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Judge determines any woman may ruin a man's life in college, dismisses Nungesser case against Columbia

desmay

March 12, 2016
159 upvotes
/r/MensRights
http://columbiaspectator.com/news/2016/03/11/judge-dismisses-nungesser-case-against-columbia
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Title Judge determines any woman may ruin a man's life in college, dismisses Nungesser case against Columbia
Author

desmay

Upvotes 159
Comments 39
Date March 12, 2016 7:02 PM UTC
(10 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/4a50jj/judge_determines_any_woman_may_ruin_a_mans_life/
Archive Link https://theredarchive.com/r/MensRights/judge-determines-any-woman-may-ruin-a-mans-life-in.954139
https://theredarchive.com/post/954139
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Comments

[–]mochacola 43 points44 points45 points 10 years ago (2 children) | Copy Link

As much as I think this is a civil rights issue and difficult to prove as a discrimination issue, mattress girl was not just an accuser, she was known liar by the University. So how does this set a precedent for accusers? It only set a precedent for liars who got caught lying.

[–]CoccyxCracker 14 points15 points16 points 10 years ago (1 child) | Copy Link

That's just it. They want to be able to lie about rape without any consequence. Now they have the green light. Men in college who are reading this, KEEP IT IN YOUR PANTS. It's just not worth the lifetime of pain and sorrow it might cost you.

[–]wzil 4 points5 points6 points 10 years ago (0 children) | Copy Link

KEEP IT IN YOUR PANTS

It seems most men just aren't Machiavellian enough to understand this only does a little to protect you. False accusations (be they to police or just general lies) require no sex to have actually occurred. While it may make the liars job easier, there is no physical law that forces a woman to only accuse men she has actually slept with. So keeping it in your pants might reduce the chance that Mrs. Crazy will point the finger at you in particular, but if she does anyways, you still have no defense. We will see even virgins being falsely accused of rape.

[–]Electroverted 19 points20 points21 points 10 years ago (14 children) | Copy Link

If you read the article, it sounds more like the judge dismissed their case tactic more so than the case itself, advising them go pursue a human rights violation against the school. This is far from over, and I'm confident Columbia will have to pay for this.

I myself agree with the overall case tactic though: Emma was awarded for harassment, creating a bad environment for him. Both of them should pay for this.

[–]aragorndc 12 points13 points14 points 10 years ago* (7 children) | Copy Link

"In his decision, U.S. District Judge Gregory Woods wrote that Nungesser’s lawsuit would push Title IX too far, setting a precedent that would allow any students accused of sexual assault to sue a school that did not silence the student who had accused them from speaking out."

To be fair the judge is right about the lawsuit by nungesser using Title IX as he was given the due process. Even though the university tried to do unfair due process in nungessar case he still came out as not guilty and at the same time it is really hard to prove that he had an unfair due process by university.

I myself agree with the overall case tactic though: Emma was awarded for harassment, creating a bad environment for him. Both of them should pay for this.

It certainly is violation of human rights which the university has done by promoting and even encouraging Emma's thesis which they found the allegation to be false. I am also confident that Columbia will definitely have to pay if nungesser goes for human rights violation lawsuit. Even the judge suggested to do the same.

"Still, Woods’ opinion noted that that Nungesser could still pursue an amended claim against the University through a New York state human rights law."

[–]dungone 7 points8 points9 points 10 years ago (2 children) | Copy Link

To be fair the judge is right about the lawsuit by nungesser using Title IX as he was given the due process.

But the lawsuit wasn't about being denied due process. It was about the male student being sexually harassed and the school refusing to do anything about it.

[–]aragorndc 0 points1 point2 points 10 years ago (1 child) | Copy Link

sexually harassed and the school refusing to do anything about it.

I don't know about this incident of nungesser being sexually harassed. As I read from the news, students made petition to kick him out of the college. I am not aware of this sexual assault on nungesser which is why I thought the judge was right.

[–]dungone 1 point2 points3 points 10 years ago (0 children) | Copy Link

Not sure if I should be explaining what sexual harassment is or what Sulkowicz did.

[–]Electroverted 8 points9 points10 points 10 years ago (3 children) | Copy Link

To be fair the judge is right about the lawsuit by nungesser using Title IX.

Yeah, I kinda skirted around that part. It's incredibly disappointing to see a judge drop a case because it would hurt an already-feeble law (Title IX). He knows that the law is going to open up a floodgate of problems for universities (already has), but he doesn't want to be the judge that implodes it. He needs to grow some balls.

[–]dungone 11 points12 points13 points 10 years ago (1 child) | Copy Link

Exactly. Courts are supposed to throw out unconstitutional laws, not protect them. But this guy basically said, "well golly, seems like it would hurt women if we actually applied the law fairly" and threw out the case.

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

Yeah, it's indefensible. But lawyers will defend it, because there isn't a single lawyer in this country who isn't willing to defend corrupt pieces of shit like this one.

They are more interested in defending a corrupt system, than they are in justice.

[–]aragorndc 7 points8 points9 points 10 years ago (0 children) | Copy Link

already-feeble law (Title IX)

You are so right on it. "Supreme Court held that individuals may file lawsuits for retaliation under Title IX when they face adverse action for complaining about sex discrimination.". The easiest solution to avoid these situations is to remove the law and let the police handle the cases.

[–]dungone 4 points5 points6 points 10 years ago* (4 children) | Copy Link

Actually, it sounds like the judge is special pleading. Title IX protects students from sexual harassment in school settings, but this judge thought that maybe this belongs under some state law instead, which is either covers the same thing or in a slightly different context such as sexual harassment in the workplace. If Columbia takes federal money (it is one of the top 10 biggest recipients of federal funding) then sexual harassment claims should go under Title IX just as much as any applicable state law.

This judge seems to have grossly misread either the law or the facts of the case. He scoffed at Nungesser for allegedly failing to "plead facts giving rise to a plausible inference that Sulkowicz’s actions were motivated by his gender," which seems to be either a lie or ignorance of the fact that sexual harassment is by definition motivated by gender and this is how it would be interpreted if any woman made similar claims.

[–][deleted] 1 point2 points3 points 10 years ago (0 children) | Copy Link

That's exactly what the judge is doing here.

"I don't want to uphold the law because I think there might be negative consequences" is not a valid legal argument. It's wankering, that some in here are defending because they will defend any amount of wankery from these black-robed psychopathers. These are the same kind of people who think Bush V. Gore was well decided, and that Kelo was necessary and totally misunderstood decision.

[–]expert02 1 point2 points3 points 10 years ago (2 children) | Copy Link

I don't think what she did was sexual harassment, just regular harassment.

[–]dungone 4 points5 points6 points 10 years ago* (1 child) | Copy Link

Maybe this was the mistake on the part of Nungesser's lawyers. They didn't seem to make it clear enough that her behavior constituted sexual harassment. But I don't see how a reasonable person could see it any other way.

The false rape accusation was revenge against Nungesser refusing to date Sulkowicz. In a sane world, false rape accusations would be considered sexual harassment in their own right, but under our current laws, pressuring someone to date you is considered sexual harassment.

The mattress campaign was spreading a rumor about sexual activity in with the express purpose of pressuring Nungesser to leave the school. That is also sexual harassment.

The school's art gallery where Sulkowicz printed images of a naked man on top of copies of Nungesser's New York Times interview was also sexual harassment.

The cringe-worthy porno Sulkowicz made to depict her alleged rape was also sexual harassment.

Which part of Sulkowicz's harassment was not sexual?

[–]expert02 -3 points-2 points-1 points 10 years ago (0 children) | Copy Link

Which part of Sulkowicz's harassment was not sexual?

Everything you just listed.

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

This is how judges get away with corruption. They pretend to rule on one issue as an excuse to do whatever they want.

They regularly look for excuses to dismiss valid cases they don't like. They regularly allow invalid cases they do like to go forward.

It's pretty obvious that the western model of impunity for judges flat-out doesn't work. The only people who defend it are lawyers and judges, not because they have special knowledge the rest of us don't have, but simply because they want to preserve their privilege to ignore the law.

[+][deleted] 10 years ago (1 child) | Copy Link

[permanently deleted]

[–]Alkomb 4 points5 points6 points 10 years ago (0 children) | Copy Link

So true, that just hurt.:\

[–]Terminal-Psychosis 15 points16 points17 points 10 years ago (1 child) | Copy Link

That university should be so ashamed of itself, it burns down from the hot flashes.

They completely turned away from integrity over this circus. The judge here did the wrong thing too.

Hopefully the case goes on and justice is served. Crap like this ruins universities. It almost seems like that is the plan actually.

[–]roharareddit 2 points3 points4 points 10 years ago (0 children) | Copy Link

Oh, make no mistake, it is the plan.

[–]Machnow 6 points7 points8 points 10 years ago (1 child) | Copy Link

This saddens me, The school was complicit in supporting her thesis which was based on her claim of rape which was dismissed by the school themselves. This makes no sense. There's something very wrong with the courts in America. There's something very wrong with the Schools in America.

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

No, it doesn't make any sense at all. This judge decided to simply ignore the law, because he imagined potential consequences to following the law he doesn't like.

This is what judicial activism looks like -- a liberal judge deciding to ignore the law because it might make women feel bad.

[–]MenandBoysareGood 7 points8 points9 points 10 years ago (2 children) | Copy Link

Although men's rights activists seldom stoop to the level of feminist tactics I wonder how it would go down if a falsely accused walked around Columbia wearing a sandwich board - with a message, just to make a point?

[–]dungone 7 points8 points9 points 10 years ago (1 child) | Copy Link

He might end up beaten within an inch of of his life.

[–]Electroverted 0 points1 point2 points 10 years ago (0 children) | Copy Link

And expelled without a second thought. Men are disposable at universities. Or were, but now they're coming back with lawyers.

[–]MrAnalog 10 points11 points12 points 10 years ago (7 children) | Copy Link

I think it's worth noting that the judge in this case, Gregory Woods, was appointed by Barack Obama on the recommendation of Senator Charles Schumer (D-NY). It is hardly surprising that he would rule that Title IX is essentially a law to benefit women.

Current "it girl" feminist Rebecca Traister, author of All the Single Ladies, has brazenly asserted that the American left is aggressively courting the women's vote in order to impose their political agenda. The leaders of the Democratic party unabashedly champion feminists and feminist inspired policies. The message is clear.

If you care about men's rights, don't vote for Democrats.

[–][deleted] 4 points5 points6 points 10 years ago (2 children) | Copy Link

If you care about rights of people in general, sure as hell don't vote for Republicans.

[–]bakedpotato486 11 points12 points13 points 10 years ago (1 child) | Copy Link

The two of you have plainly laid out the reason America's two-party system sucks.

[–]thatlowdowndirty47 1 point2 points3 points 10 years ago (0 children) | Copy Link

Or why America sucks in general

[–]Electroverted 0 points1 point2 points 10 years ago (1 child) | Copy Link

If you care about men's rights, don't vote for Democrats.

Please.

[–][deleted] 1 point2 points3 points 10 years ago (0 children) | Copy Link

It's pretty obviously true.

All of this is happening because Barack Obama decided that title IX said something it clearly didn't say. And now his corrupt appointees are giving it the thumbs up, and letting men suffer because of it.

Meanwhile, his party does nothing but fight an imaginary 'War on Women!' while letting the economy rot and men go jobless.

NEVER vote Democrat. They hate men and worship women. And no matter how much you may think you agree with them, they still hate you, and will ream you out simply because they hate you. They will pass laws that make life hell for men, no matter what else they do, because they hate and resent men.

NEVER vote for someone who hates you. It cannot end well.

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

I will never vote for a Democrat again after the way Obama has handled Title IX issues.

That's the women-only party. Nobody else matters to them.

[–]ElMorono 5 points6 points7 points 10 years ago (0 children) | Copy Link

Fuck this judge. Asshole.

[–]dungone 4 points5 points6 points 10 years ago (0 children) | Copy Link

Wow, this judge got it so wrong that it's not even funny. It sounds like he didn't even bother to consider the facts of the case. I hope this gets appealed.

[–]Senray 0 points1 point2 points 10 years ago (0 children) | Copy Link

I don't understand why he isn't suing Sulkowicz, a case against Columbia is a longzhit

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

The only good judge is a dead judge. If they don't want to uphold the law, then they should swing from trees.

[–]roharareddit 0 points1 point2 points 10 years ago (0 children) | Copy Link

“Nungesser not only fails to plead facts giving rise to a plausible inference that Sulkowicz’s actions were motivated by his gender, he fails to allege harassing conduct that is sexual in nature such that it states a Title IX claim,” Woods wrote.

Are you kidding me? ARE YOU FUCKING KIDDING ME?

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