GeniuSxBoY Suspended 16786 Posts user info edit post |
Quote : | "NEW BRUNSWICK, N.J. – The parents of a Rutgers University student who killed himself after his roommate allegedly used a webcam to spy on him during a tryst with another man have filed notice that they intend to sue the school.
Joseph and Jane Clementi, parents of Tyler Clementi, filed the notice on Friday. They have to wait six months to file the lawsuit over their son's death, which became a symbol in a national outcry over the bullying of young gays.
In the notice, the couple said "it appears Rutgers University failed to act, failed to put in place and/or failed to implement, and enforce policies and practices that would have prevented or deterred such acts, and that Rutgers failed to act timely and appropriately"" |
What kind of made up bullshit are they suing for? It should read like this:
"it appears Rutgers UniversityJoseph and Jane Clementi failed to act, failed to put in place and/or failed to implement, and enforce policies and practices that would have prevented or deterred such acts, and that Rutgersthe Clementis failed to act timely and appropriately"
The college should sue his parents for not raising him to cope with bullies. They raised him as a sissy, pansy little girl!! They are 100% responsible for his suicide.
[Edited on December 22, 2010 at 11:48 AM. Reason : .]12/22/2010 11:47:03 AM |
indy All American 3624 Posts user info edit post |
Quote : | "They are He is 100% responsible for his own suicide." |
12/22/2010 11:48:24 AM |
Doss2k All American 18474 Posts user info edit post |
Well I did feel bad for them, but anytime someone tries to sue someone like this its retarded. It's as if the school is expected to monitor all personal matters of students at all times. Sorry, maybe you used high school as a free babysitter, but once kids get to college they are adults and expected to take care of this type of shit themselves.
[Edited on December 22, 2010 at 11:50 AM. Reason : .] 12/22/2010 11:50:03 AM |
GeniuSxBoY Suspended 16786 Posts user info edit post |
Obviously personal responsibility does not exist in the United States Legal Dictionary,
so, instead, I'm using their own logic against them. 12/22/2010 11:50:26 AM |
wolfpackgrrr All American 39759 Posts user info edit post |
I could see a civil suit being filed against the roommate, but the school? Really? 12/22/2010 11:53:41 AM |
BanjoMan All American 9609 Posts user info edit post |
If he has some amount of documented complaints and they can show that Rutgers allowed the bullying to continue, then why wouldn't this be legit? 12/22/2010 11:54:42 AM |
GeniuSxBoY Suspended 16786 Posts user info edit post |
Follow your nose, to the smell of money!!
12/22/2010 11:55:19 AM |
mildew Drunk yet Orderly 14177 Posts user info edit post |
Quote : | "If he has some amount of documented complaints and they can show that Rutgers allowed the bullying to continue, then why wouldn't this be legit?" |
Is everyone going to go back and sue their elementary/middle/high school bc of the bullies there that bugged them everyday?
The main issue is the dude's response to being picked on and ashamed of being gay. Which is nobodies fault but his own.12/22/2010 12:02:32 PM |
indy All American 3624 Posts user info edit post |
Quote : | "Obviously personal responsibility does not exist in the United States Legal Dictionary" |
This.
12/22/2010 12:09:28 PM |
KInge21 All American 574 Posts user info edit post |
The Ohio court case Hegel v Langsman is found in most first year Torts books under something like the "failure to act" section. It essentially says that colleges are not responsible for this kind of activity.
The court's reasoning:
Quote : | "[A university] is neither a nursery school, a boarding school, nor a prison. No one is required to attend."" |
Quote : | "We know of no requirement of the law and none has been cited to us placing on a university or its employees any duty to regulate the private lives of their students, to control their comings and goings and to supervise their associations."" |
Of course, this is an Ohio case from 1979, but since its a standard in law school case books today, I would guess that many courts around the country are of the same opinion.
[Edited on December 22, 2010 at 12:21 PM. Reason : .]12/22/2010 12:10:17 PM |
BanjoMan All American 9609 Posts user info edit post |
I do agree that a civil case against the room mate is a more logical option.
Suing the school does not entirely make sense. Maybe a lawyer talk them into because he was fishing for a bigger settlement or his own personal glory. This is why I hate some lawyers. 12/22/2010 12:17:25 PM |
AstralEngine All American 3864 Posts user info edit post |
^^I wonder if that would apply to a similar case at NC State nowadays, where it is required that you live on campus your first year. 12/22/2010 12:23:16 PM |
kiljadn All American 44689 Posts user info edit post |
snap, is Kenny Inge a lawyer/law student?
fuckin awesome 12/22/2010 12:26:54 PM |
spöokyjon ℵ 18617 Posts user info edit post |
^^ It isn't required that you attend the school, though. 12/22/2010 12:29:16 PM |
joe_schmoe All American 18758 Posts user info edit post |
that precedent won't apply if evidence can be shown that Rutgers authorities knew about the harassment, and neglected to intervene.
whether the school is or is not at fault, this is not about parental responsibility.
the event in question is clearly bullying and harassment of an individual based on sexual orientation. it's not clear if the school should have been expected to intervene. 12/22/2010 12:52:31 PM |
mildew Drunk yet Orderly 14177 Posts user info edit post |
So what is the appropriate penalty for recording/broadcasting a gay guy having sex in your room? 12/22/2010 1:15:49 PM |
quagmire02 All American 44225 Posts user info edit post |
Quote : | "So what is the appropriate penalty for recording/broadcasting a gay guy having sex in your room?" |
good question, but irrelevant in this particular case because it was just two dudes kissing12/22/2010 1:17:43 PM |
mildew Drunk yet Orderly 14177 Posts user info edit post |
ah, my mistake
[Edited on December 22, 2010 at 1:21 PM. Reason : I am going to go kill myself now] 12/22/2010 1:20:32 PM |
quagmire02 All American 44225 Posts user info edit post |
12/22/2010 1:24:03 PM |
BanjoMan All American 9609 Posts user info edit post |
the school should have intervened in some way if he has filed complaints, IMO. 12/22/2010 1:34:05 PM |
joe_schmoe All American 18758 Posts user info edit post |
^ that.
i think is the question this case will depend on. 12/22/2010 1:37:04 PM |
KInge21 All American 574 Posts user info edit post |
Unless the guy who was filmed found out about the tape, and then contacted school authorities who subsequently took no action, it seems unlikely that the school had a legal duty to intervene. The school was not contacted prior to the suicide right? 12/22/2010 1:41:33 PM |
wolfpackgrrr All American 39759 Posts user info edit post |
Quote : | "I wonder if that would apply to a similar case at NC State nowadays, where it is required that you live on campus your first year." |
Since when did they start requiring that? Doesn't seem like there's enough housing to accommodate the incoming class each year.12/22/2010 1:43:52 PM |
AstralEngine All American 3864 Posts user info edit post |
My first year at NCSU was Fall semester 2005, and I was told I had to live on campus the first year. 12/22/2010 1:47:31 PM |
ThePeter TWW CHAMPION 37709 Posts user info edit post |
This will hinge on if the student has made any complaints to a school official, such as an RA, about a bad roommate situation. Otherwise I think the case will have no basis.
^I had the same start and I believe I remember that as well. There is plenty of student housing for freshmen. Lee hall holds nearly 800 students alone if I remember correctly. Freshmen classes are what, between 3 and 5k?
[Edited on December 22, 2010 at 1:50 PM. Reason : lkj] 12/22/2010 1:47:42 PM |
wolfpackgrrr All American 39759 Posts user info edit post |
Well damn, that's a stupid rule imo. I'm guessing if you're living at home though they make an exception to that rule. If they don't, screw them 12/22/2010 1:49:26 PM |
ThePeter TWW CHAMPION 37709 Posts user info edit post |
I do know you aren't allowed to have a car on campus your freshman year...maybe that is the rule. 12/22/2010 1:51:02 PM |
mildew Drunk yet Orderly 14177 Posts user info edit post |
I don't actually think that is a rule. Turning away college students because they don't want to live on campus makes little to no sense 12/22/2010 1:51:58 PM |
BanjoMan All American 9609 Posts user info edit post |
For the record, saying stuff like
Quote : | "hey raised him as a sissy, pansy little girl!! They are 100% responsible for his suicide." |
is very ignorant. Sometimes college students commit suicide because they feel trapped in a world where nobody notices them. Bullying such as this just feeds into that depression.12/22/2010 1:52:00 PM |
mildew Drunk yet Orderly 14177 Posts user info edit post |
well not to offend girls.... but that does indeed sound sissy
[Edited on December 22, 2010 at 2:00 PM. Reason : pejorative for boy/man to indicate that he fails to behave according to the traditional male gender] 12/22/2010 1:53:02 PM |
Supplanter supple anteater 21831 Posts user info edit post |
http://www.rci.rutgers.edu/~polcomp/judaff/docs/UCSC.pdf
Quote : | "(k) the term "victim" means a member of the University community who alleges that she or he has suffered personal harm or injury as a result of an alleged violation(s) of part 10 of this Code." |
Quote : | "(u) Making or attempting to make an audio or video recording of any person(s) on University premises in bathrooms, showers, bedrooms, or other premises where there is an expectation of privacy with respect to nudity and/or sexual activity, without the knowledge and consent of all participants subject to such recordings." |
Googling up their code of conduct, they do mention recording sexual activity without the consent of participants as an actionable offense under part 10 - prohibited conduct.
Quote : | "the school should have intervened in some way if he has filed complaints, IMO." |
Quote : | "This will hinge on if the student has made any complaints to a school official, such as an RA, about a bad roommate situation. Otherwise I think the case will have no basis." |
Yeah, I think this isn't a whose moral responsibility was this situation, although the code of conduct certainly had lots of language about actions unbecoming of a good college student, it instead will be treated more like a contract. If the university's code of conduct and other rules and bylaws said that "if you pay us money to attend, and if x happens and is reported, then we will take y action" and they didn't take y action, then that is where a case might be found.
On the other hand the parents might not care about suing for its own sake at all, it might be more of a "hey you universities, you should follow through on the protections you say you will offer, or it could have financial consequences" sort of thing since financial considerations grab peoples attention in ways that public statements do not.12/22/2010 2:07:11 PM |
rbrthwrd Suspended 3125 Posts user info edit post |
Quote : | "I do know you aren't allowed to have a car on campus your freshman year...maybe that is the rule." |
false, its just tough to get a parking pass when you are a freshman unless you are ok with storage lot
Quote : | "^^I wonder if that would apply to a similar case at NC State nowadays, where it is required that you live on campus your first year." |
its not required to live on campus freshman year, though 80% do12/22/2010 2:50:24 PM |
ThePeter TWW CHAMPION 37709 Posts user info edit post |
^You can't have a car on main campus or any of the useful parking areas (parking decks, West Lot) is what I was getting at. Storage lot is way the fuck out there...isn't it Varsity lot off of Gorman?
And I think its just strongly suggested that students live on campus freshman year. 12/22/2010 2:57:00 PM |
bmel l3md 11149 Posts user info edit post |
I believe meal plans are required the first year of college. The rest is just recommended. 12/22/2010 2:59:42 PM |
rbrthwrd Suspended 3125 Posts user info edit post |
Quote : | "^You can't have a car on main campus or any of the useful parking areas (parking decks, West Lot) is what I was getting at. Storage lot is way the fuck out there...isn't it Varsity lot off of Gorman?" |
you can have any permit you want if they are available12/22/2010 3:01:04 PM |
mcfluffle All American 11291 Posts user info edit post |
Quote : | "Freshmen may purchase permits/bring vehicles to campus Resident freshmen may purchase a resident storage permit; commuting freshmen may purchase Varsity Lot commuter parking. The resident storage permit is not recommended for students who require quick access to their vehicles; i.e., off campus jobs, but for students who want access to their vehicles on weekends or trips home." |
http://www2.acs.ncsu.edu/trans/parking/permits/student/index.html
Quote : | "NC State does not have a requirement for freshmen to live on campus, so deciding where you will live is a big decision." |
http://ncsu.edu/housing/future.php
Quote : | " Am I required to be on a meal plan each year that I attend the university?
No, only first year students that are living on campus are required to have a meal plan. " |
http://www.ncsudining.com/dining/dining_faq.html#Student%20Participation ]12/22/2010 3:11:21 PM |
AstralEngine All American 3864 Posts user info edit post |
^Maybe they've changed it since 2005?
Maybe it was what bmel was saying and I was just required to have a meal plan because I was on campus...
I don't remember, shit was a decade ago 12/22/2010 3:40:10 PM |
wolfpackgrrr All American 39759 Posts user info edit post |
^^ Okay, that sounds like how I remember it when I was a student lol.
Quote : | "Googling up their code of conduct, they do mention recording sexual activity without the consent of participants as an actionable offense under part 10 - prohibited conduct." |
I'm going to guess that was inserted after this whole thing happened. Time to dig up an older version of their code of conduct!12/22/2010 3:56:16 PM |
merbig Suspended 13178 Posts user info edit post |
Quote : | "Obviously personal responsibility does not exist in the United States Legal Dictionary," |
What the fuck are you talking about? Just because they chose to sue, doesn't mean they will win. 12/22/2010 4:03:30 PM |
Vulcan91 All American 13893 Posts user info edit post |
For what it's worth, he did contact his RA about it IIRC. 12/22/2010 4:14:28 PM |
wolfpackgrrr All American 39759 Posts user info edit post |
Didn't you know. In civil suits the person bringing on the suit ALWAYS wins. 12/22/2010 4:14:33 PM |
beatsunc All American 10740 Posts user info edit post |
Quote : | "What the fuck are you talking about? Just because they chose to sue, doesn't mean they will win. " |
they are not trying to "win" the suit. they want an out of court $ettlement
we need a loser pays all attorneys fees system12/22/2010 6:51:16 PM |
flatline Veteran 180 Posts user info edit post |
Quote : | "but since its a standard in law school case books today, I would guess that many courts around the country are of the same opinion." |
I hope you are not in law school, because this statement is idiotic even for tww armchair "lawyers"12/22/2010 6:53:38 PM |
rbrthwrd Suspended 3125 Posts user info edit post |
Quote : | "we need a loser pays all attorneys fees system" |
people already counter-sue for fees12/22/2010 7:30:10 PM |
The5thsoth All American 4813 Posts user info edit post |
I can vouch for the fact that you could get away with neither living on campus or having a meal plan as a freshman back in 2005...cause I didn't live on campus, and I did not have a meal plan.
[Edited on December 22, 2010 at 10:50 PM. Reason : what was this thread about again?] 12/22/2010 10:50:14 PM |
Chop All American 6271 Posts user info edit post |
^i did that back in 96 12/22/2010 10:57:30 PM |
BridgetSPK #1 Sir Purr Fan 31378 Posts user info edit post |
First off, there is lots of nearby private parking for incoming freshmen around NCSU. This is America...somebody will provide you with parking if you want it...forget some limited university storage lot nonsense. Seriously, haven't y'all ever wondered what the giant gravel lot by UT is? Some of the businesses on Hillsborough sell their own spots, too.
Second off, Supplanter summed it up. 12/22/2010 11:08:33 PM |
wolfpackgrrr All American 39759 Posts user info edit post |
^^^ I did it in 2001. 12/23/2010 9:29:50 AM |
ClassicMixup All American 3877 Posts user info edit post |
Quote : | "My first year at NCSU was Fall semester 2005, and I was told I had to live on campus the first year." |
Yeah, probably some kid who needed a roommate in Bragaw.
Freshmen have been living at UT since before I was born
[Edited on December 23, 2010 at 9:40 AM. Reason : .]12/23/2010 9:40:36 AM |
eyedrb All American 5853 Posts user info edit post |
Quote : | "we need a loser pays all attorneys fees system" |
Id like to take it one step further and be able to sue the attorney who takes on frivolous cases, they should really know better and are supposed to be the professional.12/23/2010 10:37:59 AM |