Reserve Officer Training Corps (ROTC) programs provide college scholarships and additional financial benefits for those who assume an obligation for military service. Six primary institutions offer ROTC programs in New Jersey; however, several other schools have established “partnership networks” that allow access. Those who fail to comply with the rules and regulations of their school and/or the military may face significant adverse consequences.
Understanding Title IX
The U.S. Department of Education established Title IX in 1972 in efforts to ensure that sexual discrimination is properly addressed in educational institutions. Schools that fail to comply may lose funding eligibility. The provisions continue to evolve in response to court rulings and are frequently clarified by the Secretary of Education. This volatility is one reason why students accused of violations must seek assistance from an attorney that is active in this realm of legal practice.
Some of the common examples of how Title IX violations may be committed are as follows:
- Sexual violence: These include physical acts committed against unwilling victims such as sexual assault. The victims are those that have not given consent to participate in sexual activity or are incapable of legally consenting. This incapability may be due to the victim's age, being under the influence of drugs or alcohol, or intellectual impairment.
- Sexual harassment: These are acts that produce a hostile learning environment for the victim. Examples include inappropriate sexual advances or requests for favors.
- Gender-oriented harassment: Is often demonstrated through verbal abuse that is hostile or intimidating. Often the perpetrator will promote stereotypes or make slurs that are “based on a student's actual or perceived sex.”
U.S. Code (§ 2005) General Military Law Regarding Training and Education
The ROTC program involves entering a written agreement that specifies the educational requirements to be completed and a defined active duty commitment. Those who do not complete the educational program are subject to active duty. Anyone who does not satisfy the active duty requirement or other provisions is subject to “repayment provisions.” The repayment may apply to tuition, fees, supplies, transportation, and more.
|
Branch of Service |
ROTC Disenrollment Provisions |
|
Army |
Regulation 145-1 |
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Navy |
Training Command Instruction 1533.2A |
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Air Force |
ROTC Instruction 36-2011 |
Title IX Process and Role of an Advisor
Allegations of violating Title IX are investigated by designated administrators and all parties are typically summoned to a hearing. Most institutions allow parties to choose an advisor that will support and accompany them. Retaining experienced legal counsel is this capacity is critical for independently reviewing all evidence and preparing the accused to make statements and effectively respond to questioning.
Your attorney may also engage the administration in discussions regarding a potentially amicable resolution. To prove allegations, actions must satisfy a “preponderance of the evidence” or a “clear and convincing” evidentiary standard. The penalties imposed can include suspension or dismissal from the University.
Disenrollment Process
Violations of Title IX are grounds for ROTC disenrollment that bars the student from becoming a commissioned officer. Each branch of the military has written procedures outlining their process of disenrollment. Your attorney will be of vital importance in aiding your defense and protecting your rights.
Attorney Defends ROTC Students Facing Disenrollment Actions in New Jersey
Joseph D. Lento is a lawyer with unique skills and experience to defend ROTC students in disenrollment actions. He understands the potential ramifications and will work diligently on your behalf. Contact the office at (888) 535-3686 today.
New Jersey 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 italics either have Army, Navy, and/or ROTC programs or are affiliated with schools where students can take ROTC classes):
- UNION COUNTY COLLEGE
- UNIVERSITY OF MEDICINE & DENTISTRY OF NJ
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 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 a ROTC student's academic future and future commission and military career are 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 ROTC students facing sexual misconduct investigations, disenrollment proceedings, and disciplinary cases in New Jersey and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
