Manhattan District Judge Woods dismisses Nungesser’s case against Columbia University, saying Nungesser failed to show that Columbia discriminated against him based on his gender by allowing and condoning conduct during the 2014-2015 academic year by Sulkowicz. Woods says he did not suggest that Nungesser’s final year at Columbia was “pleasant or easy, but that Nungesser’s position would stretch Title IX too far, and could permit any students accused of sexual assault to sue their schools, so long as the schools knew of the allegations and failed to silence the accusers.
Neither the text nor the purpose of Title IX supports this conclusion.
He says Nungesser could replead his Title IX claim and some other claims, including under a New York state human rights law.
[This decision] brings us closer to the point that this litigation, addressing issues understandably difficult for many, can be concluded.
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.