Life

Manhattan Judge Dismisses Title XI Suit Brought by Emma Sulkowicz’s Alleged Rapist

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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.”

Maia Efrem is the former research editor and assistant to the editor and was also responsible for the Forward’s annual Salary Survey. Previously she served as the editor of Blognik Beat, a blog written by students who emigrated from or have ties to the Former Soviet Union. Maia is a graduate of Hunter College and Columbia University’s Graduate School of Journalism.

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