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.
