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Agudio dismissal from the university (meaning that she can never be re-admitted to the university) is so out of proportion with the alleged offenses here as to shock the conscience and to shock one’s sense of fairness,” the suit reads. Agudio was halfway through her junior year at UAlbany at the time of the incident, and had previously never been in trouble on campus, the suit says. A central tenet of the suit is a belief that university officials made up their mind about what had happened prior to any real investigation, and that the disciplinary process was rigged against Agudio and her classmates from the start. The suit alleges that ahead of her student conduct hearing, the university denied Agudio access to key evidence, the opportunity to present a defense and the right to be fully represented by counsel. In addition, it alleges the university relied solely on hearsay without seeking out witnesses with first-hand knowledge of the events. A key concern, the suit says, was the university’s “bizarre” refusal to provide Agudio with evidence that would be used against her, including 30 to 40 witness interviews that had been recorded on video and medical documents outlining injuries she allegedly caused to another student. In addition, by simultaneously pursuing criminal and disciplinary charges against the women, the university forced Agudio to choose between defending herself at the student conduct hearing or upholding her “constitutionally protected right to remain silent” in the criminal case, the suit alleges. “(The university) undertook to punish and humiliate Ms. Agudio, Ms.
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