In June, the Connecticut Supreme made a ruling that has the potential to impact how colleges and universities across the country conduct sexual misconduct disciplinary proceedings. Specifically, the court ruled that a former Yale student is not immune from a defamation lawsuit by a fellow student whom she accused of rape but acquitted in a criminal court on those charges.

Accusations of Sexual Assault

The case stems from a 2015 incident in which a student identified as “Jane Doe” accused undergraduate neuroscience student Saifullah Khan of raping her in her dorm. Khan argued that the sex was consensual. He was arrested, and Yale suspended him. Khan says he became the target of an online petition urging Yale not to readmit him and that people who disagreed with Yale allowing him back on campus regularly threatened him. Khan claimed his accuser sought to involve him in the Me-Too movement.

In 2018, Khan was acquitted of those charges and returned to Yale. But Yale suspended him again after new allegations arose and held a discipline hearing. This time, Jane Doe, who had since graduated, gave a statement via teleconference, but she didn't testify under oath or provide a sworn statement. Khan nor his attorney were allowed to present evidence that Khan said would have cleared him. The hearing panel refused to record the proceedings or provide a transcript, which limited Khan's ability to appeal the ruling. After the hearing, Yale expelled Khan.

Khan sued Jane Doe and Yale in federal court over the rape charges and his November 2018 expulsion, arguing that Jane Doe made false claims during his disciplinary hearing. Her lawyers argued that Yale's hearing was quasi-judicial, which meant she was protected with absolute immunity as she would be in an actual court setting. Khan disagreed.

Connecticut Supreme Court's Ruling

The state's high court ruled 7-0 in favor of Khan, finding that because he had fewer rights to defend himself in Yale's proceedings than in criminal court, Jane Doe couldn't benefit from immunity granted to witnesses in criminal proceedings.

The ruling comes as a national debate over how schools handle sexual assault allegations under Title IX. This civil-rights law prevents sex-based discrimination and other rights of the accused to defend themselves. While this ruling will not bind other courts, they will likely consider it in future college and university sexual assault disciplinary hearings.

The Lento Law Firm's Education Law Team

Our attorneys are skilled negotiators who will be powerful advocates for students accused of Title IX sexual misconduct. The Education Law Team at the Lento Law Firm have nationwide experience representing students facing Title IX accusations. Call the Lento Law Firm at 888.535.3686 or contact us online to set up a consultation.