TALLAHASSEE, FL (WTXL) - A federal judge has denied Florida State University's request to dismiss a Title IX lawsuit, brought on by Erica Kinsman, the woman who accused former quarterback Jameis Winston of rape in December 2012.
Title IX is a law that prohibits discrimination on the basis of sex, in schools that receive federal funding.
The judge says he could not dismiss FSU's case because some of the facts in the complaint show the university responded with diligence to the accusations. The court says they do not resolve factual disputes on a motion to dismiss.
The lawsuit claims the university failed to investigate properly or respond to the alleged assault and therefore claiming her educational benefits were denied. Florida State University released a statement today, saying services were offered to Kinsman:
“It is always difficult to prevail on a motion to dismiss filed at the earliest stages of a case. We are encouraged after reading the order that once the evidence is fully known, the steadfast assistance given to Ms. Kinsman by the FSU Victim Advocate and our adherence to her wishes all along will cause the University to ultimately prevail.”
Kinsman states three forms of discrimination in the complaint: harassment caused by the former student having to be on campus with Winston, harassment from third parties through social media, and harassment in not being able to return to the school. For each of these categories, according to the lawsuit, the university claims the complaint fails to meet one or more of the four criteria for a Title IX claim.
FSU says they are not liable for the first form of discrimination. According to court documents, the university claims no "appropriate person" knew about Kinsman's allegation until November 2013.
The university also says they provided Kinsman with a victim advocate and explained how to change a class she had with Winston.
The judge denied these reasons, meaning the lawsuit still exists.
