© 2024
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations
An update has been released for the Android version of the WAMC App that addresses performance issues. Please check the Google Play Store to download and update to the latest version.

State Appeals Court Upholds UAlbany’s Expulsion Of Student Involved In CDTA Bus Fight Hoax

Photos of Asha Burwell and Ariel Agudio posted on social media.
Photos of Asha Burwell and Ariel Agudio posted on social media.

A state appeals court has upheld the University at Albany’s decision to expel Ariel Agudio, one of three students involved in a January 2016 fracas aboard a CDTA bus that made headlines worldwide.

A University at Albany hearing panel determined in March 2016 that Agudio, Asha Burwell and Alexis Briggs violated the UAlbany code of conduct. Burwell and Agudio were expelled; Briggs was suspended for two years after it emerged that they falsified claims of a race-based attack on the bus that winter.

The three women had been indicted by the office of Albany County District Attorney David Soares in May 2016. Briggs agreed to a plea bargain, admitted her part in fabricating the assault, and apologized to the community. In April 2017, a jury found Agudio and Burwell guilty of two counts each of falsely reporting an incident, Class A misdemeanors. They were acquitted of more serious charges and avoided prison. They were sentenced to probation, 200 hours of community service and a $1,000 fine. Agudio returned home to Long Island while her Albany-based attorney Mark Mishler immediately filed the appeal.  Mishler had also filed an appeal of the University's student conduct decision, which was denied this week.  "...and we are quite disappointed in that whole thing and so we need to evaluate what our next steps are. I do want to note that there's some issues here that I think most people if they understood how this procedure unfolded at the University at Albany would be shocked, and I'll give just one example which was an important issue for us.  When the student conduct charges were filed by the university against Ms. Agudio, the initial document said that the charges were based on the close to 40 video recorded interviews and written statements that the university had obtained from witnesses to the incident. We asked at that time for copies of those video recorded interviews and written statements, which the university itself said that the charges were based on. And they refused to provide those videos and statements to us."
Mishler believes the court didn't fully understand the importance of the videos and documents. "You had a situation where somebody is accused of something, and the entity that's bringing the accusation says these accusations are based on certain documents, and the accused person says 'well, provide me with those documents' and the entity says no and refuses to. It's so fundamentally unfair that it is shocking. And for that to be given a stamp of approval by the court is truly unfortunate. There are issues like that. I mean, why not provide us with that information.  The only thing we can conclude is that the university did not intend there to be a fair procedure."

Jordan Carleo-Evangelist is UAlbany’s director of media and community relations: “At the University at Albany we strive to promote a culture of accountability through a student conduct process that is transparent, fair and impartial. We are grateful that the court recognized these efforts."

Mishler says he and his client are evaluating what their next steps are. He did not elaborate.

Dave Lucas is WAMC’s Capital Region Bureau Chief. Born and raised in Albany, he’s been involved in nearly every aspect of local radio since 1981. Before joining WAMC, Dave was a reporter and anchor at WGY in Schenectady. Prior to that he hosted talk shows on WYJB and WROW, including the 1999 series of overnight radio broadcasts tracking the JonBenet Ramsey murder case with a cast of callers and characters from all over the world via the internet. In 2012, Dave received a Communicator Award of Distinction for his WAMC news story "Fail: The NYS Flood Panel," which explores whether the damage from Hurricane Irene and Tropical Storm Lee could have been prevented or at least curbed. Dave began his radio career as a “morning personality” at WABY in Albany.
Related Content