In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Students in New Hampshire that are seeking to pursue a Reserve Officer Training Corps (ROTC) program can select from several participating schools. ROTC programs provide many great benefits for those who commit to a period of military service. These individuals can benefit from superb leadership training, scholarship assistance for their education, are eligible to become a commissioned officer and others.
Understanding Title IX
Title IX was part of a 1972 educational amendment that sought to address problems with sexually-based discrimination in U.S. schools. All institutions must establish a process that promptly and equitably responds to allegations of potential sexual misconduct. If the allegations against a student are proven, the penalties imposed include suspension or dismissal from their school.
Discrimination may happen in a collegiate setting in areas such as admissions, athletics, accessing benefits, and more. Acts of sexual harassment are also not permitted, as they create a hostile educational environment that does not encourage learning. Examples include appeals for sexual favors or unwelcome advances.
Gender-oriented harassment also violates Title IX and may be committed verbally using intimidation. Those who commit these acts will often make slurs or promote stereotypes regarding a “student's actual or perceived sex.” Some of the most serious violations are acts of sexual violence such as those involving sexual coercion or assault.
Title IX Proceedings
When sufficient evidence exists to support alleged violations, the administration will summon the parties to a hearing. These parties are permitted to select an advisor that will accompany them and provide support. A seasoned student rights attorney must be retained to function in this role.
Having an experienced lawyer better ensures that your school's policies are properly interpreted, the evidence is scrutinized, and your rights are protected. He or she will be important for preparing you to make clear statements and effective responses to questions. The burden of proof employed is by a “preponderance of the evidence.”
Title IX and ROTC Disenrollment
Violations such as sexual misconduct that violate Title IX also are deemed as a breach of the ROTC program contract. These students found to have been in violation will then be subject to the disenrollment process.
Student Rights in the Army ROTC Disenrollment Process (145-4)
There are various basic rights that U.S. Army ROTC students are afforded and procedural requirements associated with the disenrollment process including the following:
- An appointment is made for a “board of officers or investigating officer to review and investigate the circumstances” by a unit commander
- Those subject to disenrollment are entitled to “reasonable notice” to allow them preparation time
- Copies of all “documentary evidence that supports the disenrollment action” must be provided
- They will be allowed a “right to appear personally” to address the allegations before the designated officer or board
- A right to call witnesses to testify in a hearing
- Those wishing to appeal an adverse ruling must submit the request in writing within 14 days
New Hampshire ROTC Student Rights Advisor
The Title IX guidelines and the ROTC disenrollment provisions are complex and are often subject to change. This is one reason to choose a Title IX attorney that is very familiar with the field of student rights and aspects of military law. Contact the Lento Law Firm today at (888) 535-3686 for assistance.
New Hampshire 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):
- Chester College of New England
- Colby Sawyer College
- Daniel Webster College
- Dartmouth College
- Franklin Pierce University
- Granite State College
- Great Bay Community College
- Hesser College
- Keene State College
- Lakes Region Community College
- Lebanon College
- Manchester Community College
- Nashua Community College
- New England College
- New Hampshire Institute of Art
- NHTI Concord's Community College
- Northeast Catholic College
- Plymouth State University
- River Valley Community College
- Rivier College
- Saint Anselm College
- Southern New Hampshire University
- St. Joseph School of Nursing
- Thomas More College of Liberal Arts
- University of New Hampshire at Manchester
- University of New Hampshire Main Campus
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 New Hampshire and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
