A former Yale University student, previously acquitted of rape in 2018, has been granted the right by the Connecticut Supreme Court to sue his accuser for defamatory remarks made during a school hearing.

Saifullah Khan, 30, had faced rape allegations in the wake of a Halloween party in 2015. The 21-year-old accuser, a fellow student, alleged that Khan had taken advantage of her after she had consumed excessive alcohol at an off-campus gathering. However, Khan’s defense was that their encounter was consensual, as the New York Post reported.

Details of University Hearing

The high court stated that the university hearing did not serve as a substitute for a court proceeding because Khan was not allowed to cross-examine his accuser.

The decision stated:

For absolute immunity to apply under Connecticut law, fundamental fairness requires meaningful cross-examination in proceedings like the one at issue.

During the university hearing, Khan's legal team listened to the woman's testimony from a separate room, depriving them of the chance to cross-examine her.

The court pointed out this limitation, stating that it relegated Khan's defense attorney to a mere “potted plant.”

Furthermore, the court elaborated that the Yale hearing couldn’t be labeled as quasi-judicial as the accuser wasn’t under oath and Khan's team wasn't provided with a transcript of her testimony.

Khan's journey at Yale began in 2012 when he secured admission on a full scholarship, choosing neuroscience as his major. His academic pursuits took a drastic turn following the rape allegations.

Aftermath of the allegations

The repercussions of the allegations were significant. Initially, Khan was suspended from attending classes.

After his acquittal in 2018, he made a brief comeback at the school, although there was notable resistance to his return.

A massive petition against his readmission garnered 78,000 signatures. Despite being acquitted by the court, Khan was expelled from Yale in 2019.

The lawsuit against Yale had been looming since 2019, with Khan claiming damages amounting to $110 million.

The recent ruling by the Connecticut Supreme Court has now opened the doors for him to also sue his accuser, whom he alleges defamed him during the 2018 university hearing.

The court's decision was based on the principle that the accuser shouldn’t be granted “qualified immunity” from her testimony as the university hearing did not mirror a traditional court proceeding.

The concept of qualified immunity

Qualified immunity serves to shield individuals from lawsuits over remarks made during judicial or “quasi-judicial” trials.

However, in this case, the high court declared that the protection was not applicable due to the limitations placed on Khan during the university hearing.

The absence of the opportunity to cross-examine was a significant point of contention.

As of now, both the accuser’s legal team and Khan’s attorneys have refrained from commenting on the recent developments.

Conclusion

• Saifullah Khan has been given permission by the Connecticut Supreme Court to sue his accuser.
• The court’s decision was based on the argument that Khan wasn't granted a fair opportunity for cross-examination during the university hearing.
• Khan’s education was interrupted following the allegations and he was eventually expelled from Yale in 2019.
• Khan had a pending $110 million defamation lawsuit against Yale since 2019.
• The principle of qualified immunity was central to the court's decision, with the hearing not meeting the criteria for such protection.
• No statements have been issued by the attorneys from either side regarding the recent court ruling.