Records: Confidentiality/Privacy and Access
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Perspective: A Real World Illustration
A December 2005 Associated Press newspaper reported on a lawsuit filed by four students who were expelled from a private university located in Connecticut after hosting an off-campus beer party. The lawsuit accused the university of breaking a federal law by announcing their removal to the press. The four questioned whether they later received a fair disciplinary hearing.
The four seniors have sued in U.S. District Court, demanding that the university overturn its disciplinary actions and allow them to return to earn their degrees.
The lawsuit comes as the university tries to crack down on binge drinking following alcohol-related deaths and car crashes. Last year, the owner of a local restaurant was struck and killed by a 20-year-old student who admitted she was driving drunk.
The students who threw the Halloween keg party in October were expelled after a disciplinary hearing by the university. The students were not allowed to be represented by a lawyer or present evidence, the lawsuit says. They also were unable to question or present witnesses.
Private colleges are not required to provide students with due process as guaranteed by the U.S. Constitution. The lawsuit claims the university denied the students a fair hearing in violation of university policies.
A spokesperson for the university, said Friday "that the university does not comment on litigation." "It was just a kangaroo court," said the lawyer who represented the students in the criminal case.
The students, who rented a house a mile from campus, bought two kegs of beer and invited two dozen other students to a Halloween party last October. Many other students soon turned up, prompting the hosts to call police seeking help with crowd control.
The housemates were arrested, led away in handcuffs and charged with providing alcohol to minors. "The six of us felt like criminals," said one of the defendants, who were arrested. "I was mortified even to go to the deli."
The students may apply to return next fall, but they are not guaranteed readmission. For some of the students, loans have begun to come due, though most do not have jobs. They have lost health insurance and cannot transfer to other schools without a letter of good standing from the university.
Criminal charges against at least two of the students will be dismissed after a year unless prosecutors reopen the case.
Last Revised 5/23/2006