Posted on 03/13/2016 10:52:08 PM PDT by nickcarraway
On Friday, Paul Nungesser, the alleged rapist of Mattress Girl Emma Sulkowicz, had his discrimination lawsuit against Columbia University dismissed.
In 2014, Emma Sulkowicz launched her art-protest piece Carry That Weight, in which she carried her mattress with her everywhere (including to commencement), as a condemnation of Columbia's handling of her rape complaint. Though the University cleared him of wrongdoing and allowed him to continue with school, Nungesser's name was eventually made public.
Last year, he filed a discrimination suit against the school under Title IX (the statute under which victims of sexual assault often bring their claims). In the suit, Nungesser asserted that Columbia denied him opportunities it gave to Sulkowicz, and allowed gender-based harassment of him by letting her use Carry That Weight as her senior thesis. Judge Gregory Woods was having none of it, dismissing the suit in a 26-page decision that underlines how weak Nungesser's Title IX case is. Nungesser's argument rests on a logical fallacy. He assumes that because the allegations against him concerned a sexual act that everything that follows from it is sex-based within the meaning of Title IX. He is wrong, wrote Woods. Taken to its logical extreme, Nungessers position would lead to the conclusion that those who commit, or are accused of committing, sexual assault are a protected class under Title IX.
Columbia, meanwhile, just wants to see the whole thing be over. A spokesperson for the school told the university's paper, We are encouraged that todays ruling brings us closer to the point that this litigation, addressing issues understandably difficult for many, can be concluded. However, it may be a bit yet before that conclusion is reached. Nungesser's lawyers have already announced plans to file an amended complaint.
This girl, and those who enabled her, must be made to pay for character assasination and public harassment. She is clearly unbalanced.
Why not go for plain ol’ libel and defamation of character?
Good idea.
They are. Nungesser is correct, if you read the various Title IX requirements. The judge has fudged things to indulge his annoyance with the plaintiff by lumping "those who commit, or are accused of committing, sexual assault" into the same category.
The difference between a criminal and someone merely accused of a crime may sometimes seem slight to a partisan, but even under Title IX, it is, to quote Mark Twain, "the difference between the lightning and the lightning bug."
Sorry - she had a feel good liberal cause.
The rules just don’t apply to her or the school.
“Judge” Gregory Woods was appointed by Bath House in Nov 2013. A graduate of Yale law school. And there you have it.
Because Columbia has a multi-billion dollar endowment and his accuser is penniless artist. You can’t get blood out of turnip.
Too bad for him. Would have liked to him soak Columbia for millions.
Actually, judge, it’s the other way around. Carried to its logical conclusion, Title IX will always protect women who claim to have been raped, even when they’re lying.
The judge appears to have committed defamation in his dismissal of his case, and NY mag showed its bias in its coverage here.
Exactly so — according to the judge, as soon as someone makes an accusation of rape, the accused no longer has equal protection under the law.
“Fantastic Lies” was on ESPN this evening.
They did a pretty good job of it.
Once an innocent man is publicly accused of sexual predation, his life changes immeasurably.
“Fantastic Lies” was on ESPN this evening.
They did a pretty good job of it.
Once an innocent man is publicly accused of sexual predation, his life changes immeasurably.
Fantastic Lies was on ESPN this evening.”
The Duke lacrosse players had their lawsuits gutted by a liberal judge, also. Case law in the Fourth Circuit says that federal civil rights laws apply only to African-Americans (so if you are latino, white, asian, native-american, pacific islander, etc., you can’t sue people like Nifong for violating your civil rights).
The players got some money from some of their suits, but nothing like what was been reported in some accounts (less than a tenth of that, most likely).
These black robed clowns remind me of the Stalin-era judges who would get sent to the death camps if they themselves did not condemn enough people to the very same death camps.
The thing is, our treasonous judges don’t do this under duress; they actually enjoy it.
Hm. Good point.
Maybe some kind soul with a few extra million would take up his case. Well we can dream.
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