Both sides submit a letter (text) to the court summarizing the arguments they plan to raise in advance of a July 1 pre-trial hearing. Nungessers lawyer’s expand on their original claims, saying that despite Nuingesser being cleared by the University, Columbia did not curtail Sulkowicz’s activities, and actually honored her:
Emma’s time and indeed her academic work at Columbia has largely been defined by her part in the gender based anti-male discriminatory harassment campaign against Plaintiff Nungesser[;] these honors constitute yet another instant of Defendant Columbia directly rewarding, encouraging and celebrating Emma Sulkowicz’s role in the gender based discriminatory harassment.
They also say Columbia allowed Sulkowicz to display pornographic material that had Nungesser’s name attached to it in an art exhibition, and allowed Sulkowicz to carry the mattress to her (and Nungesser’s) graduation:
At the graduation ceremony, Emma Sulkowicz was given a special university privilege contrary to the rules by Defendant Columbia to carry the mattress to her and Plaintiff Nungesser’s graduation in another instance of Defendant Columbia perpetrated gender based discriminatory harassment of Plaintiff Nungesser
They also claim that Columbia allowed Sulkowicz to:
build a public persona surrounding her false allegations, which has led to the posting of videos and other proposed performances depicting Plaintiff Nungesser as a rapist.
Columbia’s attorneys do not rebut any of Nungesser’s claims, and while the school acknowledges that Sulkowicz’s campus activism made her a major figure in the sexual assault debate, it claims she was an independent third-party actor, and the school cannot be held responsible or liable for her conduct. The letter concludes by saying both sides are open to a pre-trial settlement.
Nungesser’s parents make a statement about their son’s graduation.
Our son’s graduation should have been a joyous moment for our whole family. We are extremely proud of Paul for graduating, even more so because of the harassment campaign he was subjected to. For over two years, he had to fight false accusations and a public witch-hunt, even though Columbia and the NYPD exonerated him. At graduation, Columbia University again broke its own rules and afforded Emma Sulkowicz a special exception. It was the second devastating experience in just a few days: Last week, Columbia exhibited Emma Sulkowicz’s highly disturbing and extremely graphic drawings of our son publicly on campus…A university that bows to a public witch-hunt no longer deserves to be called a place of enlightenment, of intellectual and academic freedom. By failing to intervene in this injustice, Columbia ceases to be a place where critical thinking, courage and democratic practice are taught, learned and lived.
Posters go up around the Columbia campus accusing Sulkowicz of lying. Related posters also criticize Lena Dunham.
Hundreds of students carry 28 mattresses and leave them at the door of Bollinger’s home, in a protest organized by No Red Tape, an anti-rape campus group whose members wear red X’s and stickers urging passers by to “Imagine a world without rape”. The mattresses bear slogans like “NO MORE” and “CARRY THAT WEIGHT”. Students:
The administration isn’t really paying attention to what’s important. They’re dancing around the issue, saying it’s not really Columbia’s problem but society in general’s. Though they’re the people who are not expelling the rapists.
As a trans man, I feel sometimes that … I need to be involved in the male part of it. The entire reason that assault happens is because of the attacker, not the victim.
After seeking guidance from visual arts professor Kessler over the summer, Sulkowicz starts carrying her mattress wherever she goes on Campus.
Rape can happen anywhere. I was raped in my own dorm bed, and since then that’s become fraught for me. And I feel like I carry the weight of what happened there with me everywhere…For my senior thesis I will be doing a piece called ‘Mattress Performance’ or “Carry that Weight’ where I will be carrying this dorm room mattress everywhere I go for as long as I attend the same school as my rapist.
Carrying around your university bed—which was also the site of your rape—is an amazingly significant and poignant and powerful symbol. I felt I had something to offer in terms of how artists have done endurance performance pieces in the past, and the connection between activism and performance…The best art comes from a very personal place and from personal commitment and belief—otherwise you’re just doing an assignment…As a physical metaphor, the piece has tremendous power.
A list of “sexual assault violators” is written on the walls of various womens’ bathrooms on the Columbia campus. While the names are redacted in the reports, it is believed that Nungesser’s name is one of those mentioned. The messages are repeated over several days, titled “Rapists on Campus.” All names are written in the same style this time, suggesting a single author, and include the names of a big campus DJ, an athlete training for the Olympics, and a male student who worked at the Bwog, a campus news blog. Sulkowicz says she does not know who was behind the graffiti, but that the list includes the name of the man who had assaulted her.
I think that it’s important for people to know the names, because it’s a matter of safety
And also comments a few days later:
The fact that the University sends Public Safety to tape down the bathrooms—I think that’s a stifling of sorts. For other graffiti they wouldn’t tape the bathroom down. If it were a drawing of a smiley face, they wouldn’t do that.
One day before the end of classes, Nungesser receives two new accusations. The first is from Natalie, a former girlfriend alleging he had emotionally and sexually abused her for the duration of that relationship. The second is from Josie, who claims that in April 2012, he had tried to kiss her at a party. Josie had written off the incident as drunken aggression, but after a mutual friend of hers and Nungesser’s tells her that he was participating in a hearing panel related to sexual assault, she contacts the Office of Gender-Based and Sexual Misconduct. She says she remembered thinking:
What if I wasn’t as tall and strong as I am? What if I was really drunk? Those ideas made me very scared for other women.
The Office sends Nungesser an email instructing him to vacate his room at ADP the next day “to ensure the safety of all the parties involved in this matter” and move to another dorm for the few remaining days of the school year.