Manhattan Judge Dismisses Title XI Suit Brought by Emma Sulkowicz’s Alleged Rapist
Image by Getty Images
By Maia Efrem March 14, 2016
A Manhattan judge dismissed a lawsuit that accused Columbia University of a Title IX violation on the grounds that it mishandled the actions of student Emma Sulkowicz, who carried a mattress around campus to protest an alleged rape.
Sulkowicz’s alleged rapist, Paul Nungesser, had accused the university of causing him emotional distress and violating his rights under Title IX, which in any educational program of federally funded activity from being “excluded from participation in, be denied the benefits of, or be subjected to discrimination on the basis of sex,” according to the Gothamist.
“Nungesser’s argument rests on a logical fallacy,” wrote Judge Gregory Woods. “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. Taken to its logical extreme, Nungesser’s position would lead to the conclusion that those who commit, or are accused of committing, sexual assault are a protected class under Title IX.”
Sulkowicz built her senior thesis project, “Carry That Weight,” around her protest of the Columbia administration’s reaction to her allegation against Nungesser. Sulkowicz even walked across the graduation stage with the mattress, with some help from fellow students. After two additional students accused him of rape, Nungesser sued the school in April 2015.
Woods said there was no real evidence to support Nungesser’s claim that Sulcowicz’s mattress project inhibited him from attending campus career events, “Aside from the fact that it is debatable whether such events are an educational opportunity…there are no facts supporting this bare assertion—did he even attempt to attend these events? How many events were there? Was he turned away at the door?”
According to the Gothamist, Nungesser has 30 days to file an amended complaint. His attorney told Reuters “While we’re disappointed with the judge’s ruling today, we believe that this is a very strong case and we will continue in our pursuit of justice for Mr. Nungesser.”
This is a moment of great uncertainty. Here’s what you can do about it.
We hope you appreciated this article. Before you go, we’d like to ask you to please support the Forward’s independent Jewish news this Passover. All donations are being matched by the Forward Board - up to $100,000.
This is a moment of great uncertainty for the news media, for the Jewish people, and for our sacred democracy. It is a time of confusion and declining trust in public institutions. An era in which we need humans to report facts, conduct investigations that hold power to account, tell stories that matter and share honest discourse on all that divides us.
With no paywall or subscriptions, the Forward is entirely supported by readers like you. Every dollar you give this Passover is invested in the future of the Forward — and telling the American Jewish story fully and fairly.
The Forward doesn’t rely on funding from institutions like governments or your local Jewish federation. There are thousands of readers like you who give us $18 or $36 or $100 each month or year.
Support our mission to tell the Jewish story fully and fairly.
