Law Schools

Students Demand Resignation Of Law School Professor Accused Of Sexual Harassment

Check out the update to the story -- the faculty responds.

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Jay Kesan

When a 2017 investigation cleared University of Illinois law professor Jay Kesan of sexual harassment, though it did find that he violated the code of conduct as well as the spirit of the university’s policies prohibiting sexual harassment and sexual misconduct, he probably thought that was the end of his problems. But a recent Freedom of Information Act request made the whole matter public, and the fallout from the law school community continues.

Since the investigation did not find Kesan violated the Sexual Misconduct Policy, the consequences for his behavior — described by the investigators as part of a “pattern and practice by Professor Kesan of engaging female students and junior female colleagues in a manner that he knew or should have known would make them feel uncomfortable and was highly inappropriate for a workplace or academic setting” — were rather minor. They included in-person sexual harassment training, exclusion from participation in certain salary programs, and consideration for “named chairs or professorship,” until August 2019 or later, “assuming no additional acts of similar misconduct… come to light.”

Due to privacy concerns, the administration hasn’t been able to say much about the situation, though Dean Vik Amar did say in a letter on the matter, “Misconduct, intentional or not, that threatens educational access, opportunities, and equality is not acceptable.”

Though the administration has to be tight lipped on personnel matters, the same can’t be said for all members of the law school community. The University of Illinois Student Bar Association has called on Professor Kesan to resign, saying they are “shocked, angered, and disappointed not only by Professor Kesan’s horrible behavior but also by the muted response of the University Administration.” The letter goes on to note:

Professor Kesan has compromised the sacred trust between students and faculty. If a student is afraid to take a class due to fear of sexual harassment by the professor, then that faculty member is no longer a legitimate or effective member of our University community. Sexual harassment cannot be tolerated at any level.

We understand that despite factual findings of repeated inappropriate behavior, the University determined Professor Kesan’s behavior was not sufficiently “pervasive” to violate the letter of the Sexual Misconduct Policy. This serves to illustrate the inadequacy of the standard. When policies fail us, we must change the policies.

While the University found Professor Kesan’s behavior “tests the boundaries of what is appropriate contact and communication, but makes it a point to never blatantly cross the line,” we refuse to grant leeway to angle players seeking to avoid accountability for their actions.

The law school is holding a Town Hall style meeting tomorrow to discuss the response to the investigation into Professor Kesan’s behavior.

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UPDATE: The faculty at the University of Illinois College of Law has released a joint statement in response to the behavior of Jay Kesan as well as the University’s response, and, like the students, they’re pretty upset with the situation:

Given the facts as found in the report, the sanctions administered do not comport with our sense of justice. Any policies, procedures or practices that improperly limit the scope of sanctions available for dealing with such serious misconduct should be immediately revised.

Also of note, one of the signatories to the letter is law school dean, Vik Amar.

You can read the full letters below.

[pdfjs-viewer url=”https://abovethelaw.com/wp-content/uploads/2018/10/letter.pdf”]

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[pdfjs-viewer url=”https://abovethelaw.com/wp-content/uploads/2018/10/JOINT-STATEMENT-OF-LAW-PROFESSORS-AT-THE-UNIVERSITY-OF-ILLINOIS.pdf”]

headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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