ROTC Students & Title IX: What You Need to Know
Reserve Officer Training Corps (ROTC) has been an integral part of post-secondary education in the US since 1916 when the program was first introduced by the United States Army as part of the National Defense Act. Now, over a century later, there are approximately 1,700 institutions offering ROTC programs for all branches of the military nationwide.
Nevertheless, students accepted into these programs have to abide by several written rules and adhere to both their school and military requirements. If they are found to have committed serious violations such as sexual discrimination based on federal Title IX guidelines, they may face suspension or dismissal from their college or university. Furthermore, if participating in ROTC, it could mean disenrollment from this program due to breach of contract. Therefore, it is crucial that students promptly consult with an attorney familiar with this unique area of legal practice.
What is Title IX?
Title IX was implemented by the U.S. Department of Education in 1972 as an amendment requiring schools across the US to establish written policies and procedures regarding accusations of sexual discrimination. Institutions that fail to comply with these guidelines stand at risk of losing eligibility for federal education funding.
All schools appoint a Title IX Coordinator who manages investigations into claims for violation and decides on sanctions when necessary. Gender-based or sexually discriminate behavior affects access to benefits based on gender or sexual orientation in different ways. Acts of sexual harassment are strictly prohibited too; they include promoting false stereotypes and making unwanted sexual advances which can also escalate into more severe levels like rape or coercion with criminal implications.
Title IX Investigative Process & Burden Of Proof
When evidence supports allegations filed against a student under investigation for violating Title IX regulations, an institution convenes a hearing where all principals attend – statements issued; testimonies reviewed; witnesses questioned: non-partisan advisors are allowed to lend support throughout proceedings too.
The majority of American schools use a preponderance of the evidence standard to assess such accusations, but they have the alternative option to apply a clear and convincing evidentiary criterion. Bear in mind that if ROTC students are found guilty of any violation, they could face disenrollment with potential consequences listed under U.S. Code §2005 as follows:
* Revocation of eligibility for receiving an officer commission
* Order to compel repayment for all financial assistance received including tuition and scholarships
* Requirement that they fulfill their active-duty military service commitment
How Your Attorney May Assist You
When fighting disciplinary action stemming from Title IX violations, well-prepared individuals must avail themselves of the services of trusted legal counsel. A competent attorney can arm you with confidence before making your statement and help you respond effectively to hearing questions that follow.
Your lawyer also scrutinizes evidence for weaknesses or inconsistencies, thereby working diligently to protect your most critical rights – especially the right to due process – against any potential over-reaching authorities, so there are no mistakes made or limitations encountered while pursuing justice for ROTC participants accused of sexual misconduct.
Title IX Advisor For Utah College Students
Through guidance offered by Todd Spodek as a Title IX advisor, students facing investigations and hearings related to sexual misconduct allegations will feel more secure about their prospects. This includes providing assistance at all stages of case proceedings: first contact by school officials; launch into an investigation; facing a hearing or appeal; pursuing further recourse by filing a Title IX complaint.
If you’re an ROTC student attending one of the following Utah colleges (those in bold offer Army, Navy and/or Air Force ROTC programs), it’s essential contact him today on (888) 535-3686 for professional-grade support:
AmeriTech College Draper
Argosy University Salt Lake City
Brigham Young University Provo
Broadview Entertainment Arts University
Broadview University Layton
Broadview University Orem
Broadview University West Jordan
DeVry University Utah
Dixie State College of Utah
Eagle Gate College Layton
Eagle Gate College Murray
Eagle Gate College Salt Lake City
Fortis College Salt Lake City
Independence University ITT Technical Institute Murray Latter Day Saints Business College Neumont University Park University Provo College American Fork Provo College Provo Salt Lake Community College Snow College Southern – Utah -University Stevens Henager College of Business Provo Stevens Henager Logan Stevens Henager Murray Stevens Henager Ogden The Art Institute of Salt Lake CityUniversity of Phoenix Utah CampusUniversity of UtahUtah State University Utah State University College of Eastern Utah_Utah Valley_UniversityWeber State UniversityWestminster Colleg
Legal guidance when accused of sexual misconduct at college or university is essential. With ROTC students, the stakes can be even higher. The consequences of Title IX violations can permanently mar a student’s military career and academic future, so defense must be mounted aggressively and reliably in such cases by an experienced professional.
Todd Spodek has been defending students’ futures at universities throughout America for over a decade now with considerable success to testify. He does not settle for easy options but prioritizes his clients’ needs and well-being. Thus, Todd Spodek is licensed as an attorney in Pennsylvania, New Jersey, and New York; he is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide serving as a Title IX advisor to students who face accusations for investigation into sexual misconduct allegations.