Last week, a federal court reinstated a former Yale student’s defamation lawsuit against another student, whose accusation of rape led to his dismissal. The ruling has reverberated across academia — and is likely to have implications for other organizations, including private companies.

The case of Khan v. Yale University has traveled a winding road. (Full disclosure: Yale pays my salary.) Testimony given under oath in a courtroom is ordinarily privileged, meaning that the witness can’t be sued for defamation. The trial court dismissed Khan’s lawsuit on the ground that Yale’s tribunal should be treated like a court. On appeal, the Second Circuit asked the Connecticut Supreme Court whether testimony at a university disciplinary hearing was privileged. The justices said no. Thus the Second Circuit’s decision to reinstate the lawsuit could not have come as an entire surprise. What hardly anyone expected was that it would be so sweeping.

QOSHE - Yale Rape Case Will Change How the Accused Are Treated - Stephen L. Carter
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Yale Rape Case Will Change How the Accused Are Treated

4 1
05.11.2023

Last week, a federal court reinstated a former Yale student’s defamation lawsuit against another student, whose accusation of rape led to his dismissal. The ruling has reverberated across academia — and is likely to have........

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