Students charged in slur case sue UConn

Two students who were arrested after using a racial slur outside a University of Connecticut dorm this fall have sued the school, alleging their right to free speech was violated.

Ryan Mucaj and Jarred Karal were charged with ridicule on account of creed, religion, color, denomination, nationality or race after a video of them using the slur in October circulated widely on social media. The incident ignited protests and calls for change on campus from students who said it was part of a campus culture in which racism is part of students’ daily life. The lawsuit, filed in federal court Tuesday, alleges that Mucaj and Karal were deprived of their right because of the content of their speech, in violation of the First Amendment.

Through UConn’s disciplinary process this fall, Mucaj and Karal were found to have violated university policy against disruptive behavior, the suit said, and a conduct hearing is scheduled to take place Friday. The recommended sanction includes removing the students from their on-campus housing.

They accuse the university of “depriving them of their physical welfare, contractual rights with the school, and inhibiting their otherwise ready access to the school environment.” If they are removed, they “shall suffer imminent harm,” which is “irreparable, as it affects both where the students live as well as their ability to associate with and benefit from the school environment during their final senior semester of college.”

“At no point in any of the proceedings was either student accused of acting with violence or the imminent threat of violence, or any misconduct even remotely approaching such,” they allege in the complaint. “The school has only ever accused the students of acting orally and verbally.”

In addition to violation of the First Amendment, the students allege the university is violating a 1990 court order and consent decree, which stemmed from another student who said UConn’s policies infringed on students’ rights. The university declined to comment, citing pending litigation.

According to police reports, Mucaj, Karal and a third student were walking home from a bar near campus on Oct. 11, playing a game in which they “yelled vulgar words.” As they approached the Charter Oak Apartments, they “switched to saying a racial epithet.”

A student in the residence hall recorded the students, and the incident was reported to school administrators. Karal and Mucaj were identified using surveillance video and ID scanner footage, and arrested 10 days later.

Karral applied for and last week was granted accelerated rehabilitation. He was placed on six months of probation and must complete diversity and bias training and 20 hours of community service, the Hartford Courant reported. Mucaj has not yet entered a plea in his case. His next hearing, according to online court records, is in February.