Yale Rape Case Will Change Vetting of Accused: Stephen L. Carter

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 ...