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Title IX Rights For ROTC Students

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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 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 Title IX Lawyers Today for Assistance

The 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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