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 was introduced to Attorney Duffy by my criminal defense attorney because I was fighting both a criminal charge and a conduct code violations charge. Felice's office responded right away and she and I met by Zoom video. She and her team were respectful, professional and super knowledgeable. They made everything clear and easily understandable. They knew exactly what questions to ask the school officials to get them to focus on the facts that supported my case. I was incredibly well prepared. I knew what I was going to say before I went in to my interviews and how to react to the many questions that would have tripped me up. I got probation, which was definitely the best possible outcome and I couldn’t have gotten that without Attorney Duffy’s help.
“When your kid is accused of a serious conduct code violation at his college, you quickly learn that there’s a whole different set of rules in place than in the real world. There are no legal standards, no assurances of a “fair trial.” You're presumed guilty and you have to backtrack and prove why you’re NOT guilty. We pretty quickly realized that we needed strong legal representation and guidance. Our son was completely falsely accused and we were ready to dig in to clear his name.
Felice's truly unique background and deep experience with navigating the school’s process was amazing. She made it clear that our son was the client, not us (his parents). She worked with him extensively and earned his total trust. He felt empowered that he had the right person in his corner to defend him. Felice gave our whole family a sense a calm and confidence.
Thanks to incredibly hard work by Felice and her team, our son was found “not responsible” (meaning innocent of any wrongdoing). The outcome was everything we could have hoped for.
I have already recommended Felice to a friend who’s son was caught up in a serious, very complicated conduct code charge, and I will continue to recommend her to any student or parent without reservation.”
Parent of a private college senior
“I selected the firm after doing extensive research trying to locate an attorney that specializes in sexual assault cases on university campuses. Late one night I emailed her for a consult just to see what she had to say. By 6:30am the next morning she had already emailed me back leaving her information for me to call her. I was impressed by her promptness and early morning response. Our criminal attorney informed our family that this simply wasn’t his specialty and strongly recommended we hire someone who really understood how university disciplinary systems work.
In our culture, we are not often trusting and it took a huge step of faith to consider someone we didn’t know (much less one from out of state) to defend our son.
Based on her collegiate athletic background I felt that she would have a better understanding of our case as our son is a D1 athlete. Based on that and her professional accomplishments I felt like she was driven and determined and she clearly had the ability to understand the laws associated with Title IX.
Bottom line is that our son was found 100% not responsible (meaning not guilty) of the extremely serious charges that were brought against him by a female student.
Felice Duffy and her team were professional, focused, responsive and did a great job throughout the entire stressful ordeal. When we think about how badly and unfairly our son might have been treated by the school, we truly count our blessings that we found Ms. Duffy.”
Parent of a College Sophomore, OhioSee More Client Testimonials
Colleges We Serve
Here are just some of the schools where we’ve represented students, faculty, coaches, and staff:
- Amherst College
- Arkansas State University
- Bowling Green State University
- Charter Oak State College
- Colgate University
- College of the Holy Cross
- Columbia University
- Connecticut College
- Dartmouth College
- Fairfield University
- Flagler College
- Florida State University
- Guilford College
- Howard University
- Illinois Institute of Technology
- Indiana University
- Lesley University
- Marist College
- Marquette University
- Miami University
- Mississippi University
- Pennsylvania State University
- Plymouth State University
- Quinnipiac University
- Rensselaer Polytechnic Institute
- Sacred Heart University
- South Carolina State University
- St. John's University
- St. Lawrence University
- Syracuse University
- Tallahassee Comm. College
- Touro University
- Trinity College
- Tufts University
- University of Connecticut
- University of Kansas
- 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
- Utah University School of Medicine
- Virginia Wesleyan University
- Washington University at St. Louis
- Wesleyan University
- Westfield State University
- Wheaton College
- Yale University
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 Title IX Attorneys Can Help
Students and employees affiliated with ROTC programs may not know their rights under Title IX. Our 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. Our Title IX attorneys 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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