The University of Illinois began investigating law professor Jay Kesan in June 2015 after multiple complaints from students and faculty about his behavior. The investigation, which concluded in 2017 but only recently made public through a Freedom of Information Act request by Illinois Public Media, found Kesan’s actions “certainly have made the working and teaching environment uncomfortable for a countless number of female colleagues and students,” and while the university found he violated the code of conduct as well as the spirit of the university’s policies prohibiting sexual harassment and sexual misconduct, it stops short of finding the behavior constitutes sexual harassment or sexual misconduct as defined by University policy.

According to reporting by Illinois Public Media, the allegations against Kesan describe a troubling pattern of interactions with women that are sexual in nature. But as the University’s report notes he “tests the boundaries of what is appropriate contact and communication, but makes it a point to never blatantly cross the line.” Some of the allegations are described below:

A former law student alleges Kesan made a reference to masturbation in a conversation with her and rubbed her thigh in a way that made her feel uncomfortable. Another student said Kesan hit on her, asked her repeatedly about her relationship status, hugged her and once touched her buttocks. A former faculty member alleges Kesan asked her inappropriate personal questions, such as her opinion on adultery, and routinely tried to hug her whenever she encountered him. She said Kesan repeatedly invited her to his apartment in Chicago and out for drinks “despite making it clear to him that she was not interested in either offer,” according to the report. Another former faculty member alleges Kesan inquired about her relationship status and sexual practices, and made comments about his sex life and sexual fantasies. Several portions of the report were redacted, including what appears to be a copy of an email exchange between people discussing Kesan. A portion of the email states: “He got way too inappropriately touchy, and very forward-ly hit on me. Gross. So I’ve just been ignoring him completely, except for when it’s absolutely necessary to email about research.”

Kaamilyah Abdullah-Span, senior associate director of the University’s Office of Diversity, Equity, and Access, and the author of the report, wrote that Kesan should have been aware that his actions were inappropriate:

“[The] collective evidence gathered during the investigation revealed 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.”

Kesan has released a statement offering an apology for behavior he insists was never intended to make women uncomfortable:

“It was never my intent to offend anyone. But obviously I did. For that, I am truly sorry, I apologize. Since this was brought to my attention, I have become very careful to make sure that my words and deeds don’t offend or cause discomfort to anyone going forward.”

Because the investigation fell short of finding Kesan in violation of the University’s sexual harassment or misconduct policy, there are limits on what actions the school can take against Kesan. In a letter to Abdullah-Span, Dean Vikram Amar described the consequences Kesan will face for his behavior:

Kesan will undergo in-person sexual harassment training, be prevented from participating in certain salary programs, and be excluded from the College’s consideration for “named chairs or professorship,” which typically come with salary increases, until August 2019 or later, “assuming no additional acts of similar misconduct… come to light.” But in lieu of placing a copy of the report and all related documents into Kesan’s campus personnel file, Amar wrote the College will include “a memorialization of the discussion we plan to have with him on this matter,” which will allow future deans to learn details of “the relevant information concerning this matter and its resolution.”

As you might imagine, that’s hardly been satisfactory to many members of the College of Law community. Yesterday the Women and Gender in Global Perspectives Program hosted a “#MeToo and Academia” panel discussion and the panel faced pointed questions about Kesan. One audience member noted Kesan “continues to have unfettered access to female students and research assistants,” and wanted to know why the law school was not doing more. Panelist and law professor Lesley Wexler said her “strong suspicion” was that tenure prevented harsher punishments.

“If a private employer wants to fire someone found guilty of sexual harassment, that’s a much easier process,” Wexler said. The law school is part of the larger university system and is not able to “make its own decisions here” with regards to consequences for an alleged harasser. “That is part of the problem,” she said.

When asked the follow up if Wexler was “personally satisfied” with the investigation’s result, she answered simply, “No.”

Kathryn 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).