'Mattress Protest' lawsuit dismissed

Submitted by Mastodon on Sat, 2016-03-12 15:49

Article here. Excerpt:

'A United States District Court judge dismissed Paul Nungesser’s Title IX lawsuit against Columbia University on Friday, saying his allegations did not constitute sex-based discrimination in a way that violated federal law.

Nungesser, who was accused of sexual assault by Emma Sulkowicz and other Columbia students, filed the lawsuit against Columbia, its trustees and President Lee Bollinger and an art professor last April. Nungesser alleged that by allowing Sulkowicz to carry her mattress in protest of his being on campus after the school found him not responsible for sexual misconduct, the school was complicit in her sex-based harassment of him.

Title IX is the federal law that prohibits sex-based discrimination in federally funded educational programs. Until recently, it was mainly the accusers in campus sexual assault cases who filed Title IX complaints against their schools, primarily with the U.S. Department of Education Office for Civil Rights. When accused male students sued their schools, they did so for lack of due process or breach of contract claims.'

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I really thought this was the case that would be a breakthrough for the falsely accused.

I just read a different article on the dismissal. It said something to the effect that Emma's mattress project never involved touching Paul or using his name so it did not constitute harassment (I'm going to try and find the article, so I can quote it more accurately)

I am glad to see that Paul's attorneys are willing to try again, but I am loosing faith in our justice system in regards to falsely accused cases.

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Submitted by Kris on Sat, 2016-03-12 19:28

According to a Huffington Post article, Judge Gregory H Woods said this:

"Nungesser does not allege that Sulkowicz ever attempted to touch him, spoke to him, followed him, or otherwise interacted with him after the October 2013 hearing," Woods wrote in his opinion. "Nor does he allege that she ever used his name in any of her public statements."

http://www.huffingtonpost.com/entry/paul-nungesser-lawsuit-dismissed_us_56e43ae7e4b0b25c91822496

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Submitted by Kris on Sat, 2016-03-12 19:42