What can be done here?
First, the administrator’s position seems akin to extortion: the school would get its way through the threat of making a complaint, especially where that threat would never actually be followed through. Indeed, it may even be unethical for administrators who are members of the bar to use the threat of a bar referral to induce a law student to abjure his constitutional rights. These administrators may themselves be subject to disciplinary proceedings!
Second, it may be necessary to seek advisory opinions from state supreme courts and disciplinary committees about whether character & fitness referrals are appropriate for protected speech. Speech protected by the First Amendment should not be the basis for excluding someone from the bar. But if some bureaucrat decides that discipline is warranted, then the bar should be sued.
Third, Yale and other schools should formally instruct their administrators not to dangle the threat of a bar referral as a way to force students to self-cancel. A character and fitness referral should only be entertained after the full disciplinary process is completed. This arrow should be permanently removed from the associate dean quiver.
Perhaps this sort of extortionate behavior on behalf of the administrators should be reported to the bars of which they are members.
This also sounds like a conspiracy to deprive this student of his constitutional rights, based on his race, gender, and associations — all protected classifications.
Related: “People Are Less Interested in Discussion Than Domination.”