Judge denies FSU motion to dismiss Winston accuser’s suit

A motion by Florida State University to have a Title IX lawsuit brought forth by the accuser in former quarterback Jameis Winston’s sexual assault case has been denied by a judge. Matt Baker of the Tampa Bay Times reported the development in the case.

Title IX is, essentially, a federal law that prohibits gender discrimination in any education program that receives federal funding. Winston’s accuser, Erica Kinsman, is claiming that FSU failed to abide by Title IX guidelines by “showing deliberate indifference with its ‘cleary unreasonable response'” after she initially accused Winston of raping her in 2012.

U.S. District Court Mark E. Walker offered more in his summation of his decision, which was reported by Rachel Axon of USA TODAY:

“In sum, FSU offers a different take on some of the facts in the complaint and additional facts that are not in the complaint in an attempt to show its efforts to respond were diligent and genuine, or at least not ‘clearly unreasonable’ under Title IX,” Walker wrote in his motion. “This Court does not resolve such factual disputes on a motion to dismiss.

“Viewed in the light most favorable to Ms. Kinsman, the complaint plausibly alleges deliberate indifference during this period that effectively denied her the ability to attend FSU.”

In layman’s terms, Miss Kinsman is basically accusing FSU of deliberately protecting Winston from being charged and any subsequent discipline on the university’s behalf simply because he was a big-time football star that brought in a great deal of revenue for the school. Given how he was not charged with sexual assault by the U.S. Attorney’s office and ultimately cleared by the university of any wrongdoing in a Code of Conduct hearing, despite having a reputation as a knucklehead whose judgment away from the field was often called into question, perhaps Miss Kinsman does indeed have a strong case.

FSU, on the other hand, is claiming that it did plenty to help Miss Kinsman following her accusations against Winston, offering her a victim advocate and other services. Miss Kinsman has claimed that the university did nothing whatsoever and that she was continually harassed on campus.

The lawsuit is set to go to jury trial in Tallahassee in July of next year, following FSU’s winning a change of venue motion back in April.

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*Featured Photo (above) credit to USA TODAY Sports

Ragin’ Cajuns lose WR Jared Johnson for 2015 season
Ragin’ Cajuns lose WR Jared Johnson for 2015 season