College workers stricken with cancer should seek remedy through the workers’ compensation system, and injured students can bring negligence lawsuits, not claims that their constitutional rights have been violated, attorneys for North Carolina State University said in asking a court to dismiss a high-profile lawsuit brought over hazardous chemicals in a campus building.
“Plaintiffs’ alleged injuries sound in negligence and workers’ compensation, not in violations of constitutional rights,” reads the motion to dismiss, filed in Wake County Superior Court.
One man and 10 women who developed breast cancer while studying or working at NCSU’s Poe Hall filed suit in January, arguing that the university had sundered protections provided by the state constitution, including a right to bodily integrity; a right to enjoy fruits of their labor; a right to life and happiness; and a right to a safe learning environment, according to court documents.
The alleged source of the cancers is Poe Hall, the university’s former education building. It was shown to have been built with materials that contained PCBs, chemicals used as insulating fluid in transformers and other products, according to the Raleigh News & Observer and other news reports. PCBs were found to be harmful and were banned in 1979.
NCSU closed the Poe Hall building three years ago and has filed its own lawsuit against Monsanto, the chemical manufacturer. The sickened workers and students also have sued Monsanto, news sites have noted.
The university now wants the constitutional claims against it to be dismissed.
“Plaintiffs have not stated any colorable constitutional claim because they “fail to demonstrate that they have suffered the deprivation of any right protected by the Constitution,” the motion reads.
Workers’ comp claims may not allow much relief for the workers. As of January 2025, North Carolina workers’ compensation law provided no presumption that certain diseases are caused by workplace exposure, according to the Workers’ Compensation Research Institute. Several other states have established presumptions for classes of workers, such as firefighters and other first responders who develop some types of cancers, heart disease or psychological trauma.
Read More: New Concerns About NC State University Building Found to Have PCBs
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