FSU Settles with Kinsman

[eibua12 81]

Paid http://www.usatoday.com/story/sports/ncaaf/2016/01/25/florida-state-settles-title-ix-lawsuit-erica-kinsman-jameis-winston/79299304/

I have not read the whole thing

Florida State has settled a federal Title IX lawsuit with Erica Kinsman, a former student who said she was raped by quarterback Jameis Winston in 2012.

The settlement was announced on Monday, more than a year after she initially filed the complaint in federal court.

FSU agreed to pay Kinsman $950,000 – an amount that includes attorney’s fees – as well as make a five-year commitment to awareness, prevention and training programs. The lump sum is the largest settlement for Title IX claims regarding indifference to a student’s reported sexual assault.

“I will always be disappointed that I had to leave the school I dreamed of attending since I was little,” Kinsman said in a statement. “I am happy that FSU has committed to continue making changes in order to ensure a safer environment for all students.”

FSU did not admit to liability in the settlement, which university president John Thrasher said the school agreed to in order to avoid additional litigation expenses.

“We have an obligation to our students, their parents and Florida taxpayers to deal with this case, as we do all litigation, in a financially responsible manner,” Thrasher said in a statement. “With all the economic demands we face, at some point it doesn’t make sense to continue even though we are convinced we would have prevailed.”

The settlement does not affect an ongoing Title IX investigation by the Department of Education’s Office for Civil Rights. Kinsman filed a complaint with the agency in early 2014 and it opened an investigation in April of that year.

John Clune, one of Kinsman’s attorneys, said not withdrawing her OCR complaint was critical for Kinsman in agreeing to the settlement.

In her lawsuit, which was settled in U.S. District Court for the Northern District of Florida, Kinsman alleged that Florida State was “deliberately indifferent” to her reported sexual assault and that its response was “clearly unreasonable.” She asserted that FSU concealed and obstructed the investigation so as to allow Winston to play football.

Kinsman, who left FSU in November 2013 when the case became publicly known, argued that continued harassment denied her of her educational opportunities under Title IX.

As part of the settlement, FSU agreed to publish annual reports of its programs for the next five years.

In September 2014, FSU created the "kNOw MORE" campaign, seeking to educate students, faculty and staff about the meaning of consent, prevention, intervention and provide resources for sexual assault victims. The school has also hired a new Title IX coordinator, added six positions related to on-campus safety and published a Victims’ Rights and Resources handbook, among other initiatives.

“She had two goals in this case - one was to hold the university accountable for what happened and the other was to force changes at Florida State,” said Clune. “With this settlement, in conjunction with the OCR investigation, she’s done that.”

FSU had previously tried to have Kinsman’s lawsuit dismissed, but Judge Mark E. Walker ruled in August that it could go forward.

FSU had argued that an “appropriate person” was not aware of the harassment Kinsman alleged and could not take corrective action.

The school had previously admitted that senior associate athletics director Monk Bonasorte and football coach Jimbo Fisher were aware of the rape allegation in January 2013, a month after Kinsman first reported to police, but did not notify the Title IX coordinator or the Office of Student Rights and Responsibilities.

Before the lawsuit was settled, it was proceeding through discovery with both parties taking depositions and gathering evidence.

In a Sept. 22 deposition, which was obtained by USA TODAY Sports, Fisher said that he was not aware of FSU’s policy about sexual battery around the time the allegation against Winston was first reported to police and initially investigated.

In a deposition previously released to USA TODAY Sports, Tallahassee police detective Scott Angulo admitted to missteps and other investigative steps that could have been taken in the early days of the criminal investigation when Kinsman first deported in December 2012.

She alleged then that Winston raped her in his apartment after they had met at Potbelly’s, a bar near campus. The investigation sat dormant for nine months before state attorney Willie Meggs declined to file criminal charges in December 2013.

Winston was not found responsible of sexual misconduct following a FSU student conduct hearing in December 2014. He was the No. 1 pick in the NFL draft in April and is currently quarterback of the Tampa Bay Buccaneers.

Kinsman - who is set to graduate from another four-year university this spring - sued him in April, and Winston countersued. That case is pending in U.S. District Court for the Middle District of Florida.

[thaitopher 807]

Paid http://www.usatoday.com/story/sports/ncaaf/2016/01/25/florida-state-settles-title-ix-lawsuit-erica-kinsman-jameis-winston/79299304/

I have not read the whole thing

Florida State has settled a federal Title IX lawsuit with Erica Kinsman, a former student who said she was raped by quarterback Jameis Winston in 2012.

The settlement was announced on Monday, more than a year after she initially filed the complaint in federal court.

FSU agreed to pay Kinsman $950,000 – an amount that includes attorney’s fees – as well as make a five-year commitment to awareness, prevention and training programs. The lump sum is the largest settlement for Title IX claims regarding indifference to a student’s reported sexual assault.

“I will always be disappointed that I had to leave the school I dreamed of attending since I was little,” Kinsman said in a statement. “I am happy that FSU has committed to continue making changes in order to ensure a safer environment for all students.”

FSU did not admit to liability in the settlement, which university president John Thrasher said the school agreed to in order to avoid additional litigation expenses.

“We have an obligation to our students, their parents and Florida taxpayers to deal with this case, as we do all litigation, in a financially responsible manner,” Thrasher said in a statement. “With all the economic demands we face, at some point it doesn’t make sense to continue even though we are convinced we would have prevailed.”

The settlement does not affect an ongoing Title IX investigation by the Department of Education’s Office for Civil Rights. Kinsman filed a complaint with the agency in early 2014 and it opened an investigation in April of that year.

John Clune, one of Kinsman’s attorneys, said not withdrawing her OCR complaint was critical for Kinsman in agreeing to the settlement.

In her lawsuit, which was settled in U.S. District Court for the Northern District of Florida, Kinsman alleged that Florida State was “deliberately indifferent” to her reported sexual assault and that its response was “clearly unreasonable.” She asserted that FSU concealed and obstructed the investigation so as to allow Winston to play football.

Kinsman, who left FSU in November 2013 when the case became publicly known, argued that continued harassment denied her of her educational opportunities under Title IX.

As part of the settlement, FSU agreed to publish annual reports of its programs for the next five years.

In September 2014, FSU created the "kNOw MORE" campaign, seeking to educate students, faculty and staff about the meaning of consent, prevention, intervention and provide resources for sexual assault victims. The school has also hired a new Title IX coordinator, added six positions related to on-campus safety and published a Victims’ Rights and Resources handbook, among other initiatives.

“She had two goals in this case - one was to hold the university accountable for what happened and the other was to force changes at Florida State,” said Clune. “With this settlement, in conjunction with the OCR investigation, she’s done that.”

FSU had previously tried to have Kinsman’s lawsuit dismissed, but Judge Mark E. Walker ruled in August that it could go forward.

FSU had argued that an “appropriate person” was not aware of the harassment Kinsman alleged and could not take corrective action.

The school had previously admitted that senior associate athletics director Monk Bonasorte and football coach Jimbo Fisher were aware of the rape allegation in January 2013, a month after Kinsman first reported to police, but did not notify the Title IX coordinator or the Office of Student Rights and Responsibilities.

Before the lawsuit was settled, it was proceeding through discovery with both parties taking depositions and gathering evidence.

In a Sept. 22 deposition, which was obtained by USA TODAY Sports, Fisher said that he was not aware of FSU’s policy about sexual battery around the time the allegation against Winston was first reported to police and initially investigated.

In a deposition previously released to USA TODAY Sports, Tallahassee police detective Scott Angulo admitted to missteps and other investigative steps that could have been taken in the early days of the criminal investigation when Kinsman first deported in December 2012.

She alleged then that Winston raped her in his apartment after they had met at Potbelly’s, a bar near campus. The investigation sat dormant for nine months before state attorney Willie Meggs declined to file criminal charges in December 2013.

Winston was not found responsible of sexual misconduct following a FSU student conduct hearing in December 2014. He was the No. 1 pick in the NFL draft in April and is currently quarterback of the Tampa Bay Buccaneers.

Kinsman - who is set to graduate from another four-year university this spring - sued him in April, and Winston countersued. That case is pending in U.S. District Court for the Middle District of Florida.

As an attorney myself, I call BS that her attorneys get 3 times more than she does.

[alexava 6,998]

Paid http://www.usatoday.com/story/sports/ncaaf/2016/01/25/florida-state-settles-title-ix-lawsuit-erica-kinsman-jameis-winston/79299304/

I have not read the whole thing

Florida State has settled a federal Title IX lawsuit with Erica Kinsman, a former student who said she was raped by quarterback Jameis Winston in 2012.

The settlement was announced on Monday, more than a year after she initially filed the complaint in federal court.

FSU agreed to pay Kinsman $950,000 – an amount that includes attorney’s fees – as well as make a five-year commitment to awareness, prevention and training programs. The lump sum is the largest settlement for Title IX claims regarding indifference to a student’s reported sexual assault.

“I will always be disappointed that I had to leave the school I dreamed of attending since I was little,” Kinsman said in a statement. “I am happy that FSU has committed to continue making changes in order to ensure a safer environment for all students.”

FSU did not admit to liability in the settlement, which university president John Thrasher said the school agreed to in order to avoid additional litigation expenses.

“We have an obligation to our students, their parents and Florida taxpayers to deal with this case, as we do all litigation, in a financially responsible manner,” Thrasher said in a statement. “With all the economic demands we face, at some point it doesn’t make sense to continue even though we are convinced we would have prevailed.”

The settlement does not affect an ongoing Title IX investigation by the Department of Education’s Office for Civil Rights. Kinsman filed a complaint with the agency in early 2014 and it opened an investigation in April of that year.

John Clune, one of Kinsman’s attorneys, said not withdrawing her OCR complaint was critical for Kinsman in agreeing to the settlement.

In her lawsuit, which was settled in U.S. District Court for the Northern District of Florida, Kinsman alleged that Florida State was “deliberately indifferent” to her reported sexual assault and that its response was “clearly unreasonable.” She asserted that FSU concealed and obstructed the investigation so as to allow Winston to play football.

Kinsman, who left FSU in November 2013 when the case became publicly known, argued that continued harassment denied her of her educational opportunities under Title IX.

As part of the settlement, FSU agreed to publish annual reports of its programs for the next five years.

In September 2014, FSU created the "kNOw MORE" campaign, seeking to educate students, faculty and staff about the meaning of consent, prevention, intervention and provide resources for sexual assault victims. The school has also hired a new Title IX coordinator, added six positions related to on-campus safety and published a Victims’ Rights and Resources handbook, among other initiatives.

“She had two goals in this case - one was to hold the university accountable for what happened and the other was to force changes at Florida State,” said Clune. “With this settlement, in conjunction with the OCR investigation, she’s done that.”

FSU had previously tried to have Kinsman’s lawsuit dismissed, but Judge Mark E. Walker ruled in August that it could go forward.

FSU had argued that an “appropriate person” was not aware of the harassment Kinsman alleged and could not take corrective action.

The school had previously admitted that senior associate athletics director Monk Bonasorte and football coach Jimbo Fisher were aware of the rape allegation in January 2013, a month after Kinsman first reported to police, but did not notify the Title IX coordinator or the Office of Student Rights and Responsibilities.

Before the lawsuit was settled, it was proceeding through discovery with both parties taking depositions and gathering evidence.

In a Sept. 22 deposition, which was obtained by USA TODAY Sports, Fisher said that he was not aware of FSU’s policy about sexual battery around the time the allegation against Winston was first reported to police and initially investigated.

In a deposition previously released to USA TODAY Sports, Tallahassee police detective Scott Angulo admitted to missteps and other investigative steps that could have been taken in the early days of the criminal investigation when Kinsman first deported in December 2012.

She alleged then that Winston raped her in his apartment after they had met at Potbelly’s, a bar near campus. The investigation sat dormant for nine months before state attorney Willie Meggs declined to file criminal charges in December 2013.

Winston was not found responsible of sexual misconduct following a FSU student conduct hearing in December 2014. He was the No. 1 pick in the NFL draft in April and is currently quarterback of the Tampa Bay Buccaneers.

Kinsman - who is set to graduate from another four-year university this spring - sued him in April, and Winston countersued. That case is pending in U.S. District Court for the Middle District of Florida.

As an attorney myself, I call BS that her attorneys get 3 times more than she does.

not an attorney but agree.

[AU64 10,122]

Wow....it's hard to know what to say about a settlement like that....except wonder why FSU is settling / paying nearly a million.... and a young multi-millionaire who is the crux of the matter seems likely to walk free.

Do you think this is really the end of it?

[triangletiger 1,599]

Where did it say that the attorneys are getting 3 times as much as the plaintiff?

[triangletiger 1,599]

This is just the suit against FSU for their poor handling of here accusation. There's another civil suit against Winston (who is counter-suing the alleged victim). I wouldn't be surprised if she sues the Tallahassee PD and the State Attorney's office, as well.

[alexava 6,998]

This is just the suit against FSU for their poor handling of here accusation. There's another civil suit against Winston (who is counter-suing the alleged victim). I wouldn't be surprised if she sues the Tallahassee PD and the State Attorney's office, as well.

is that possible?

[triangletiger 1,599]

Sure - it's not unusual for government entities to get sued.

[alexava 6,998]

Sure - it's not unusual for government entities to get sued.

proving they caused pain and suffering would be next to impossible. even though they may have.

[triangletiger 1,599]

I think it would have to fall under something like negligence. There is a legal privilege known as 'sovereign immunity' that protects governments from being sued, but there are exceptions to sovereign immunity which allow governments to be sued in certain circumstances (like cases of discrimination). I'm no lawyer, so I don't know much more about it, but maybe thaitopher or one of the other attorneys on here could elaborate.

[AU64 10,122]

I think it would have to fall under something like negligence. There is a legal privilege known as 'sovereign immunity' that protects governments from being sued, but there are exceptions to sovereign immunity which allow governments to be sued in certain circumstances (like cases of discrimination). I'm no lawyer, so I don't know much more about it, but maybe thaitopher or one of the other attorneys on here could elaborate.

Seems that a case like this would involve one or more specific people who mishandled the case. Nobody lost their job....yet?

I recall that PSU had to get rid of several people. Wonder if FSU is covering for some of their top Admin people....or if the other shoe(s) are yet to drop? This sounds way to simple to me for to think that this will be the end of it.

[auburn4ever 1,266]

Sure, now FSU pays up. By doing this, they (Free Shoes) telling everyone Winston did what he should have been doing hard time for. But since he's gone, they see no reason to keep covering it up.

[GTNupe11 2,661]

Sure, now FSU pays up. By doing this, they (Free Shoes) telling everyone Winston did what he should have been doing hard time for. But since he's gone, they see no reason to keep covering it up.

Yeah, sorry, but it doesn't work that way. You sound like the type of person who would sit on a jury and argue someone is guilty just because they're a defendant...

[AuburnEagle79 2,300]

This whole situation is really something else. I wouldn't want to be the judge or jury dealing with it.

[thaitopher 807]

I think it would have to fall under something like negligence. There is a legal privilege known as 'sovereign immunity' that protects governments from being sued, but there are exceptions to sovereign immunity which allow governments to be sued in certain circumstances (like cases of discrimination). I'm no lawyer, so I don't know much more about it, but maybe thaitopher or one of the other attorneys on here could elaborate.

Soverign immunity still exists in theory, but most states have waived it.

[thaitopher 807]

This is just the suit against FSU for their poor handling of here accusation. There's another civil suit against Winston (who is counter-suing the alleged victim). I wouldn't be surprised if she sues the Tallahassee PD and the State Attorney's office, as well.

Correct, I haven't been following this but I think FSU's liability stems from its handling of the investigation.

[thaitopher 807]

Where did it say that the attorneys are getting 3 times as much as the plaintiff?

The numbers were broken down in another article I read. Victim gets about $250k,mattorneys get rest

[thaitopher 807]

This is just the suit against FSU for their poor handling of here accusation. There's another civil suit against Winston (who is counter-suing the alleged victim). I wouldn't be surprised if she sues the Tallahassee PD and the State Attorney's office, as well.

is that possible?

No. Not gonna happen. DAs offices and PDs aren't liable for their investigations. Florida State's liability stems from Title IX.

[AU64 10,122]

Where did it say that the attorneys are getting 3 times as much as the plaintiff?

The numbers were broken down in another article I read. Victim gets about $250k,mattorneys get rest

So..does anyone at FSU have to go.? How can they agree to pay...and nobody is held personally accountable. ?

[thaitopher 807]

Where did it say that the attorneys are getting 3 times as much as the plaintiff?

The numbers were broken down in another article I read. Victim gets about $250k,mattorneys get rest

So..does anyone at FSU have to go.? How can they agree to pay...and nobody is held personally accountable. ?

I guess it depends how high the problem goes, and who was responsible. I am sure the settlement agreement doesn't require FSU to fire anyone. They will have to make that call on their own.

[AU64 10,122]

Where did it say that the attorneys are getting 3 times as much as the plaintiff?

The numbers were broken down in another article I read. Victim gets about $250k,mattorneys get rest

So..does anyone at FSU have to go.? How can they agree to pay...and nobody is held personally accountable. ?

I guess it depends how high the problem goes, and who was responsible. I am sure the settlement agreement doesn't require FSU to fire anyone. They will have to make that call on their own.

True, the lawyer probably does not care how FSU handles things internally, I was just thinking that when the school writes that check, someone in the FSU hierarchy might have to answer question to their Board of Trustees.....legislature...or do they have a private source for the money?

Oh well, not our problem....but still....it's curious how FSU has been able to protect the Athletic Department which likely had some role in helping protect JW when young woman first made her charges.

[thaitopher 807]

Where did it say that the attorneys are getting 3 times as much as the plaintiff?

The numbers were broken down in another article I read. Victim gets about $250k,mattorneys get rest

So..does anyone at FSU have to go.? How can they agree to pay...and nobody is held personally accountable. ?

I guess it depends how high the problem goes, and who was responsible. I am sure the settlement agreement doesn't require FSU to fire anyone. They will have to make that call on their own.

True, the lawyer probably does not care how FSU handles things internally, I was just thinking that when the school writes that check, someone in the FSU hierarchy might have to answer question to their Board of Trustees.....legislature...or do they have a private source for the money?

Oh well, not our problem....but still....it's curious how FSU has been able to protect the Athletic Department which likely had some role in helping protect JW when young woman first made her charges.

You would really hope that the trustees would be wanting to right the ship and conduct a thorough investigation into what happened.

[AU64 10,122]

Where did it say that the attorneys are getting 3 times as much as the plaintiff?

The numbers were broken down in another article I read. Victim gets about $250k,mattorneys get rest

So..does anyone at FSU have to go.? How can they agree to pay...and nobody is held personally accountable. ?

I guess it depends how high the problem goes, and who was responsible. I am sure the settlement agreement doesn't require FSU to fire anyone. They will have to make that call on their own.

True, the lawyer probably does not care how FSU handles things internally, I was just thinking that when the school writes that check, someone in the FSU hierarchy might have to answer question to their Board of Trustees.....legislature...or do they have a private source for the money?

Oh well, not our problem....but still....it's curious how FSU has been able to protect the Athletic Department which likely had some role in helping protect JW when young woman first made her charges.

You would really hope that the trustees would be wanting to right the ship and conduct a thorough investigation into what happened.

Yep but my observation for quite a while now is than in huge government bureaucracies, the first instinct is to cover up misdeeds and protect the "evil-doers" if they are part of the family. Probably nobody in the FSU family has an interest in making this look any worse than it already is.

[thaitopher 807]

Where did it say that the attorneys are getting 3 times as much as the plaintiff?

The numbers were broken down in another article I read. Victim gets about $250k,mattorneys get rest

So..does anyone at FSU have to go.? How can they agree to pay...and nobody is held personally accountable. ?

I guess it depends how high the problem goes, and who was responsible. I am sure the settlement agreement doesn't require FSU to fire anyone. They will have to make that call on their own.

True, the lawyer probably does not care how FSU handles things internally, I was just thinking that when the school writes that check, someone in the FSU hierarchy might have to answer question to their Board of Trustees.....legislature...or do they have a private source for the money?

Oh well, not our problem....but still....it's curious how FSU has been able to protect the Athletic Department which likely had some role in helping protect JW when young woman first made her charges.

You would really hope that the trustees would be wanting to right the ship and conduct a thorough investigation into what happened.

Yep but my observation for quite a while now is than in huge government bureaucracies, the first instinct is to cover up misdeeds and protect the "evil-doers" if they are part of the family. Probably nobody in the FSU family has an interest in making this look any worse than it already is.

Agree, the right decision rarely plays a role on college football. I think the Florida State people just want all of this to go away. You have already seen this incident negatively impact the school - they have had quite a few decommitments over the past year. Nate C raig Meyers was strongly interested in them at one point in time, but he has backed off since then. The best way to get the recruits back on board again is to make it go away as fast as possible.

[AU-24 3,180]

She agreed to drop the title IX suit, when FSU agreed to pay out the $$$$.

So it would appear, FSU is off-the-hook for less than a cool million dollars. Pretty good deal for them!