The wheels of justice in Tallahassee spin at varying rates of speed as it coincides with the foosball schedule
No kidding....
Judge denies FSU motion to dismiss suit brought by Winston accuser
Florida State’s motion to have a Title IX lawsuit brought against the university dismissed has been denied, multiple media outlets are reporting.
U.S. District Court Judge Mark E. Walker rejected FSU’s argument that the case should be dismissed, stating in his decision that, when “[v]iewed in the light most favorable to” the plaintiff, Erica Kinsman, the university’s “deliberate indifference” to rape allegations led to the accuser being unable to pursue her educational opportunities — she was a student at FSU at the time of the alleged sexual assault — and thus may have been denied the rights afforded her under Title IX.
“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, by way of
USA Today. “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.”
The university, obviously, has argued that their response to Kinsman’s accusations were neither clearly unreasonable nor deliberately indifferent, stating that they had immediately offered the accuser, among other services, a victim advocate to help her through the process. Kinsman has claimed that no one at FSU offered her safety precautions as she was being harassed while still on campus.
The lawsuit is set to go to trial in July of 2016.
Entire article:
http://collegefootballtalk.nbcsport...n-to-dismiss-suit-brought-by-winston-accuser/