Shuma made an ill-advised YouTube video satirically opining on the "reasons why the Holocaust was a good thing."
asserted
Holocaust → make → reasons
The video spread through campus, and an uproar followed.
asserted
uproar → spread → campus
School administrators publicly condemned it, the matter was widely reported in the student newspaper, and students spoke out against Shuma.
asserted
students → condemn → Shuma
In one of Whibley's classes, a lively discussion ensued about Shuma.
asserted
discussion → ensue → Shuma
One student disclosed that she overheard Shuma at a club event saying things that were "absolutely unacceptable to, to say to anyone" and that "there were some threats involved," and she expressed her frustration that his behavior continued "after reporting on Shuma and knowing people who have reported on him in terms of Title IX behavior or just Title IX in general."
asserted
who → disclose → behavior
Another student echoed that she had heard from multiple people that Shuma had written articles in the student newspaper that expressed "racist sentiment."
asserted
that → echo → sentiment
A third student described that Shuma had written an article arguing that "white privilege is not real … is not a thing."
asserted
privilege → describe → article
After this conversation, Whibley initiated an online petition to advocate for Shuma's expulsion.
asserted
Whibley → initiate → expulsion
The petition described Shuma as the subject of "multiple Title IX issues," and that he had written "racially charged [newspaper] articles."
asserted
he → describe → articles
She also described Shuma as a "serial offender."
asserted
She → describe → offender
The petition garnered 811 signatures in the first few days, and ultimately over half the Dickenson student body signed it.
asserted
body → garner → it
Shortly after the posting, Whibley learned that Shuma had no such Title IX complaints filed against him.
asserted
Shuma → learn → him
Within days, Whibley corrected the online petition to eliminate to the claim about Title IX.
uncertain
Whibley → correct → IX
She further explained in the modified petition that "Shuma has not been in violation of any Title IX statutes," and that she did "not wish to slander [Shuma]," but simply share what she heard from other students.
asserted
she → explain → students
Shuma sued Whibley for defamation in Pennsylvania state court.
asserted
Shuma → sue → court
After settlement negotiations broke down, Whibley declined to defend the case, and default judgment was entered against her.
asserted
judgment → break → her
The state court next concluded that Shuma was entitled to no damages, but upon Shuma's urging, scheduled a damages trial for October 31, 2023.
asserted
Shuma → conclude → October
Days before the trial was set to begin, however, Whibley filed for bankruptcy in the District of Maryland, which triggered an automatic stay of the Pennsylvania case.
asserted
which → set → case
Shuma next initiated an adversarial proceeding in the bankruptcy case in which he averred that any debt Whibley incurs as part of the Pennsylvania defamation action was not dischargeable in bankruptcy [i.e., couldn't be cancelled the way bankruptcy cancelled most other debts -EV] because her conduct had been willful and malicious.
asserted
conduct → initiate → debts
The adversarial proceeding advanced to trial solely on whether Whibley defamed Shuma with the intent to injure him, thus rendering the debt nondischargeable….
asserted
debt → advance → him
Bankruptcy Judge Lori Simpson ruled in Whibley's favor, and the district court affirmed:
Section 523(a) of the Bankruptcy Act enumerates certain exceptions to the dischargeability of debts in bankruptcy.
asserted
Section → rule → bankruptcy
Relevant here, subsection 523(a)(6) states that any debt arising from "willful and malicious injury by the debtor to another entity" is not dischargeable.
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debt → state → entity
Importantly, a debt stemming from "a deliberate or intentional injury" is not dischargeable; but a debt can be discharged when arising from "a deliberate or intentional act that leads to injury."
asserted
that → stem → injury
…
[T]he Court discerns no error, let alone clear error, in the Bankruptcy Court's factual finding that Whibley did not possess the requisite intent to injure Shuma.
asserted
Whibley → discern → Shuma
The Bankruptcy Court credited Whibley's testimony explaining why she relied on her classmates' reports about Shuma, and next when she learned of their inaccuracy, corrected the public record.
asserted
she → credit → record
The Bankruptcy Court likewise was permitted to credit Whibley's explanation that her prior experiences with sexual assault made her more disposed to believing the reports of Shuma's misconduct, even though such belief ultimately was misplaced.
asserted
belief → permit → misconduct
Last, the Court discerns no error in the Bankruptcy Court's conclusion that Whibley's timely correction of the petition further corroborates a lack of intent to injure Shuma by defaming him.
asserted
correction → discern → him
Shuma may feel that Whibley's corrective statement did not go far enough, but mere disagreement with the Bankruptcy Court does not render clearly erroneous the Bankruptcy Court's factual findings regarding Whibley's lack of intent….
uncertain
findings → feel → intent
The weight of the evidence demonstrates that Whibley posted the petition not to harm Shuma but to protect the student body from Shuma's opprobrium.
asserted
Whibley → demonstrate → opprobrium
Whibley plausibly pointed to legitimate reasons why she believed her statements to be true at the time and promptly corrected the petition when she learned she was wrong.
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she → point → petition
Shuma otherwise adduced no meaningful evidence to suggest that Whibley possessed the requisite intent sufficient to meet his burden.
asserted
Whibley → adduce → burden
All of which supports the Bankruptcy Court's conclusion that the debt remains dischargeable in bankruptcy.
asserted
debt → support → bankruptcy
It's not clear to me exactly what "protect the student body from Shuma's opprobrium" means, but here are the passages of the bankruptcy judge's opinion that the court cites there:
asserted
court → protect → that
All evidence before the Court establishes, and Defendant does not dispute, that the classmate's statements were not true.
asserted
statements → establish → Court
Perhaps because of Defendant's naiveté, biases and prejudices or because the classroom context lent the discussion an air of credibility, the Defendant did not dismiss her classmate's comments as idle gossip or seek to investigate further.
asserted
Defendant → lend → gossip
She simply believed them.
asserted
She → believe → them
The following day Defendant drafted and published an online position on change.org seeking to pressure the Dickinson administration into expelling Plaintiff from the college.
asserted
Defendant → draft → college
In addition to rebuking Plaintiff for his statements in the video, Defendant stated in the petition that Plaintiff has also been reported multiple times for Title IX issues and had written racially charged articles in the Dickinstonian, the college newspaper.
asserted
Plaintiff → rebuke → Dickinstonian
The phrase racially charged in one sense appears to be a code word for racist.
asserted
phrase → appear → racist
That said, it is nebulous to the point of meaningless and appears to reflect the sensitivities and suspicions of the speaker more than the content described.
asserted
it → say → content
…and 15 more, not listed.
The Aporia