New York Title IX Attorney for ROTC

The Reserve Officer Training Corps (ROTC) programs provide college scholarships and additional financial assistance for students who assume an obligation for military service. More than 12 primary institutions are offering ROTC programs in New York. Also, many other schools have established "partnership networks" that allow access to this curriculum. If a student fails to comply with the rules and regulations of their school and/or the military, they may be subject to adverse consequences.

About Title IX

The United States Department of Education introduced Title IX in 1972 in efforts to ensure that sexual discrimination is properly addressed in educational institutions. Schools that fail to comply may lose eligibility for federal funding. The guidelines are subject to change, such as in response to court rulings and are clarified by the Secretary of Education. Because of this potential volatility, students accused of violations must seek assistance from a lawyer that is active in this realm of legal practice.

Some of the most common examples of how Title IX violations are committed include the following:

  • Sexual harassment: These are hostile acts such as making inappropriate sexual advances or requests for favors.
  • Gender-based harassment: Is often committed verbally by perpetrators who promote stereotypes or make slurs that are “based on a student's actual or perceived sex.”
  • Sexual violence: These are serious acts committed against unwilling victims such as sexual assault. The victim may have not provided consent to participate in sexual activity or is unable to legally consent. This incapability may be due to the victim's age, being under the influence of drugs or alcohol, or intellectual impairment.

U.S. Code (§ 2005) General Military Law Regarding Training and Education

The ROTC program involves a written agreement that outlines some specific educational requirements and a defined active-duty service commitment. Those who fail to complete the educational program are subject to active-duty service. Anyone who does not satisfy this active-duty requirement is subject to “repayment provisions” that 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

The Title IX Process and Advisory Role

Alleged violations of Title IX are investigated by designated administrators and all parties are usually summoned to a hearing. Most institutions allow parties to choose an advisor for support and accompaniment. Securing experienced legal counsel is this capacity is critical for independently reviewing all evidence and preparing the accused to deliver statements and effectively respond to questioning.

Your attorney may consider entering discussions with administrators to potentially reach an amicable resolution. To prove allegations, actions must satisfy a “preponderance of the evidence” or a “clear and convincing” evidentiary standard. The sanctions that are typically imposed include suspension or dismissal from the University.

The Disenrollment Process

Title IX violations may be grounds for ROTC disenrollment that bars the student from becoming a commissioned officer. Each military branch has written procedures outlining their process of disenrollment. Your attorney is of significant importance for aiding your defense and protecting your rights.

Attorney Represents ROTC Students Facing Disenrollment Actions in New York

Joseph D. Lento is an attorney with the skills and experience to effectively defend ROTC students in disenrollment actions. He has an understanding of the potential ramifications and will work diligently on your behalf. Contact the office at (888) 535-3686 today.

Contact Us Today!

Footer 2

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu