Nungesser files a second complaint against Columbia The 100-page complaint again alleges Columbia participated in gender-based harassment, sexual harassment and gender-based misconduct against Nungesser that “was severe, pervasive and objectively offensive” and that deprived him of educational opportunities. Nungesser questions whether male and female students have the same rights, and whether “a false accusation [is] all it takes to lose any right to a normal life and a normal college experience. Complaint:
Columbia’s institutional practice is largely based on the stereotype of the active, voracious, aggressive male and the passive, restrained, non-aggressive woman, which is sex-based stereotyping and overgeneralization that is discriminatory and a clear violation of Title IX.
Nungesser is seeking damages and declaratory relief. Nungesser:
I sincerely hope that Judge Woods allows my case to move on to trial. While I personally would like to put this case behind me, I also think this complaint raises some fundamental questions that our society deserves answers to.
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.
Nungesser amends his complaint against Columbia (document) with extra details, including that he repeatedly contacted the university to find out if Sulkowicz would be allowed to carry the mattress to his graduation:
In the weeks and months before graduation, Paul reached out repeatedly to Columbia administrators, requesting detailed information regarding whether Defendant Columbia would allow Emma to carry the mattress at the graduation ceremony. Despite repeated requests, Defendant Columbia refused to provide him with any information…
The complaint says that Sulkowicz asked twice to take the mattress to the graduation, and was denied, but that she took it anyway and the university did not stop her. The complaint also mentions threats against Nungesser by Sulkowicz (“it’s not safe for him to be on this campus”) and her friends, and says that the male student that Nungesser was cleared of touching is going to produce an interpretative dance about his claim.
Bollinger does not shake Sulkowicz’s hand at the graduation ceremony. As Sulkowicz and her friends ascended the stage, Bollinger, who had been shaking the students’ hands, turned his back and picks up a water bottle. Ms. Sulkowicz leans over the mattress and tries to catch his eye, then straightens up and keeps walking, shrugging with her free hand. Sulkowicz:
I even tried to smile at him or look him in the eye, and he completely turned away. So that was surprising, because I thought he was supposed to shake all of our hands.
A spokesperson for Columbia denies the move was on purpose:
The mattress had been between Ms. Sulkowicz and Mr. Bollinger and that no snub was intended.
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.