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Justice served? Florida State Univ. settles Title IX lawsuit with Jameis Winston rape accuser; Kimberly Archie joins Tamara Holder on Sports Court

Posted On: January 26, 2016 | By Tamara N. Holder

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Florida State University just settled a Title IX lawsuit for 950,000 – $700 to the attorneys and $250,000 to the victim – filed against it by former student, Erica Kinsman, who accused their former 2016-1-26-tamara holder-jameis winston-rape-lawsuitstar quarterback Jameis Winston of rape back in 2012. The Heisman Winner, who’s now with the Tampa Bay Bucs – was never criminally charged, and was cleared of wrongdoing following a conduct hearing where he submitted a statement that the encounter was consensual. Kinsman has also filed a separate lawsuit against Winston that is still pending. Legal consultant Kimberly Archie joins Fox News’ Tamara Holder on “Sports Court” with the latest:

More on the case:
Winston’s statement to FSU’s conduct committee said, in part, according to ESPN:

“The five-page written document addresses his side of the story about the night of Dec. 7, 2012, when it has been alleged he raped a woman in his apartment after partying at a Tallahassee nightclub named Potbelly’s. Winston, as he and his attorneys have said all along, denied a sexual assault took place and said the night was consensual. A section of the statement reads: ‘I did not rape or sexually assault [the accuser]. I did not create a hostile, intimidating or offensive environment in the short period of time that we were together. [The accuser] had the capacity to consent to having sex with me and she repeatedly did so by her conduct and her verbal expressions. I never used physical violence, threats, or other coercive means towards [the accuser]. Finally, I never endangered [the accuser’s] health, safety, or well-being.’ The statement describes in detail how Winston remembers the night, which includes how the two first got to know each other (on the dance floor at Potbelly’s) and how they ended up at Winston’s apartment. Winston says he and his friends, teammates Chris Casher and Ron Darby, were readying to leave by themselves when the accuser came out and insisted she go with them. Winston then described what he says was a consensual sexual encounter in his bedroom, which was interrupted briefly when Casher entered Winston’s bedroom. Winston said the accuser got up to close the door, but that it wouldn’t latch. After a while, the two left the apartment together, Winston says, so he could take the accuser home on his scooter. Winston denies anything untoward occurred, and maintains that he believes the accuser was in a fully aware state of mind.”

After the hearing, the accuser’s lawyer John Clune told ESPN “We want him to be found responsible and want him to be expelled from school. I think knowing the facts of the case and what has been presented, I think there is a very, very good chance of that happening.”

The Title IX lawsuit alleged, in part:

“Had FSU . . . instead complied with its own policies and federal law by promptly investigating plaintiff’s rape and sanctioning Winston while protecting plaintiff’s safety, Winston would have been removed as a threat to plaintiff long before ever suiting up to play football in a Seminoles jersey, and plaintiff would be on campus progressing toward an FSU degree,” the complaint stated. “Instead, plaintiff was forced to leave campus while Winston remains, having suffered no consequences.”

The settlement dust hasn’t settled…now Kinsman’s lawyer’s have accused FSU of over-stating the amount of Attorney’s Fees…“The lawyers are not taking anywhere close to $700,000, and FSU knows that,” said Clune. “Just more of the same PR effort from FSU, unfortunately.”

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