promote 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 agreement that outlines the educational requirements to be completed and a defined active-duty service commitment. Students that fail to complete these educational goals are subject to active-duty service. Those who do not satisfy the active duty requirement or other provisions may also be ordered to repay any financial benefits received. This reimbursement may 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 and Advisor Role
Each school's designated Title IX Coordinator must investigate claims of potential violations. When sufficient evidence supports the allegations, all parties are generally summoned to a hearing. Most schools allow all parties to choose an advisor that will support and accompany them. Students are strongly encouraged to retain experienced legal counsel is this capacity.
This is important for independently reviewing all evidence and preparing the accused to deliver statements and effectively respond to questioning. Your attorney may also participate in negotiations to potentially find an amicable resolution. Allegations are evaluated using either a “preponderance of the evidence” or a “clear and convincing” evidentiary standard. The penalties imposed include suspension or dismissal from the University.
Disenrollment Process
Title IX violations are also generally a grounds for ROTC disenrollment. This would result in the student being ineligible to become a commissioned officer. The branches of the military each have written procedures outlining their process of disenrollment. A student rights attorney is vitally important to your defense and to ensure your rights are protected.
Title IX Attorney Defends ROTC Students in Missouri Facing Disenrollment Actions
Joseph D. Lento is an attorney that has a blend of skills and experience to effectively defend ROTC students in disenrollment actions. He understands the potential consequences and will work diligently on your behalf. Contact the office today at (888) 535-3686.
Missouri 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):
- Avila University
- Baptist Bible College and Graduate School
- Benedectine College
- Brown Mackie College St Louis
- Bryan University Springfield
- Calvary Bible College and Theological Seminary
- Central Bible College
- Central Christian College of the Bible
- Central Methodist University College of Liberal Arts & Sciences
- Chamberlain College of Nursing Missouri
- College of the Ozarks
- Colorado Technical University Kansas City
- Columbia College
- Conception Seminary College
- Cottey College
- Cox College
- Crowder College
- Culver Stockton College
- DeVry University Missouri
- Drury University
- East Central College
- Evangel University
- Everest College Springfield
- Fontbonne University
- Grantham University
- Hannibal LaGrange University
- Harris Stowe State University
- Hickey College
- ITT Technical Institute Arnold
- ITT Technical Institute Earth City
- ITT Technical Institute Kansas City
- ITT Technical Institute Springfield
- Jefferson College
- Kansas City Art Institute
- Kenrick Glennon Seminary
- L'Ecole Culinaire
- Lincoln University
- Lindenwood University
- Linn State Technical College
- Maryville University of Saint Louis
- Messenger College
- Metro Business College Arnold
- Metro Business College Cape Girardeau
- Metro Business College Jefferson City
- Metro Business College Rolla
- Metropolitan Community College Blue River
- Metropolitan Community College Business & Technology
- Metropolitan Community College Longview
- Metropolitan Community College Maple Woods
- Metropolitan Community College Penn Valley
- Midwestern Baptist Theological Seminary
- Mineral Area College
- Missouri Baptist University
- Missouri College
- Missouri Southern State University
- Missouri State University Springfield
- Missouri State University West Plains
- Missouri Tech
- Missouri University of Science and Technology
- Missouri Valley College
- Missouri Western State University
- Moberly Area Community College
- National American University Independence
- National American University Lee's Summit
- National American University Zona Rosa
- North Central Missouri College
- Northwest Missouri State University
- Ozark Christian College
- Ozarks Technical Community College
- Park University
- Pinnacle Career Institute North Kansas City
- Pinnacle Career Institute South Kansas City
- Ranken Technical College
- Research College of Nursing
- Rockhurst University
- Saint Louis Christian College
- Saint Louis Community College
- Saint Louis University Main Campus
- Sanford Brown College Fenton
- Sanford Brown College Hazelwood
- Sanford Brown College St Peters
- Southeast Missouri Hospital College of Nursing and Health Sciences
- Southeast Missouri State University
- Southwest Baptist University
- St Charles Community College
- St Louis College of Health Careers Fenton
- St Louis College of Health Careers St Louis
- St Louis College of Pharmacy
- State Fair Community College
- Stephens College
- Stevens Institute of Business & Arts
- Texas County Technical College
- Three Rivers Community College
- Truman State University
- University of Central Missouri
- University of Missouri Columbia
- University of Missouri Kansas City
- University of Missouri St Louis
- University of Phoenix Kansas City Campus
- University of Phoenix Springfield Campus
- University of Phoenix St Louis Campus
- Vatterott College Berkeley
- Vatterott College
- Vatterott College Kansas City
- Vatterott College Saint Joseph
- Vatterott College Springfield
- Vatterott College St Charles
- Vatterott College Sunset Hills
- Washington University in St Louis
- Webster University
- Wentworth Military Academy & Junior College
- Westminster College
- William Jewell College
- William Woods 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 Missouri and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
