A University of Kentucky student, Sophia Rosing, was arrested in early November for alcohol intoxication in a public place, fourth-degree assault without visible injuries, second-degree disorderly conduct, and third-degree assault on a police officer or probation officer. After being released on bond, Rosing was immediately suspended on an interim basis, but a few days later, she was permanently banned from campus and barred from re-enrollment as a student.

Colleges Owe Students Their Due Process Rights

In the United States, colleges and universities are supposed to provide their students with certain due process rights. These rights are usually outlined in the school's student handbook. If a student is accused of violating the code of conduct, the school will refer to the policies and procedures within the student handbook to determine responsibility for the incident. In order to decide whether the accused student is responsible for the alleged behavior, the school must provide them with their due process rights.

For the most part, due process rights for college students include the right to face their accuser, the right to present a defense to the accusations, and the right to appeal the disciplinary committee's decision. If your student has been dismissed from their college or punished in some other way without receiving their due process rights, Attorney Joseph D. Lento can help negotiate with the school on their behalf.

Why Is This Case Different?

Here, the University of Kentucky student was caught on camera verbally attacking a student employee, Kylah Spring. In other cases, student conduct is alleged or can be explained away by other instigating factors. But during this instance, Rosing continually called Spring, and other Black students in the vicinity, the n-word and used other racial slurs. Then, when the police arrived, she repeated the offensive language in front of them. And then, even after her arrest, while sitting in the police precinct, she kicked a police officer and bit their hand when she was asked to sit down.

The University of Kentucky administration saw the video footage – as did thousands of others on several social media channels – and immediately launched an investigation into the matter. According to the University of Kentucky Student Handbook, if the safety and well-being of members of the community, or university property, are at risk, the university will issue an interim suspension while the student conduct process takes place.

After being suspended, Rosing decided to withdraw voluntarily from the university but was subsequently banned from the premises and from re-enrolling as a student in the future.

How a Skilled Attorney Advisor Can Help

When you or your loved one is accused of misconduct on campus, you have every right to defend yourself in a disciplinary proceeding. Part of this due process right is the right to the advice of an attorney advisor. Attorney Lento understands how important these disciplinary proceedings are to your future and will work tirelessly to ensure the university provides you with every opportunity to defend yourself. Call 888-535-3686 today or schedule a consultation online.