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Tyler Clementi's Parents Intend To Sue Rutgers

12/22/10 06:34 PM ET   AP

Tyler Clementi Photo

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're considering suing the school.

Joseph and Jane Clementi, parents of Tyler Clementi, filed notice Friday preserving their right to sue. They have to wait six months after the notice to file a 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"

The claim, first reported by The Home News Tribune of East Brunswick, did not list how much in damages the Ridgewood family would seek.

The notice was given shortly before a 90-day deadline, and the family has not decided whether to move ahead with the lawsuit, Paul Mainardi, a Clementi family lawyer, said in a statement. Without the notice, he said, the family would lose the option to sue.

Rutgers spokesman E.J. Miranda said in a statement that the school is not to blame.

"We at the university share the family's sense of loss of their son, who was a member of our community. We also recognize that a grieving family may question whether someone or some institution could somehow have responsibility for their son's death," Miranda said. "While the university understands this reaction, the university is not responsible for Tyler Clementi's suicide."

Clementi, an 18-year-old violinist in his first weeks of college, killed himself on Sept. 22, days after a roommate and another Rutgers allegedly used a webcam to peek at Clementi's liaison with another man.

The suspects, Dharun Ravi and fellow freshman Molly Wei, were both charged with invasion of privacy and have withdrawn from Rutgers. Authorities say they're weighing whether to charge them with bias intimidation.

Clementi's death came amid a string of high-profile suicides of young people who were gay or perceived to be gay. Partly because of the way he killed himself – jumping off the George Washington Bridge connecting New Jersey with Manhattan – Clementi has become a face of the issue.

Some experts fear that his death may have sparked copycat suicides among other vulnerable young people.

President Barack Obama and celebrities including talk show host Ellen DeGeneres have talked publicly about his death and said that young gays and lesbians need to know that life gets better.

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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 th...
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 th...
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HUFFPOST SUPER USER
Jdaddy1951
09:35 PM on 12/22/2010
I'm not sure why Rutgers is seen as culpable in this tragic situation, which seems to have been caused by two students, Dharun Ravi and Amy Wei. It would seem that those two should be the sole targets of the Clementis' lawsuit. But then maybe Rutgers is more likely to have money for a settlement than two students.

I would hope that stiff criminal charges will be filed against these two privacy invaders, these two bullies.
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HUFFPOST SUPER USER
thepoliticalcat
Eradicate your microbioflora
02:26 AM on 12/23/2010
Clementi informed Rutgers staff about the harrassment. And, as the language of the notice itself points out,Rutgers has not done anything to address the issue since.
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HUFFPOST SUPER USER
Jdaddy1951
08:37 AM on 12/23/2010
Well, I suppose the Clementi family is doing what they feel like they have to do. But ultimately, the responsibility lies on Ravi and Wei, two young adults who just couldn't mind their own business and ending up causing a tragedy for a young man, his family, and Rutgers University.
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HUFFPOST SUPER USER
Barringtonmorr
Democracy: Where any two |diots outvote a genius
09:35 PM on 12/22/2010
If the family is truly honest they would sue for the school to implement programs so that things like this are less likely to happen. There should be programs implemented for the RA's to be able to recognize the early signs of depression. Suicides are tricky but they are ultimately caused by the victim. You can do a lot to try and prevent a suicide but if the person is not strong enough or wise enough to see that suicide is 99.99999999999999999999999% of the time not the solution to their problems its no one to blame but the victim. The only time you should commit suicide is when you are seriously considering seriously hurting someone (i.e. as in a murder suicide... the person with the problems should shoot themselves first and live the other potential victim out) else or during a zombie apocalypse.

I understand that they are looking for a scapegoat for their sons very unfortunate death but the hard truth is that we can only prepare for so much in preventing suicides. It is ultimately the decision of the victim.
09:01 PM on 12/22/2010
Rutgers knew of Clementi's situation. He went to them twice and also informed an RA.

If Rutgers had acted there would never have been a tape made in the first place.
08:06 PM on 12/22/2010
What is NOT on trial here is Clementi's action AFTER the tape was leaked. What IS on trial here is Rutgers inaction BEFORE the tape was made.”

If The Huffington Post would simply report this story accurately it would avoid a lot of confusion and a lot of unecessary comments.

Clementi made it clear to Rutgers there was a problem by:

1) requesting a room change from Rutgers, and
2) informing a dormitory resident assistant of the video

Rutgers did nothing. THAT is WHY Mr. Clementi's parents are suing.”
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HUFFPOST SUPER USER
thepoliticalcat
Eradicate your microbioflora
02:27 AM on 12/23/2010
Thank you for pointing out the salient issue.
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HUFFPOST SUPER USER
dlo2
05:25 PM on 12/22/2010
This is a tragic story...so sad for these parents. However, a lawsuit (whether successful or not) may create a precedent for all universities to establish guidelines for their students to understand how to live together while respecting cultural, ethnic and gender differences in a diverse community. My grandfather was an official of Rutgers University decades ago when monoculture, prevailed. These are different and far more complex times and universities (and all secondary/post secondary schools) need to prepare students to live in the world community which begins long before life in the dormitory. And universities are far more implicated in situations where they had a distinct opportunity to intervene. I don't know if this was the case here.
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HUFFPOST SUPER USER
Jdaddy1951
08:46 AM on 12/23/2010
Whether from a "monoculture" or whether the person is a first-generation American, singling someone out as a target of ridicule because he is "different" is just plain wrong. It may start out as a joke, but if the person being objectified doesn't share the joke or if it ends tragically --- as did this situation --- the person is simply a bully. Dharun Ravi and Amy Wei fall into this category of bullies. They singled out Tyler Clementi because he was gay and invaded his privacy, which they had no business doing. They may not look like thugs or bullies, but their behavior is consistent with such people.
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04:27 PM on 12/22/2010
If instead of choosing suicide as his solution, he chose to destroy the two students cars, or worse, would Rutgers be responsible for his crimes?
08:14 PM on 12/22/2010
NO. Stop blaming and demonizing the victim with hypothetic­al stuff that never happened.

What is NOT on trial here is Clementi's action AFTER the tape was leaked.

What IS on trial here is Rutgers inaction BEFORE the tape was made.
08:37 PM on 12/22/2010
Stop trying to demonize Tyler Clementi with hypothetic­­al stuff that never happened.

What is NOT on trial here is Clementi's action AFTER the tape was leaked.

What IS on trial here is Rutgers inaction BEFORE the tape was made.
04:17 PM on 12/22/2010
Why stop there? While they are at it, they might as well arrest the school officials and the dormitory staff for murder. Apparently people are held responsible for actions somebody else willfully committed.

The school is not responsible because somebody does the extreme action of taking their own life because a couple of young people allegedly decided it would be funny to watch a peer interact with a stranger over the Internet.
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Ladyrantsalot
The bell tolls for thee.
04:08 PM on 12/22/2010
My university imposed a very strict no-drinking code after several students drank themselves silly and the administration was terrified there might be a lawsuit someday. A few years later, a freshman drank himself to death at a party. The parents sued the university because.... the drinking code was too strict (making students less likely to report excessive drinking to university authorities). Universities cannot win. They teach young people, and some young people are always going to do very irresponsible things. And the university ends up holding the bag, usually because those responsible for the problem are old enough to be liable as adults, but too young to have any resources to sue for.
03:55 PM on 12/22/2010
Was the University aware of any issues prior to the video? If not, how long did they have once they found out about the video?

I think that schools should be held responsible but they have to know about the issue and have at least a short period of time to start doing something.
03:50 PM on 12/22/2010
This is sad for everyone involved.
The parents dealing with the loss of their child in such a horrible way.
The two students, who, thru an act of monumental stupidity and careless cruelty, will have to pay for and live with this for the rest of their lives.
The school which will be mandating tolerance classes for every student attending in the future, because they obviously were never taught these things before college age.
And us, because we should be looking in the mirror.
HUFFPOST COMMUNITY MODERATOR
MsMassachusetts
Things do not go better with Koch!
03:44 PM on 12/22/2010
I cannot believe the ice running through the veins of a majority of posters on here today. He DID bring it to the attention of the administration of Rutgers. They chose to do NOTHING for this freshman THEY were more than willing to take a huge amount of money from to attend THEIR college. If they don't start taking the safety of THEIR students more seriously. then parents should strongly encourage their children to go elsewhere where safety is a higher priority. Those two little monsters who taped him should be sitting in jail, but the college is also responsible. The two are not mutually exclusive.
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zeroesandones
just a regular guy
03:55 PM on 12/22/2010
F and F'd
thank you for your reasoning...
HUFFPOST SUPER USER
Balzac
04:06 PM on 12/22/2010
I think they have a case. Even if you don't buy into the idea Rutgers should have had a policy in place regarding reputation, privacy, Internet and student conduct, they should have one going forward. This lawsuit forces them to act. They deserve a settlement if Tyler Clementi had sought help with the officials.
HUFFPOST SUPER USER
SeaMikeC
Retired Retailer/Former Mortgage Loan Officer
03:40 PM on 12/22/2010
I hope they sue the crap outta Rutgers for ignoring this blatant harassment. I hope they take everything those two students families have, so they end up on the streets, since they never taught their children how to treat others when they had the chance in raising decent human beings and failed to do so.
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03:27 PM on 12/22/2010
We would have been expelled for having sex in the dorm...
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HUFFPOST SUPER USER
Jdaddy1951
08:54 AM on 12/23/2010
Would you also have been expelled for videotaping the sex and causing someone to commit suicide? Siding with the perpetrators and blaming the victim, I see. Nice.
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03:26 PM on 12/22/2010
How does a college address such a thing....
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zeroesandones
just a regular guy
03:46 PM on 12/22/2010
you have policies and procedures for such matters..
and follow them...
http://uhr­.rutgers.e­du/ee/hara­ssment.htm

if your staff fails to adhere to it, situations like this happen....
03:58 PM on 12/22/2010
You call the two students who videotaped Clementi, expel them, send them to jail.
03:15 PM on 12/22/2010
This is one case where the parents of the deceased should sue the school, and the 2 other students who caused his suicide.

The parents of the 2 students deserve to lose everything they own for raising two sick kids like them.
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HUFFPOST SUPER USER
Jdaddy1951
08:56 AM on 12/23/2010
Don't know about suing the parents of the two students and while I'm leaning toward suing Rutgers, I think the focus should always be on Dharun Ravi and Amy Wei, the two young ADULTS who videotaped Tyler Clementi, posted the tape on the Internet and ultimately contributed to his death. They are old enough to have known better and to be required to take responsibility for their wicked actions.