Jameis Winston (QB Browns)

[CookyPuss]

Something I haven't seen mentioned that jumped out to me because I edited a law review article on the topic last year, FSU could potentially face a Title IX depending on how it has responded to the notice of the allegation. I verified through a news article that the accuser is a student at FSU. The article said she has left campus recently due to the attention, so the Title IX issue is a concern. Once the school was notified, I believe it had certain obligations. Here are a few quotes from the article I helped edit:

In April of 2011, the U.S. Department of Education's Office for Civil Rights (“OCR”) issued a “Dear Colleague letter (“the Letter”) to all institutions under its purview, addressing sexual violence in educational programs and activities.3 The Letter is OCR's first publication focusing primarily on instances of student-against-student rape and sexual assault in school settings; among other innovations, it lays out specific procedures educators must now follow in investigating and resolving these claims.4

First, while the Supreme Court and OCR have previously held that schools have no obligation to investigate or respond to *61 harassment that takes place off-campus and outside of an educational program or activity,53 page four of the Letter now states “If a student files a complaint with the school, regardless of where the conduct occurred, the school must process the complaint in accordance with its established procedures" and “[t]he school also should take steps to protect a student who was assaulted off campus from further sexual harassment or retaliation from the perpetrator and his or her associates" (emphasis added).

Stephen Henrick, A Hostile Environment for Student Defendants: Title IX and Sexual Assault on College Campuses, 40 N. Ky. L. Rev. 49 (2013)

The full article is interesting because it takes the perspective of protecting the rights of the accused and can be found here if you are interested: http://chaselaw.nku.edu/content/dam/chaselaw/docs/academics/lawreview/v40/nklr_v40n1.pdf

The Letter itself seams to place affirmative burden on the school to investigate an accusation once it is made aware of it.

The guidance letter can be found here: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html (page 4 explains the obligation to investigate off-campus incidents).

 

[Oh8ch]

“If a student files a complaint with the school,regardless of where the conduct occurred, the school must process the complaint in accordance with its established procedures" and “[t]he school also should take steps to protect a student who was assaulted off campus from further sexual harassment or retaliation from the perpetrator and his or her associates" (emphasis added).

Has she filed a complaint with the school? That would be different than the school being aware of a complaint filed elsewhere.

 

[kujirakira]

If the PD has notified FSU PD, would that count ?

I'm very skeptical of the ability for the criminal case to move forward due to how it's been botched by the PD giving Defense a huge advantage... but it seems there are at least very solid grounds to pursue a Civil case against several actors who have not fulfilled their obligations and acted in bad faith.

 

[CookyPuss]

Has she filed a complaint with the school? That would be different than the school being aware of a complaint filed elsewhere.

There is more in the letter, but it is PDF that doesn't easily cut and paste (puts each word on a new line). But, yes, the letter seems to indicate that it has an obligation even if no complaint was filed. I mainly bring this up because FSU could face some issues if it was notified but ignored it.

Also, if she has left campus because she was being harassed in any way, you can bet your butt she's filed a complaint.

 

[kujirakira]

 

[ORD_Buckeye]

If the PD has notified FSU PD, would that count ?

I'm very skeptical of the ability for the criminal case to move forward due to how it's been botched by the PD giving Defense a huge advantage... but it seems there are at least very solid grounds to pursue a Civil case against several actors who have not fulfilled their obligations and acted in bad faith.

Have we overlooked the obvious. Could this be a simple case of not wanting to ruin anyone's weekend?

 

[BUCKYLE]

Have we overlooked the obvious. Could this be a simple case of not wanting to ruin anyone's weekend?

Well, one thing's for sure. FSU won't be hiring a former FBI chief to snoop around. I mean, if some DC suit come pokin' his nose where it don't belong, things could might not end well fa' him inis kin.

 

[Jaxbuck]

Well, one thing's for sure. FSU won't be hiring a former FBI chief to snoop around. I mean, if some DC suit come pokin' his nose where it don't belong, things could might not end well fa' him inis kin.

 

[DZ83CK]

We have an intern here who goes to FSU. Sounds like Jameis is going to be cleared soon. What he relayed to me sounds a lot like the Hyde situation, where what was reported to the police by the victim is a highly exaggerated version of what really went down, and may border on filing a false report.

We will see what the overall outcome is, but the general consensus is that he will be cleared of any charges sooner than later.

I don't think you should compare this to the Hyde case like that. Assault can vary widely - as we saw, a swipe where it is unclear on a video if there is any contact at all could be an alleged assault, and might indeed be assault if contact is made. Punching someone in the face and knocking them unconscious - also assault but very different. But rape with the alleged perpetrator's DNA in the underwear? I don't see nearly as much potential variation of what could be alleged there. I'm not familiar with bars down in Florida, but I suspect even there it is difficult to waltz into a bar and get your DNA in someone's underwear in a nanosecond and be accused of rape as a result. Yes, there is some variation in sexual assault, which we might not totally understand unless and until charges are filed, but either way some part of Winston was inside her underwear. Anything he did in her underwear, without her consent, should land him on suspension. And the accuser has maintained a desire to file charges almost a year from the incident, whereas the Hyde accuser dropped the charges in maybe a month.

Now, the separate issue that you raise is whether she is lying. But that is an issue for a jury to decide.

 

[Buckeyeskickbuttocks]

well if a puppy is going to rape you it will do it while its young

Better check your hole card

 

[Buckeyeskickbuttocks]

I don't think you should compare this to the Hyde case like that. Assault can vary widely - as we saw, a swipe where it is unclear on a video if there is any contact at all could be an alleged assault, and might indeed be assault if contact is made. Punching someone in the face and knocking them unconscious - also assault but very different. But rape with the alleged perpetrator's DNA in the underwear? I don't see nearly as much potential variation of what could be alleged there. I'm not familiar with bars down in Florida, but I suspect even there it is difficult to waltz into a bar and get your DNA in someone's underwear in a nanosecond and be accused of rape as a result. Yes, there is some variation in sexual assault, which we might not totally understand unless and until charges are filed, but either way some part of Winston was inside her underwear. Anything he did in her underwear, without her consent, should land him on suspension. And the accuser has maintained a desire to file charges almost a year from the incident, whereas the Hyde accuser dropped the charges in maybe a month.

Now, the separate issue that you raise is whether she is lying. But that is an issue for a jury to decide.

Just to clarify, taking a swipe at someone is an assault. Assault is essentially the threat of harmful physical contact.
Punching someone in the face and knocking them unconscious is not an assault. It is a battery. Battery is unlawful physical contact.

These idiots walking around knocking people out... they are committing a battery without an assault.

 

[ScriptOhio]

DZ At FSU Receiving Harassment, Possibly Bomb Threats In Wake Of Jameis Winston Investigation

We were tipped off this morning that the alleged victim in the Jameis Winston sexual assault case is, or was, a member of Delta Zeta at Florida State University. Our tipster also informed us that members of DZ were facing egregious harassment from locals, obviously FSU football fans, who are none too pleased that their Heisman front running quarterback finds himself on the wrong side of national headlines, and in the midst of a national title run no less. Compulsive and irrational blame needs a home, and proverbial pitchforks are out.

Read more at http://totalfratmove.com/dz-at-fsu-...eis-winton-investigation/#OqsdLjMu58FLwlKP.99

 

[ORD_Buckeye]

DZ At FSU Receiving Harassment, Possibly Bomb Threats In Wake Of Jameis Winston Investigation

We were tipped off this morning that the alleged victim in the Jameis Winston sexual assault case is, or was, a member of Delta Zeta at Florida State University. Our tipster also informed us that members of DZ were facing egregious harassment from locals, obviously FSU football fans, who are none too pleased that their Heisman front running quarterback finds himself on the wrong side of national headlines, and in the midst of a national title run no less. Compulsive and irrational blame needs a home, and proverbial pitchforks are out.

Read more at http://totalfratmove.com/dz-at-fsu-...eis-winton-investigation/#OqsdLjMu58FLwlKP.99

How the hell did these people ever miss out on getting into the SEC?

 

[Poe McKnoe]

Have we overlooked the obvious. Could this be a simple case of not wanting to ruin anyone's weekend?

That's a whole lot of weekends.

 

[Jaxbuck]

How the hell did these people ever miss out on getting into the SEC?

It was the Florida State College for Women until 1947

They then went and let some "uppity negro" on the football team in 1962

Two pretty significant marks against them in the early SEC selection process i would think. Their recent body of work does indeed scream for inclusion.