Apr

23

Paul Nungesser Files Lawsuit Against Columbia

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one-last-shot-of-columbias-beautiful-campus

one-last-shot-of-columbias-beautiful-campusTonight, ABC News reported that Columbia student Paul Nungesser, CC ’15, has filed a lawsuit against Columbia University for failing to protect him against harassment and defamation. This lawsuit comes as a response to fellow CC senior Emma Sulkowicz’s senior thesis performance to carry her mattress around campus during this school year until Nungesser is either expelled or leaves Columbia prior to graduation. Sulkowicz’s Carry That Weight has gained major media attention this past year, and inspired a larger movement called Carrying The Weight Together in colleges and universities across the country. Nungesser has also spoken to the media about his side of the story.

ABC News reports that Nungesser’s lawsuit claims the university has “effectively sponsored” the defamation against him, leaving him feeling “isolated” on campus and hurting his future job opportunities. Both Nungesser and Sulkowicz are expected to graduate in May.

Update, 4/24 10:49 AM: You can find a full copy of the court document here.

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79 Comments

  1. Anonymous  

    thank god. about time.

    • Seriously  

      Go away, Emma. You're so annoying.

    • Anonymous

      In case if anyone's interested in reading the whole thing, someone posted it here: https://kcjohnson.files.wordpress.com/2013/08/nungesser-complaint.pdf

      • wow

        Share the shit out of this.

      • Anonymous  

        I love how Bwog is cited in a footnote. So legit, Bwog.

      • Anonymous

        HAHAHA THIS SHIT IS HILARIOUS!!!


        On December 16, 2011, Emma sent private Facebook messenger messages as a
        friend to Paul, asking him to speak with Emma’s sexual partner, John Doe, on her behalf, to urge
        John Doe to use condoms when he had sex with women other than Emma The conversation, in
        relevant part, is as follows
        Emma: John Doe and i are all cool - hahahah - i was excited.
        Paul: oh thanks god good to hear - so wats da nuse
        Emma: he and i went to an art opening and tacos tonight - and we
        talked it out - like im not gonna force him to be exclusive
        but i was like "just use condoms with other girls" - so
        yeah - he’ll use condoms if he fucks other girls.
        Paul: . . . its just i mean im glad you talked it out and stuff and im
        not the one trying to kill the boner here but how are you gonna
        have any idea whether he actually uses a condom with other girls
        or not
        Emma: yeah i realize that’s true - i mean there’s a lot of faith involved
        i feel like he needs another boy to tell him to use condoms
        can you, in like your next bro talk, just be like yo, use condoms
        when you luck other girls
        Paul: i have tried to talk to him - thats why i talked to you in the first
        place cause i felt i wasn’t gettin anywhere
        Emma: oh forrealz? - goddamnit - yeah he’s totally not gonna do it then
        Paul: :S
        Emma: why can’t he just only love me
        Paul:
        [411
        • man i feel kinda bad as f-* * * puttin you through this..
        its just i really dunno wat 2do
        hu?
        Emma hu2
        no you should feel proud of being a good guy
        Paul naah not so sure meh
        Emma: no seriously, i’m thankful
        Paul: but yeah i guess, its just im kincla overwhelmed, thought John Doe
        was a good guy just acting tough you know
        Emma: yr saying that you thought he was a good guy but now you’re
        seeing lie’s a straight up had guy?
        Paul: not straight up bad but like why is he doing this? like maybe at
        the end of the clay its none of my fuekin business, but then again i
        feel like it is
        Emma: I don’t knowwwww do you think lie’s going to be hooking up
        with more girls or is it a one time thing that he’s gotten over????
        Paul: i have no clue, like really.

        • Anonymous

          Hey, I'm on Paul's side but I don't think you should post transcripts here. We can all go to the link and read for ourselves. It's just so sickening to read what she wrote and to see those images of her on TV with Senator Gellibrand, wiping off her tears. The whole thing makes me sick.
          Poor guy, Paul. And poor Emma, who was definitely misguided, tapped on her shoulder, enticed and supported by her "friends" and people like Gellibrand who used her for their own political gains. She is a grownup, however, and should have known that karma is a bitch. She ruined an innocent guy's life "just because", added a large amount of fuel to the "rape hysteria" fire across the country. The negative spotlight should be shed more on false accusers.
          That's the only way we can have some truth and balance in this discussion about sexual harassment. Both women's and men's lives matter. EQUALLY.

      • I love the truth

        Emma to Paul: "Fuck me in the butt"

        Read the document. Amazing and appalling what she put this poor guy through. Real life Gone Girl!

    • I love the truth

      She messaged Paul that she had tested
      positive for an STD after having had sex at a party "with both John Doe and his best friend Joe."

    • I love the truth

      Emma also messaged Paul frequently throughout that summer with messages
      including: "wuv youuuu, "- "i miss and love you btw" - "Paul i really miss you - "i really mis
      you - "Paul I wuv you so much. Please stay w me foevah" - "paul I miss you so much" - "like
      u know when you tell people you miss them and you don’t really mean it? - i actually mean it - i
      miss you so much - ahhh" - "pookie - i miss you - "I LOVE YOU - SO MUCH" - "I MISS
      YOU MORE THAN ANYTHING - "I love youuuu" - "and l would LOVE to have you here -
      omg - we could snuggle" - "PAUL I MISS YOU PAUL I MISS YOU PAUL I MISS YOU
      PAULLL" - "DUDE I MISS YOU SO MUCH" "I love you Paul!!!!!!." These messages
      spanned from May 2012 through August of 2012, and similar messages continued until October
      2012

    • I love the truth

      Emma does ass to mouth <3

      On August 21, 2012, just prior to their return to Columbia campus for sophomore
      year, Emma wrote to Paul, "i want to snuggle with you - and talk about our summers - but not
      right now I also love you."
      26. On August 27, 2012, on their first night back at Columbia campus, (the
      "Sophomore Sexual Encounter"), Emma invited Paul to her room. Once again, they engaged in
      consensual sex in Emma’s bed. The Sophomore Sexual Encounter involved vaginal and anal sex,
      followed by oral intercourse.

  2. Heisenberg  

    Just when I finally thought that this story had come to a close...

    • Truth

      Her lies have been finally exposed.

      If you read the court document, Emma messages Paul and says "Fuck me in the butt... don't miss my lopsided ass?"

      She literally asked Paul for anal sex, and called "rape!" when got what she asked for. Why? It's obvious from her messages that she had extremely strong feelings for Paul, and that those feelings were not returned.

      According to the document, she also got an STD from having sex with Paul's friends, and has a history of calling rape (since high school).

      Finally, justice.

      • Anonymous  

        Yo wtf are these comments...
        She JOKED about that a full year before the alleged incident occurred. Do you really think that joke legitimizes what happened? Seriously?
        And of what relevance is it that she got an STD from anyone? Are you implying that having an STD, or even more broadly, having a above-average number of sexual partners somehow legitimizes or makes OK any of what allegedly occurred?

        • Anonymous

          No, the fact that she had STD or sent comments may not matter in other cases. But it does in this case. Yes, many women get STD and are promiscuous, send lewd messages to their sex partners, have sex with a many men at the time. But not all women accuse a man they had consensual intercourse with many times in the way Emma did. So publicly, so revengefully, so freely, so into your face-I'm-a-rape-victim-activist way. She gained so much publicity, enticed so much rage, mixed feelings, confusion, anger; caused many schools to come up with exaggerated rulings, created hostile environment for young men all over the country, and pushed real victim of rape into more hiding.
          The outrageous Rolling stone magazine's story about the totally invented gang rape story had definitely something to do with the Sulkowicz case. Naive (and bad) journalists never questioned the Sullkowicz story so they believed that men around the country are raping women in an unprecedented numbers and had to be punished. So, instead of looking for real stories of rape, they went for whatever sounded the most sensational.

          Anyway, my point is, people here are commenting because they are outraged. What Emma did was inexcusable. What she did equals public/mob lynching that happened not so long ago to black people in the South. One word of a white person was enough. In this case, and in this crazy atmosphere, one word of a woman was enough.

        • TRUTH  

          She wasn't just "joking" about anal sex a year before. How do I know? Because Emma and Paul actually HAD anal sex before the "rape incident" because Emma ASKED for it. They simply had anal sex again, but that time, it was "rape." She started to accuse him of rape when Paul told her he was interested in dating other girls and that he wasn't into her.

  3. Emma Sulkowicz  

    I know the feeling bro, Columbia failed to protect me too.

  4. anon  

    Don't blame him this shit has gone on without proof for so long that I can't imagine it ending with anything other than a win for him

  5. Finally  

    some justice, perhaps

  6. A solution to this problem  

    Sulkowicz and Nungesser should duel to the death on Low Plaza to the tune of this gem https://www.youtube.com/watch?v=qzVBqBosf5w

  7. Growler  

    Always go with the V, boys.

  8. anon2

    the accusations (especially of emotional abuse) seem far-fetched. it seems to me that these girls, like most CU students, are sheltered and privileged to the point of delusion... in my opinion, it's an insult to survivors of actual rape, like my cousin who was sexually assaulted while being held at gunpoint

  9. Anonymous  

    there is a "track" button, you know...

  10. Anonymous

    Read between the lines, look at the timing: this to bully Columbia to put pressure on Emma not to bring the mattress to Class Day

  11. Look

    Emma, it's time to move on with your life now. We get it, but enough is enough.

  12. Anonymous

    I hope he sues Emma, Zoe, and NRT, spec, bwog

  13. Anonymous

    Her lies and deception are finally uncovered.

  14. i finally saw the light

    the court document, page 5, emma's facebook messager message to paul: "fuck me in the butt" and "you dont miss my lopsided ass?"

    she is the one who wanted the anal sex then said it was rape

    the whole story is a classic woman-scorned story

    amazing

    there's nothing in emma's story

    nothing at all

  15. Just read pages 4 to 10

    of the court document. You'll never think about this story the same way ever again.

    Why don't Bwog and Spec publish those pages? Wait, I know! Because they disprove everything Bwog and Spec ever said about this story.

  16. I actually read the document...

    ...and it makes a compelling case that Columbia has enabled and implicitly supported harassment of Paul Nungesser. Some favorite quotes that you should read:

    "Columbia initially told the Activists it would cost $1,500 to clean up the protest, but then only billed them $471 because it decided to sponsor the balance. Columbia thus spent over $1,000 (one thousand dollars) effectively sponsoring a defamation and harassment movement against Paul."

    "In a comparison of the 2013 and 2014 versions of Columbia’s Gender Based
    Misconduct Policies, it is evident that Columbia deleted any references with regard to the privacy of the respondent. This deletion occurred after Emma had begun a campaign against Paul."

    From Columbia’s Student Policies and Procedures on Discrimination and Harassment -- "All students are protected from retaliation for filing a complaint or assisting in an investigation... Retaliation occurs when an alleged perpetrator or respondent, her or his friends or associates, or other member of the University community intimidates, threatens, coerces, harasses, or discriminates against an individual who has made a complaint, or participated in any manner in an investigation, proceeding or hearing under these policies and procedures"

    And there's more. Seriously, read the doc.

    We will never know whether Emma was raped, but to be perfectly honest, it's irrelevant at this point. Paul has rights. Those rights have been denied. That's an issue. Even if you think Nungesser is a violent serial rapist, think about the next guy who isn't. We can't set a precedent of letting mass opinion override the university's duty to protect ALL of its students.

    The part I don't understand -- and I hope someone can clear this up -- is how Nungesser is arguing that this harassment constitutions GENDER-BASED harassment. He's suing under Title IX and repeatedly says throughout the document that he has suffered gender-based harassment. I'm sort of rooting for him at this point, but unless he demonstrates that there is a gendered dimension to the movement against him, I worry that this will fail.

    That said, I'm no lawyer, so could someone help me out in evaluating this?

    P.S. The document would actually be pretty funny if it weren't so serious, it's definitely worth a read. My personal favorite is the claim that Emma ruined Paul's dreams of coming into America, a dream long fueled by his gratitude for the way America defeated the Nazis. Page 31. Can't make this shit up.

    • Not a lawyer either, but...  

      There is a principle in anti-discrimination law called "Disparate impact." If a particular law or process can have a disparate impact on people of a protected class - and sex is a protected class - then that constitutes discrimination. Paul has to prove that Columbia not acting to protect students accused of sexual assault is have a larger negative impact on males than on females.

  17. bbbbb  

    Read the facebook messages Emma sent Paul. Honestly if Paul needs money for his legal fund I will be more than happy to conribute and start a kickstarter. He should sue her for defamation.

  18. Anonymous

    #blessed that I'm male and gay

  19. anonymous

    You gotta give Columbia some credit. They didn't cow tail into Sulkowicz' claims. They stood firm behind the facts and stood behind their decision to not discipline Nungesser. Good for them. On the other hand, they didn't have the chutzpah to prevent the relentless harassment of a student. Free speech does not equal harassment. Columbia should refund Nungesser's tuition. Bollinger should also use this as a teaching moment. We all learn from our mistakes. He should too. If I were him, I'd summon the courage to admit the mistake. I'd also cancel all classes for the day, and address the students and faculty on the topic of not standing up for the truth.

  20. Harmony Hunter

    This lawsuit shows how text poorly corresponds to how people emotionally feel in the physical world and visa-versa.

  21. an observation  

    My take-away from the theatrics and uproar surrounding this incident is how quickly people/mobs can flip 180.

    When the case came out, people were up in arms about justice for Emma and punishment for Paul. Now that other information has come to light, people (read: the same people) condemn Emma for lying. It's beyond silly how quickly people will voice their dismissive opinions in conversation or online about a so-called "truth" they concluded from sources two or three degrees removed from themselves.

    At the end of the day, the only people who actually know what happened are Emma and Paul, and even they probably have a skewed or fucked up perspective on something that happened that long ago.

    What it symbolizes, that sexual assault is bad, is the important matter at hand. I surmise that people are so distraught by the case because of the implication that a sexual partner (even a sexual partner you've slept with in the past) can say no at any time before or during sex, and continuing to have sex beyond that no is rape. I imagine men (disclosure: I'm a guy) are most disturbed by this implication.

    The one group that I know is fucked in the head is the fickle mob audience surrounding this whole thing because I can't rationally conclude whether Emma or Paul is right as a third party observer. Rant over, I guess.

    • Anonymous

      You would like to think it's "theatrics" because you're probably not affected by this whole campus rape hysteria in any way. Many people are. Many people know someone who is falsely accused or raped. The problem is how we interpret the information we find and how we react to what we find. Having a conversation is important. having a conversation online like this is important, too. Why? Because, from what I have heard, if someone tries to organize a meeting that discusses this topic, the loudest and the most obnoxious win. In CC case, the NRT and activists. They are into-your-face-obnoxious bullies, who will not discuss the topic from any other angle but theirs.

      You may say that we don't know what happened exactly between the two of them. But for Emma to so openly, and so fiercely, unapologetically harass a young man, she should have some proof rape happened. Don't you think? To get awards for your "bravery", to visit the White House, to play "an expert" on sexual assault, you'd better have something to show for your claims.

      How do you think this would play out in the court of law? That's what we need to ask ourselves? Not what we FEEL happened. Would you like to be accused and punished in the court of public opinion, based on one person's word alone, and how people FEEL about your alleged crime? Think about it.

      I suggest you read the court document, Emma had her time in the spotlight for the wrong reason, I hope this time Paul gets some justice. And I hope that, once she graduates, Emma finds peace, moves on, and find a new, better and healthier identity for herself.

  22. Van Owen

    The University and Emma's actions are heinous. Paul, you will be vindicated. I hope there is a special place in hell for Emma. Emma, you are soulless.

  23. CC'15

    This is the first story related to gender-based misconduct that The Spec hasn't placed on page 1. Talk about bias. Thanks to the Bwog for real coverage. Shame on Spec for promoting an agenda rooted in baselessness.

  24. Outraged

    You know what's disgusting? That spec, which has always been on top of reporting on this story when it was in favor of emma, has not published even a footnote mention about the fact that he's suing, or the mountains of evidence that he has. Can you say "biased reporting"?

  25. Seriously

    Bwog: this is more important than any other feeble piece of "news" you will publish today. So why don't you dig deeper into the court document to at least demonstrate the critical, other side of the story? There is nothing politically incorrect about exploring the truth. Not doing so is pure cowardice.

  26. Anonymous  

    Sulkowicz is the reason that real victims have to be asked uncomfortable questions and have their stories scrutinized. She has done more to hurt real victims than than any failure of Columbia ever has.

    • Anonymous

      Any victim has to be asked many questions and many uncomfortable questions. Always. Not because of Emma S. It's hard on them but it has to be done. How else would we distinguish between mob justice, hear-say and real justice. Not asking hard question is the reason we're here, talking about this case of mattress toting, bullying of an innocent person that has gone on for too long unchecked.

  27. CC'15

    I'd like to thank Bwog for reporting, wholly, on these recent developments. Shame on The Specator for burying this story on The Spectrum. The level of deceit and propaganda proliferated by The Spectator is an embarrassment to our community.

  28. does this work?  

    Have you clowns turned off new comments?

  29. Spec sucks  

    LOL at Spec's complete silence on this matter while having published 10 million articles sucking up to our national hero Emma

  30. CU Opinions  

    Yeah Emma really sounds like a trustworthy person with a normal, healthy state of mind..... SYKE!

    Get the fuck out of here with those bullshit accusations, you basically turned this guy's life into a nightmare because he didnt reciprocate your feelings?

  31. Track comments  

    Shows some very aggressive commenting by the same person.

    • Anonymous

      Yes, and that would be me. I read all the comments and I engage in the conversation. I don't think that there is a rule where you have to post one moment and leave. Do you know something I don't know? I will gladly leave is such rule exists.

  32. Anonymous

    At graduation, I intend to boo Emma sulkowicz

    #BooEmma2015

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