Tyler Clementi's parents may sue Rutgers

[backpacker]

There a lot of facts that we don't know. I still think whatever happened the afternoon of his death is the missing piece that could explain a lot. Somehow he went from thinking this was something that could be handled to it being hopeless. I have wondered if it was something like the university would not immediately change roommates, that the RA had made a joke of it around the dorm or that someone threatened to tell his parents (if he wasn't out to them). I'm not saying that anything of these things happened; I'm just suggesting that these are the types of things that could have changed Tyler's outlook on the situation. My gut tells me that had the university handled things better, the outcome would have been different.

I don't think you can blame the university for his actual suicide as that is a drastic act that a reasonable person would not take given the circumstances. Depending on the facts there may be a case made for some other torts if they failed to take reasonable actions to provide a safe environment or didn't keep his information confidential. The whole situation wasn't the university's finest hour. They has deep pockets and there is always the risk that a jury will find them responsible and levy a huge award. They (or their insurance company) will likely settle to put the whole thing behind them and avoid the risk of a big loss. Of course any settlement would include a clause that the university does not admit fault.

 

[doetim]

Just ignore him, he always posts nonsense like that.

Ok thanks for letting me know, I've never "met" him here before. I don't mind if it's nonsense by that's like not even English. Sounds like he's from a non English speaking country and moved to America and picked up English in the ghetto.

 

[doetim]

what dat thens whens da marsians invadin every countrys idea it self ans gonna take ova da hotdog franchise at all world arenas?

I hope you don't write like this at work.

 

[Críostóir]

I wouldn't sue for the money, but to clarify the idea of "where do we go from here" and ultimately, to save lives. RIP, Tyler.

Thanks for pointing this out. Much as it's how we tend to think in America, money isn't the only reason to sue. Injunctive relief (that is, asking for a court order requiring the other party to do something, like protect gay students from harassment) is also possible.

Unless the incident with the webcam was personally reported to an RA, I think Rutgers is not responsible.

It was. Read the thread Tyler started on here. He went to the RA about it.

I don't think you can blame the university for his actual suicide as that is a drastic act that a reasonable person would not take given the circumstances.

Well, either you're arguing that no one can ever be blamed for someone else's suicide, since a "reasonable person" would never commit suicide (ignoring cases of terminal illness with enormous physical pain), or you don't actually know what the life of a professional concert violinist is like.

The video went viral on the internet. He could not have had a solo violin career. He spent his life learning to play the violin.

Yes, he could have moved on and wound up with a different, but equally rewarding life. But what 18-year-old knows that? I think the university could very well be partly culpable.

 

[star-warrior]

I hope it's not lawyer driven advice where the lawyers are motivated by potential income.

 

[123kid]

It is a tragedy, but this is just a stupid move.

It's not the university's fault.

I totally agree. Very sad situation, but the University is not at fault.

 

[doetim]

I don't see how this could be the university's fault either unless they had complained about these 2 individuals doing something to their son before and the university didn't take actions. However I don't think this was the case.

 

[Críostóir]

You know, people really should learn to read.

Tyler DID complain to the RA and nothing was done. It IS partly the university's fault.

 

[RobinGoodfellow]

I'm not a lawyer either, but if I were, I would use the en loco parentis approach. - That any university should be held accountable for protecting its students. |

The in loco parentis approach wouldn't apply here; it pretty much died as regards colleges and universities in the 1960's. Even if this had happened at in a private high school, it is unlikely it would be applied, as it was under a situation that the school simply didn't have any control over.

The problem from a legal perspective is that the school was apparently unaware of the situation, and thus had no control over it until it was already completed. The parents are going to need to show that the university knew that something was going on, and/or that it did nothing once they knew about the situation. As the two students faced expulsion prior to dropping out, that latter aspect is really going to be difficult to show.

RG

 

[RobinGoodfellow]

You know, people really should learn to read.

Tyler DID complain to the RA and nothing was done. It IS partly the university's fault.

However, there was a timing issue. Clementi apparently complained about the problem 9-19, even asking for a new roommate. However, as he was unfortunately dead three days later, they would not have had time to really do anything about it.

RG

 

[Críostóir]

However, there was a timing issue. Clementi apparently complained about the problem 9-19, even asking for a new roommate. However, as he was unfortunately dead three days later, they would not have had time to really do anything about it.

RG

Well, one could argue that they should have suspended the roommate right away. But Tyler also complained of a general atmosphere of anti-gay harassment in the dorm. Anti-gay harassment IS sexual harassment (if I understand New Jersey law correctly), and therefore the school is potentially liable because they allowed it...whether it was reported to them or not, they had a responsibility to prevent it.

Or so a lawyer could easily argue in court. I'm not a lawyer and I don't know how that would hold up, but I feel that the university DOES bear moral responsibility for the atmosphere in the dorm (Tyler said everyone acted like the scandal was him being gay), whether or not they're legally liable. I hope they are, and that a jury finds them so.

 

[star-warrior]

^ if the general atmosphere was that his sexulity was scandalous, then all the students in his dorm are equally culpable for creating the air of negativity.....

 

[The White Stripe]

I end up thinking about this poor guy everyday and thank my ucky stars I have never been in this terrible situation.

I can't tell you what I would have done.

 

[Críostóir]

^ if the general atmosphere was that his sexulity was scandalous, then all the students in his dorm are equally culpable for creating the air of negativity.....

Yeah, but the university is responsible for allowing it to occur.

I think that, under the circumstances, a lawsuit against Rutgers is an exercise in futility. They didn't know about the situation until after the fact.

On the other hand, Mr. Ravi should be sued within an inch of his life. He very definitely knew he was doing something wrong, and did it anyway, with malice aforethought. I would sue him with the utmost vigor. I would ask for $10 million.

Well, if the university is even a little liable, the parents should sue Ravi and the university jointly and severally. That way whoever has the most money pays.

I'm not completely convinced, yet, of Wendy Wei's culpability.

Me neither. Good thing neither of us will be on the jury.

I end up thinking about this poor guy everyday and thank my lucky stars I have never been in this terrible situation.

I can't tell you what I would have done.

Yeah, me too. And I bet Tyler never thought he'd be in this situation either.

If something terrible like this happens to you, don't kill yourself. There are better solutions.

 

[FanofFiction]

When I was in the closet I never had sex with men. But had I had sex with men while in the closet and so much as word got otu; I'd probably have killed myself as well. I can't even imagine what I would do if it was streamed live on the net.

That said, I can't even see how this could be blamed on the school. They could probably use the incident to enact some sort of suicide prevention program... maybe a gay support group or something. But I can't imagine some monetary gain from this.

 

[Críostóir]

How would the university control a "general atmosphere?"

"Hostile workplace" comes to mind. Allowing one to exist is not OK.

But if they'd shut down the harassment it would have been enough. The RAs should have been trained not to tolerate that sort of thing, and how to deal with it if it did. Not doing so sounds like tortious neglect to me, but I Am Not A Lawyer.

 

[blackbeltninja]

I'm not sure the University should be held responsible. Surely what happened is well beyond Rutgers' control.

Under US and/or New Jersey law, would I be entitled to sue the city/state if I got hit by a guy driving dangerously because they hadn't caught him and locked him up yet? If no, I don't think Rutgers is to blame. If yes, it's a stupid law which needs changing.

-d-

 

[evanrick]

I don't see how the University could be held responsible unless it specifically chose to ignore the problem.

But you can retroactively change laws so that the perpetrators of this nightmare are punished judiciously.

If the laws do not bear a strong enough punishment for his death, change the law.

I am not saying his roommates are completely responsible, because Tyler had probably been contemplating suicide and this just broke him. And I am not his parents, who want compassion, but this was a hate crime at its heart.

 

[operafan]

As much pain as I can assume the parents are in, I can't see what they hope to achieve my suing the university. It will keep the wound raw and what do they hope to get out of it -- money? I'll bet Tyler wouldn't have wanted that. So sad.

 

[Críostóir]

I'm not sure the University should be held responsible. Surely what happened is well beyond Rutgers' control.

Under US and/or New Jersey law, would I be entitled to sue the city/state if I got hit by a guy driving dangerously because they hadn't caught him and locked him up yet? If no, I don't think Rutgers is to blame. If yes, it's a stupid law which needs changing.

-d-

Well, if you're going to comment without reading the thread, I'm not going to review for you.

But you can retroactively change laws so that the perpetrators of this nightmare are punished judiciously.

If the laws do not bear a strong enough punishment for his death, change the law.

Now THAT would be unConstitutional. Retroactive laws are banned in the Constitution of the United States.

I am not saying his roommates are completely responsible, because Tyler had probably been contemplating suicide and this just broke him.

Do you have any evidence that suggests this? I haven't seen any, and the evidence of Tyler's mood that I HAVE seen would tend to argue against it.

And I am not his parents, who want compassion, but this was a hate crime at its heart.

Yes. But we'll see if it's prosecuted as such. I think it's unlikely, unfortunately.

As much pain as I can assume the parents are in, I can't see what they hope to achieve my suing the university. It will keep the wound raw and what do they hope to get out of it -- money? I'll bet Tyler wouldn't have wanted that. So sad.

Again, read the thread, or try searching for "injunctive relief."