Ruth's Truth #10: What Are a "College Student's" Rights?

Legal proceedings have begun for four soldiers accused of sexually assaulting a college student in the barracks at Joint Base Lewis-McChord (JBLM) in October 2024. One has pled guilty, and another, PFC Kallon Curiel, 24, had his preliminary hearing on August 22, 2025, just weeks after also being charged for the sexual assault of a child in a separate case. He remains in pre-trial confinement.

Since the assault, the victim has been commissioned as an officer. The decision of the victim to serve is extraordinary and courageous, and raises important status points when "college students" are assaulted by military members. If the victim had not been commissioned later, he/she would not be entitled to any services or protections.

Now, however, it is likely that there are some entitlements—to include military victim advocacy and victim counsel, likely by exception to policy—since it is unknown what (if any) status the victim was in when the assault occurred.

Key Distinctions

• ROTC Cadets: Not active duty; have no statutory entitlement to SVC/VLC; but DO have Title IX protections and civilian victim services. If an assault occurs at an ROTC activity and a military investigation is opened, the service MAY grant an exception-to-policy to appoint SVC/VLC. Exception: service academy cadets are active duty, and ROTC cadets can be put on Title 10 training orders.
• OCS candidates may still be in college, and can be on active-duty orders or in a National Guard drilling/accelerated program. If assaulted while in a military status (e.g., on orders/at OCS), they are entitled to SVC/VLC and related protections.