A recent decision of Connecticut's Supreme Court highlights some of the problems with college and university disciplinary procedures and underscores the importance of having effective and experienced legal representation in these situations.

The Allegations Against a Yale Student

In this particular case, a Yale student named Saiffullah Khan was accused of sexual misconduct by another student, who filed a formal complaint against him. The Yale Police Department conducted an investigation, and Kahn was charged with several counts of criminal sexual assault. Yale suspended Kahn pending the resolution of the criminal charges against him.

Kahn was tried and acquitted of all counts against him. He was readmitted to Yale but was later suspended again. A disciplinary proceeding was instituted against him during which his accuser testified to the hearing panel remotely, out of Kahn's presence, while Kahn listened to an audio feed from a nearby room. The hearing panel ruled against Kahn and expelled him from the school.

Kahn's Lawsuit Against His Accuser and Yale

Kahn sued Yale and his accuser for defamation, among other things. The question before the Connecticut Supreme Court was a limited one: whether Kahn's accuser was protected from the lawsuit by something called “absolute immunity.” (Yale and Yale employees named as defendants were not involved in this part of Kahn's case.) A lower court had dismissed Kahn's suit against his accuser based on the accuser being immune to the lawsuit.

What Absolute Immunity Means

Some background is helpful here. In most cases, people who report crimes to the police are protected from being sued for doing so. Even if someone mistakenly claims that another person committed a crime or possibly committed a crime, they can't be sued for making that claim. This policy is in place to encourage people to come forward with information about crimes without worrying that they will be sued if the person they report is not charged or convicted. It goes back hundreds of years and is a fixture of law both in England and in the U.S.

Note that someone who falsely or maliciously reports a crime that didn't happen can be charged with a crime for doing so. And if that person makes false claims to anyone other than law enforcement – say to a reporter, or if they post the false allegations online – they might be sued. But in the case where they report the crime to law enforcement, they are normally protected from being sued even if they are wrong about the crime.

The Yale Disciplinary Proceeding Was Not Like a Court Proceeding

The Connecticut Supreme Court considered whether the Yale disciplinary proceeding could be considered a “quasi-judicial” proceeding so that the accuser would be protected from Kahn's lawsuit by absolute immunity, just as the accuser would be in a criminal court setting. The Court noted that a “quasi-judicial” proceeding is one that isn't a formal court proceeding but is “authorized by law” and is “governed by or conducted pursuant to state statutes.” A quasi-judicial proceeding also has “procedural safeguards” in place and “must apply public law” when reaching a decision.

The Court ruled that Yale's disciplinary proceedings “did not incorporate sufficient procedural safeguards to be considered quasi-judicial.” As a result, absolute immunity did not apply to testimony or allegations made by Kahn's accuser in that proceeding.

What This Means if You've Been Accused of Misconduct on Campus

The Connecticut Supreme Court's decision highlights the fact that campus disciplinary proceedings are not always conducted in a way that is fair to the accused. In the case of Yale's disciplinary process, the Court said that were a number of ways in which it fell short. In particular, testimony wasn't under oath; Kahn wasn't able to cross-examine witnesses “in real time;” parties did not have “a reasonable opportunity to call witnesses to testify;” Kahn did not have the “opportunity to have the active assistance of counsel” during the hearing, and he received no written transcript that would help him challenge the hearing's fairness.

If you are facing serious misconduct charges brought by your college or university, the Kahn decision highlights how important it is to have the help of experienced legal counsel throughout the process. The procedures used by schools to investigate allegations, bring charges, and hold hearings can be unfair, and the results can harm your reputation and career for years to come. Your attorney can help make sure that your rights are respected throughout the process, that allegations against you are fully and fairly investigated, and that you have your chance to challenge the evidence and testimony used against you and to introduce your own evidence and testimony in your defense, and that you have every opportunity before, during, and after any hearing to defend yourself.

The Lento Law Firm Student Defense Team is Ready to Help

The Lento Law Firm Student Defense Team has helped students facing serious disciplinary proceedings in schools all over the U.S. The experienced attorneys at the Lento Law Firm understand how school investigations and hearings operate, and we know how important it is to thoroughly investigate and defend against misconduct claims. If you are facing serious misconduct charges at your college or university – including those related to sexual misconduct – call the Lento Law Firm Student Defense Team today at 888.535.3686, or use our online contact link to set up a confidential consultation.

Your future is too precious to leave to chance. The Lento Law Firm Student Defense Team can help you protect it. Contact us today!