Prominent Yale law professor suspended after sexual harassment inquiry

A prominent law professor at Yale Law School has been suspended for two years after an investigation by the university that he sexually harassed students.

Jed Rubenfeld confirmed to The Guardian that he had been suspended, and that he faced further restrictions on his teaching as a result of the investigation.

On his return, it was announced that he would be barred from teaching “small group or required courses”, and that he would be “restricted in social gatherings with students”.

Rubenfeld has denied the allegations, describing them as “just false and outrageous and not true”.

The existence of the investigation into Rubenfeld’s conduct was first reported in autumn 2018.

The allegations against Rubenfeld, which spanned decades, included verbal harassment, unwanted touching, and attempted kissing, both in the classroom and at parties at Rubenfeld’s home.

He said at the time that he hadn’t been informed of the specifics, but that he had been “advised that the allegations were not of the kind that would jeopardise my position as a long-tenured member of the faculty”.

Speaking to Irin Carmon of the New York Magazine, the professor said: “I absolutely, unequivocally, 100% deny that I ever sexually harassed anyone, whether verbally or otherwise.

“Yes, I’ve said stupid things that I regret over the course of my 30 years as professor, and no professor who’s taught as long as I have that I know doesn’t have things that they regret that they said.

The Law School and the University thoroughly investigate all complaints regarding violations of University rules and the University adjudicates them whenever it is appropriate to do so. As Dean, I take this responsibility extraordinarily seriously.

– Dean Heather Gerken 

“Ironically, I have written about the unreliability of the campus Title IX procedures. I never expected to go through one of them myself.”

In a 2014 op-ed for the New York Times, Rubenfeld wrote that modern views about sexual consent encouraged people to think of themselves as assault victims.

He said that affirmative-consent standards “encourages people to think of themselves as sexual assault victims when there was no assault”.

He added that it is “illogical” to claim that “intercourse with someone ‘under the influence’ of alcohol is always rape”.

In a message to “members of the Yale Law School Community” issued on 26 August, Dean Heather Gerken wrote: “While we cannot comment on the existence of investigations or complaints, the Law School and the University thoroughly investigate all complaints regarding violations of University rules and the University adjudicates them whenever it is appropriate to do so. As Dean, I take this responsibility extraordinarily seriously.”

This development is significant because of the role Rubenfeld and his partner Amy Chua, who have been described as a power couple on the Yale Law campus, have played at the university.

According to anonymous sources, there was concern in 2018 that attempts to report allegations of Rubenfeld’s behaviour could lead to retaliation by Rubenfeld or Chua.

Chua was a particularly influential figure in the law school, as she served on a committee helping students secure judicial clerkships with supreme court justices and other senior judges. She has now voluntarily given up her role.

For anyone who has been affected by the issues raised in this article, there are lots of places you can turn to for help and support. Warwick Wellbeing Support Services are available through the Wellbeing Portal, online or over the phone. NHS Coventry and Warwickshire Partnership Trust are offering online or over the phone urgent support for anyone suffering from mental health issues. More information can be found on their website. Charities such as MIND also have information, guidance and support available online.