Sulkowicz threatens to sue Newsweek over its story about campus rape.
Paul Nungesser’s complaint is filled with lies…. I want to warn you to be conscientious about what you publish as ‘fact’ for I may work with a lawyer to rectify any inaccuracies and misrepresentations.
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.
Following the appearance of posters on Columbia campus calling both Dunham and and Sulkowicz liars, Dunham tweets her support:
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.
Jezebel posts Sulkowicz’s rebuttal to the Facebook messages provided by Nungesser. Sulkowicz:
It is extremely upsetting that Paul would violate me again—this time, with the help of a reporter, Cathy Young. I just wanted to fix the problem of sexual assault on campus—I never wanted this to be an excuse for people to dig through my private Facebook messages and frame them in a way as to cast doubt on my character. It’s unfair and disgusting that Paul and Cathy would treat personal life as a mine that they can dig through and harvest for publicity and Paul’s public image.
This is why I have chosen to release the full conversation, plus the context in which things were said. I want people to have all the information so that they can make informed decisions for themselves, rather than seeing a redacted version of the conversation with bits and pieces picked out to make me look a certain way.
If I had a choice, no one would see my private Facebook messages at all. However, Paul and Cathy have put me in a position where I either do nothing, and they publish the conversation, or I take the lead and publish it on my own. It’s the only thing I can do to maintain a modicum of control over my private life, which becomes more public by the second, thanks to reporters who don’t treat me with respect.
In a feature story on The Daily Beast, Nungesser says he did not rape Sulkowicz. According to Sulkowicz, after starting consensual sex (their third sexual encounter), Nungesser suddenly and brutally assaulted her, then picked up his clothes and left without a word, leaving her stunned and shattered on the bed. However, according to Nungesser, they briefly engaged in anal intercourse by mutual agreement, then went on to engage in other sexual activity and fell asleep. He says that he woke up early in the morning and went back to his own room while Sulkowicz was still sleeping. Nungesser says that for weeks after that night, he and Sulkowicz maintained a cordial relationship, and says she seemingly never indicated that anything was amiss. He then describes a series of friendly texts made by Sulkowicz after the alleged incident (these are documented here, and have been included in the newsline at the appropriate points).
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.