A federal judge has denied Florida State University’s motion to dismiss a Title IX lawsuit brought by a former student who leveled a rape accusation at a star quarterback for the Seminoles, USA Today reported.
The plaintiff in the case, Erica Kinsman, sued the university in January. She accused the Florida State quarterback, Jameis Winston, who is now a rookie with the NFL’s Tampa Bay Buccaneers, of assaulting her in December 2012. Mr. Winston was not charged criminally in connection with the allegations, and was found not responsible for sexual misconduct after a student disciplinary hearing.
Judge Mark E. Walker of the U.S. District Court in Tallahassee, Fla., on Monday rejected the university’s motion to dismiss the lawsuit. He had previously scheduled a trial date in the case for next year.
“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.”
Read more at: www.usatoday.com
