In the U.S. today there are now more than 20,000 students partaking in ROTC programs at colleges and universities. Participating students make a defined military service obligation in exchange for scholarships and other benefits. North Carolina has various primary schools that offer ROTC programs; however, students at many other schools are also able to access this curriculum through partnership agreements between the institutions.
About Title IX
U.S. educational institutions are all tasked with Title IX compliance to remain eligible for federal funding. This was part of a civil rights amendment implemented in 1972 by the U.S. Department of Education to stop sexually-based discrimination. Institutions all designate an administrator to serve as their Title IX Coordinator. This individual is responsible for drafting and maintaining written procedures for investigating and equitably ruling on these matters.
Common violations include obstructing or impeding someone's participation in programs or access to benefits based on their gender or sexual identity. Acts of sexually-based harassment, such as promoting false stereotypes or making unwanted sexual advances are also strictly prohibited.
Serious violent acts of a sexual nature including assault are also deemed as harassment and may have criminal implications. These involve victims that have not consented to engage in sexual activity or are incapable of giving consent due to age, incapacitation or mental impairment.
Students that are subject to these disciplinary actions can select an advisor that will function in a support role. It is very critical to retain legal counsel that is well-versed in these matters shortly after the allegations are made. This timing is important to ensure you are sufficiently prepared to deliver clear statements and effectively answer questions. Your attorney may also potentially engage in negotiations to reach a favorable resolution on your behalf.
Title IX and ROTC Disenrollment
Most schools currently employ a preponderance of the evidence standard in assessing allegations. Those that are determined to have committed violations of Title IX are likely to be suspended or dismissed from the school. ROTC students are then likely to face disenrollment proceedings for breaching their written agreement with the government.
Disenrollment results in the ineligibility to become a commissioned officer. Students also may be held financially responsible for repaying the benefits already received and may be compelled to serve in active duty. The Army, Navy, and Air Force each maintain written provisions that relate to this process. A student rights attorney will work to protect your right to due process and advocate for your best interests.
Common Elements of the ROTC Disenrollment Process
- These investigations and decisions are overseen by a “board of officers or investigating officer”
- Students can always “appear personally before the board or officer”
- Any requirements for financial reimbursement or active-duty service orders are subject to the Secretary of the Military Department's discretion
Experienced Defense Advisor in North Carolina for ROTC Students
Students participating in ROTC have a clear plan for their future that can quickly be shattered by allegations of a Title IX violation and a subsequent disenrollment. Title IX attorney Joseph D. Lento is an established attorney that will create a broad strategy of defense in these matters. Promptly contact the office today at (888) 535-3686 for assistance.
North Carolina 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):
- Alamance Community College
- Apex School of Theology
- Appalachian State University
- Asheville Buncombe Technical Community College
- Barton College
- Beaufort County Community College
- Belmont Abbey College
- Bennett College for Women
- Bladen Community College
- Blue Ridge Community College
- Brevard College
- Brunswick Community College
- Cabarrus College of Health Sciences
- Caldwell Community College and Technical Institute
- Campbell University
- Cape Fear Community College
- Carolina Bible College
- Carolina Christian College
- Carteret Community College
- Catawba College
- Catawba Valley Community College
- Central Carolina Community College
- Central Piedmont Community College
- Chowan University
- Cleveland Community College
- Coastal Carolina Community College
- College of the Albemarle
- Craven Community College
- Davidson College
- Davidson County Community College
- DeVry University North Carolina
- Duke University
- Durham Technical Community College
- East Carolina University
- Edgecombe Community College
- Elizabeth City State University
- Elon University
- Fayetteville State University
- Fayetteville Technical Community College
- Forsyth Technical Community College
- Gardner Webb University
- Gaston College
- Grace College of Divinity
- Greensboro College
- Guilford College
- Guilford Technical Community College
- Halifax Community College
- Harrison College
- Haywood Community College
- Heritage Bible College
- High Point University
- Isothermal Community College
- ITT Technical Institute Cary
- ITT Technical Institute Charlotte North
- ITT Technical Institute Charlotte South
- ITT Technical Institute Durham
- ITT Technical Institute High Point
- James Sprunt Community College
- Johnson & Wales University Charlotte
- Johnson C Smith University
- Johnston Community College
- King's College
- Laurel University
- Lees McRae College
- Lenoir Community College
- Lenoir Rhyne University
- Living Arts College
- Livingstone College
- Louisburg College
- Mars Hill University
- Martin Community College
- Mayland Community College
- McDowell Technical Community College
- Meredith College
- Methodist University
- Mid Atlantic Christian University
- Miller Motte College
- Miller Motte College Cary
- Miller Motte College Fayetteville
- Miller Motte College Greenville
- Miller Motte College Raleigh
- Miller Motte College Wilmington
- Mitchell Community College
- Montgomery Community College
- Montreat College
- Mount Olive College
- Nash Community College
- New Life Theological Seminary
- North Carolina A & T State University
- North Carolina Central University
- North Carolina State University at Raleigh
- North Carolina Wesleyan College
- Pamlico Community College
- Pfeiffer University
- Piedmont Community College
- Piedmont International University
- Pitt Community College
- Queens University of Charlotte
- Randolph Community College
- Richmond Community College
- Roanoke Chowan Community College
- Robeson Community College
- Rockingham Community College
- Rowan Cabarrus Community College
- Saint Augustine's College
- Salem College
- Sampson Community College
- Sandhills Community College
- Shaw University
- Shepherds Theological Seminary
- South College Asheville
- South Piedmont Community College
- Southeastern Community College
- Southwestern Community College
- St. Andrews University
- Stanly Community College
- Surry Community College
- The Art Institute of Charlotte
- The Art Institute of Raleigh Durham
- Tri County Community College
- University of North Carolina at Asheville
- University of North Carolina at Chapel Hill
- University of North Carolina at Charlotte
- University of North Carolina at Greensboro
- University of North Carolina at Pembroke
- University of North Carolina at Wilmington
- University of North Carolina School of the Arts
- University of Phoenix Charlotte Campus
- University of Phoenix Raleigh Campus
- Vance Granville Community College
- Wake Forest University
- Wake Technical Community College
- Warren Wilson College
- Wayne Community College
- Western Carolina University
- Western Piedmont Community College
- Wilkes Community College
- William Peace University
- Wilson Community College
- Wingate University
- Winston Salem State 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 North Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
