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Title IX Rights For ROTC Students
- Case Results
- List of Schools
Here are some representative results we’ve achieved for our clients.
Female complainant’s rights, health, and safety protected throughout lengthy proceedings
Our client was sexually assaulted by a male student acquaintance. We became involved to support our client in getting proper medical treatment, preserving and collecting evidence and witness testimony, and securing therapeutic support. We helped her understand and navigate the many complex options available to her, including a criminal complaint, an informal complaint process, a formal complaint process, or doing nothing. We guided her through the informal process and then the formal process, including interviews with various school and law enforcement officials, and worked closely with the school to put in place appropriate accommodations ensuring that all interviews and hearings did not retraumatize her. The male student was found responsible and was expelled.
Large private university
Witness to sexual violence protected from intimidation
We represented a female witness to a dating violence case on campus who was being pressured to speak with the police and the school investigators about a violent matter she had witnessed on her dorm floor. We immediately communicated on her behalf to the local police, school administrators, and the Title IX investigators to protect her right to choose to not testify and ensure her safety on campus. She was very relieved not to be pressured by the school, the title IX office or the police to attend the hearing and testify about fellow students.
Small private college
Investigation of sexual assault complaint concludes with no charges filed
Our client contacted us immediately upon receiving notice by his school that a claim of sexual assault was made against him by a female student. We assisted him in preparing his detailed answer to the complaint, and then prepared him and accompanied him to his interview with the campus safety police officers. We worked with the school Title IX administrators and helped our client find evidence to show inconsistencies with the complaint. The complainant withdrew her complaint when presented with these inconsistencies and then recanted. The investigation ended and our client was not charged with anything.
Midsized private collegeSee More Case Results
"I am writing to let any college student who gets accused of something serious by their school know that they need a lawyer like Felice Duffy to defend them. I was accused of something terrible by a student that I would never do and didn’t do. Even though I knew exactly what actually happened, I was very scared that my university might not find me innocent. It was terrifying to think that I might lose my full basketball scholarship or could have been suspended or expelled and that me and my family’s name could have gotten a horrible reputation. I can’t even put into words how I excited I was when I got the letter from the school that cleared me completely of the charges against me and I have Felice to thank for that 100%. Since I’m not in Connecticut, Felice and her investigator used video conferencing to interview me and my witnesses, talk with my parents, and get me fully prepared for every meeting I had with my school. They got all my texts and email that proved my innocence and organized them perfectly for the Dean and the discipline committee. Felice was always very direct and respectful even though the subject matter was very personal, and she was always ahead of the school in terms of getting me and them important information at every step. It was like having the best scouting report ever." Felice obviously knows her stuff but she also deeply cares. You can tell that she loves the work she’s doing to help college kids in really difficult situations.
College Sophomre, Colorado
“The claims leveled against me were terrible, but the wonderful news is that I was fully cleared of all the allegations because of the outstanding work Christine Brown and the team at Duffy Law did on my behalf. The first thing that really impressed me was that from the very first call Christine quickly understood what was going on and was able to read between the lines to understand the complicated dynamics of the situation. Despite my entire career being spent in academia, I didn't know much about Title IX procedures. Her expertise and knowledge of the process was immediately apparent and critically helpful in guiding me and giving me as much peace of mind as possible.. Christine knew how to spot the important subtext throughout the process and made sure I understood the strategic options I had at every stage going forward. I felt very confident in the decisions we made together. I felt vindicated by the decision and that this situation will have no further effects on my career. I am very grateful to Christine and Duffy Law for guiding me through this stressful process and recommend them without reservation to any faculty member facing a similarly challenging situation. ”
Assistant Professor in the School of Medicine at a midwest university
“I hired Felice Duffy in the middle of a Title IX sexual assault proceeding. While I had initially retained another attorney on a recommendation, it turns out they did not have much insight to the inner workings of university policy, which I learned is NOT required to follow the basic laws of due process. Felice was absolutely incredible, and as an athlete, she understood my thought process and feelings the entire way. This is what stood out the most to me. At the beginning of my school’s adjudication process, I was an absolute mess. Not only is Felice extremely knowledgeable in law and how school adjudication processes work, but she also really does care about her clients and their well-being. It was initially extremely tough for me to speak about what I was facing. Felice was able to assist me not only in compiling the proper evidence and responding to the school, but also put me in the right state of mind to defend myself and move on with my life after it was all completed. Prior to hiring Duffy Law, I was concerned that I would be relegated to working with a legal assistant or secretary being that my case was in a college setting as opposed to a state court. However, Felice always found a way to make time and was there every step of the way. I feel like an important part of hiring an attorney is being able to trust them to fight for you no matter what the scenario may be and you can rest assured you will be getting that with Duffy Law. I would recommend Felice Duffy of Duffy Law 10 times out of 10 to anyone that may be put in a tough situation like I was”
Female College Freshman, MassachusettsSee More Client Testimonials
Schools Where We've Handled Cases
Here are just some of the schools where we’ve represented students, faculty, coaches, and staff:
- Amherst College
- Arkansas State University
- Belmont Abbey College
- Bowling Green State University
- Charter Oak State College
- Colgate University
- College of the Holy Cross
- Columbia University
- Connecticut College
- Creighton Law School
- Dartmouth College
- Fairfield University
- Flagler College
- Florida State University
- Furman University
- Guilford College
- Howard University
- Illinois Institute of Technology
- Indiana University
- Lesley University
- Louisiana State University
- Marist College
- Marquette University
- Miami University
- Mississippi University
- Pennsylvania State University
- Plymouth State University
- Quinnipiac University
- Rensselaer Polytechnic Institute
- Rice University
- Sacred Heart University
- South Carolina State University
- St. John's University
- St. Lawrence University
- Syracuse University
- Swarthmore College
- Tallahassee Comm. College
- Touro University
- Trinity College
- Tufts University
- University of Connecticut
- University of Kansas
- University of Lynchburg
- University of Maryland
- University of Mass. Med. School
- University of Miami
- University of Missouri
- University of Northern Colorado
- University of Texas
- University of Virginia
- University of Wisconsin, Milwaukee
- University of Wisconsin, Whitewater
- Utah University School of Medicine
- Vassar College
- Virginia Wesleyan University
- Washington University, St. Louis
- Wesleyan University
- Westfield State University
- Western Washington University
- Wheaton College
- William Smith College
- Yale University
Alert: Biden Orders Fresh Look at Title IX Regulations
On March 8, 2021, President Biden issued an executive order requiring the Department of Education (“DOE”) to review federal regulations, orders and guidance put in place under the Trump administration that apply to how educational institutions handle complaints of sexual misconduct. The DOE will evaluate whether those regulations are “consistent with the policies” of the current administration. The executive order allows the DOE to suspend, revise, or rescind any or all the prior actions if they are found to be inconsistent. This review will likely result in another major shift in how colleges and universities across the nation handle sexual misconduct cases and alter the policies that schools enacted at their institutions in 2020. The attorneys at Duffy Law stay up-to-the-minute on all applicable Title IX regulations, as well as potential changes expected by mid-June, and are available to consult with you during this tumultuous time in Title IX law. The full Executive Order issued by President Biden can be found here.
Title IX of the Education Amendments of 1972 provides protection against discrimination on the basis of sex in any educational programs or activities that receive federal funding. Under Title IX, students and employees of educational programs and activities are protected from sex discrimination. Title IX has a relatively broad scope, including protection from sexual harassment, and sexual assault which deprive a person of equal access to an educational program or activity. Title IX also prohibits retaliation against students or employees of educational programs and activities who exercise their rights under Title IX.
While Title IX applies broadly to students and employees of educational institutions, there are certain exceptions. You may know that Title IX does not apply to an educational institution that has the primary purpose of training people for military service. Accordingly, you may be wondering: Does Title IX apply to ROTC students and participants? Title IX does apply to ROTC members, but it is important to understand the distinction among ROTC programs that are based at colleges and universities vs. colleges or universities whose sole purpose is to train individuals for military service. Our New Haven Title IX attorneys provide an overview of Title IX with regard to ROTC and the military, and we provide detailed information about why Title IX is applicable to ROTC members at American colleges and universities.
Title IX and ROTC: The Standard
The Reserve Officer Training Corps (ROTC) is a program offered to college students at over 1,700 U.S. colleges and universities. ROTC is designed to provide students with training that will allow them to become military officers. Each branch of the military has its own ROTC program: Army ROTC, Navy and Marine Corps ROTC, and Air Force ROTC. Participants in ROTC commit to military service after their college graduation in exchange for paid college tuition. Some students joint ROTC programs for a shorter term without a military commitment or a scholarship.
To be clear, ROTC participants are students at the colleges and universities where ROTC programs are offered. Accordingly, ROTC participants are covered by the Title IX policies at those colleges and universities. Similarly, ROTC instructors who are certified by the military branch they are serving are members of the college or university community where the ROTC program runs. As such, ROTC instructors are also covered by and must adhere to the Title IX policies at the colleges and universities where they work. Title IX applies to students, instructors, and other employees in ROTC programs at senior military colleges, maritime colleges and universities, and military junior colleges.
ROTC is Separate from the Military for Title IX Purposes
ROTC programs are connected to the military, but they exist at colleges and universities where the primary purpose is not to train individuals for military service. Students, instructors, and other college or university employees connected to the ROTC program have ties to the military and to specific branches, but they are still covered by Title IX as students or employees of the college or university that they are associated with during their tenure.
It is important to understand, however, that ROTC programs and those involved in them, are distinct from students and instructors at certain federal service academies that train students for military service. Federal service academies are not covered by Title IX. To sum up:
- Students in ROTC programs at colleges and universities are covered by Title IX;
- Instructors in ROTC programs at colleges and universities are covered by Title IX;
- Students and instructors involved in ROTC programs at military colleges are covered by Title IX; and
- Students, instructors, and other employees at federal service academies are not covered by Title IX.
Military Schools and Title IX
Title IX does not apply to educational institutions with a primary purpose of training individuals for military service. This description can be confusing because there are many different types of military colleges and academies that exist in the U.S. and distinguishing among them can be difficult. To be clear, Title IX does not apply to the federal service academies, which include the following five institutions:
- United States Military Academy in West Point, New York;
- United States Naval Academy in Annapolis, Maryland;
- United States Air Force Academy in Colorado Springs, Colorado;
- United States Coast Guard Academy in New London, Connecticut; and
- United States Merchant Marine Academy in Kings Point, New York.
Title IX protections do not apply to students or employees at these institutions, and neither students nor employees are obligated to meet the requirements of Title IX. As an article in Inside Higher Ed highlights, when Title IX became law in 1972, federal service academies were not yet admitting women. The first women to be admitted to any of these service academies occurred in 1975. Now, service academies have been admitting women for 40 years, yet Title IX still does not apply. The reasoning is that service academies are distinct from colleges and universities, yet the article underscores that those distinctions may not be as pronounced as some believe.
How Our Experienced Title IX Attorneys Can Help
Students and employees affiliated with ROTC programs may not know their rights under Title IX. Our highly experienced Title IX lawyers can assist with a wide range of issues affecting ROTC participants at colleges and universities where Title IX provides protections against discrimination on the basis of sex. The attorneys at Duffy Law can assist with the following:
- Case review
- Answering questions about Title IX application
- Concerns about retaliation and Title IX
- Title IX investigations
- Representing you throughout the Title IX process
Contact Our Connecticut Title IX Lawyers Today for Assistance
The New Haven Title IX attorneys at Duffy Law can speak with you today about your case. We have years of experience representing clients and can answer any questions you have about ROTC and Title IX. To be clear, Title IX does apply to ROTC participants, and it is important to learn more about your options in an ROTC Title IX case. For assistance with your case, contact Duffy Law today. Our firm represents clients throughout the country in Title IX cases.
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