Florida State agrees to pay Winston accuser $950,000 to settle suit

[Bridges]

I see Rattlgator has his tinfoil hat and orange and blue glasses on.  I'd say a good reason for deleting that video would be that it is illegal to film in the first place.  A much less conspiracy theory would be that Casher knew it was illegal and deleted it to not get in trouble for that.  Or even his friend asking to delete it because sex videos are embarrassing.  But you're conspiracy means that he actually video recorded a rape and kept a rape video on his phone for months until he had to be told by an attorney that having a video of rape on your phone is not a good thing.  Of course by then it would be weird to tell the cops, "yeah, I had a video of a rape, and it was on my phone for a long time.  Then an attorney told me having a video of a rape on my phone isn't a great idea."  Why even mention the video? 

Then lets talk about the code of conduct hearing overseen by a retired Florida Supreme Court judge selected by Kinsman attorneys.  They requested a judge hearing because they couldn't trust the student jury.  We would all "finally see the truth".  That case didn't even have to prove Winston raped her, only that he put her in a threatening position...of course that again backfired again. 

At every level, and with lower burdens of proof, there is nothing.  This rape didn't happen.

Now, if you want to draw issue with FSU handling of the Title IX case, then I could see that.  But that isn't unique to FSU.  There are several other Title IX cases going on against large universities.  Title IX has been an entirely new navigation for Universities.  As the lawsuits start piling up, most universities are finding that they are throwing money at title ix administrations because they don't know what else to do. 

[Bridges]

I think the boy has a touch of Asberger's and has a hard time with social boundaries.

I see that we also have our internet psychologist hat on too. 

[funwithteeth]

I'm sorry your offended.

Cool non-apology. As Stephen illustrated, your entire argument could have been made without resorting to showing your misogyny* re: sexually active women. Plus, "If evidence supported that then Winston would be in Jail" would require believing that college atheletes do not routinely get away with criminal behavior. I realize that's a difficult concept for most college football fans to comprehend, however. I'm sure it's easier for you to think the Tallahassee police department's bungling of this was an exception, not a rule.

*Stephen refrained from calling your comment misogynist, but that's what it is. You should think about what it says about you that you used that word.

[JeffreyS]

I find it perfectly believable RG that the attorney told Casher to delete the video, that he thought he might get in trouble for the video and deleted it or that he filmed it in a drunken moment and just deleted it when sober. I don't know so I won't state one as fact. 

[spuwho]

Fair enough.

Lost my "cherry" to a Baptist preachers daughter when I was 15 (she was older).

And she was definitely the one in charge.

TMI Alert.

[Tacachale]

FSU's problem is that the only ones who don't see this whole deal as a major problem are the blinkered FSU diehards, particularly those who care more about the football program than the actual school. Well, them and the kind of people who call women "sluts" in general.

Despite the claims of people willing to say for fact that the rape did or did not occur, we'll never really know what happened. The reason for that is a thoroughly botched police investigation and obstruction from FSU at various levels. Regardless of the truth of the allegations, the subsequent behavior was inexcusable. The case makes FSU look like a place that circles its wagons to protect athletes even from the most serious of allegations, and makes Tallahassee look like a Podunk Holler that cares more about not embarrassing the football gravy train than investigating an alleged rape.

It's unfortunate, really, as this behavior is certainly not representative of the institution or Seminoles community in general, but such actions, and now the payout, solidifies the image that a lot of people have already.

[FlaBoy]

I think her case is relatively strong on a preponderance of the evidence standard in civil. She has a rape kit from that night with his seaman in there. SAO didn't feel like it could meet the standard of beyond a reasonable doubt necessary for a conviction due to the shoddy police work done by TPD. If she can provide decent circumstantial evidence, she can get a jury of her peers in the Tampa area to find for her. It may not be what she asks for, but there are some damages that will be available.

FSU just wanted to settle this so they didn't have to go through discovery. That would have been an awful mess for them.

[Bridges]

FSU's problem is that the only ones who don't see this whole deal as a major problem are the blinkered FSU diehards, particularly those who care more about the football program than the actual school. Well, them and the kind of people who call women "sluts" in general.

Despite the claims of people willing to say for fact that the rape did or did not occur, we'll never really know what happened. The reason for that is a thoroughly botched police investigation and obstruction from FSU at various levels. Regardless of the truth of the allegations, the subsequent behavior was inexcusable. The case makes FSU look like a place that circles its wagons to protect athletes even from the most serious of allegations, and makes Tallahassee look like a Podunk Holler that cares more about not embarrassing the football gravy train than investigating an alleged rape.

It's unfortunate, really, as this behavior is certainly not representative of the institution or Seminoles community in general, but such actions, and now the payout, solidifies the image that a lot of people have already.

You can merge the FSU handling of the Title IX case and the actual allegation all you want.  Truth is that Title IX lawsuits are going on around the country at an ever increasing rate because Universities were (are still) not equipped to handle them.  The broad strokes of Title IX have left universities scrambling to throw money at the situation in the form of bloated administration handling, and even then they aren't "getting it right".   Now, I'm sure all the other Universities being sued under Title IX are trying to protect players too.

I think her case is relatively strong on a preponderance of the evidence standard in civil. She has a rape kit from that night with his seaman in there. SAO didn't feel like it could meet the standard of beyond a reasonable doubt necessary for a conviction due to the shoddy police work done by TPD. If she can provide decent circumstantial evidence, she can get a jury of her peers in the Tampa area to find for her. It may not be what she asks for, but there are some damages that will be available.

FSU just wanted to settle this so they didn't have to go through discovery. That would have been an awful mess for them.

You know consensual sex would also lead to his DNA being in the kit right?  And she already lost in a hearing where only preponderance of evidence that she was even in a hostile environment wasn't found.  All she needed was circumstantial evidence, but even then nothing. 

And if you think FSU was in the rush to settle this cause of discovery, I'd say the payout was way lower than Kinsman was looking for...weird that she was set to be deposed the day after the settlement.  So many stories for her to choose from. 

[JeffreyS]

I think her case is relatively strong on a preponderance of the evidence standard in civil. She has a rape kit from that night with his seaman in there. SAO didn't feel like it could meet the standard of beyond a reasonable doubt necessary for a conviction due to the shoddy police work done by TPD. If she can provide decent circumstantial evidence, she can get a jury of her peers in the Tampa area to find for her. It may not be what she asks for, but there are some damages that will be available.

FSU just wanted to settle this so they didn't have to go through discovery. That would have been an awful mess for them.

Never presume the facts for either side from a settlement. I worked in the legal industry for a while heres the way it works. The lawyers do not settle early so they can run up fees then they settle so the lawyers for both sides can declare victory to their clients. 

btw there literally was a hearing based on just preponderance of evidence and the accuser lost. You may want to lose that line when talking about the case.

[Tacachale]

FSU's problem is that the only ones who don't see this whole deal as a major problem are the blinkered FSU diehards, particularly those who care more about the football program than the actual school. Well, them and the kind of people who call women "sluts" in general.

Despite the claims of people willing to say for fact that the rape did or did not occur, we'll never really know what happened. The reason for that is a thoroughly botched police investigation and obstruction from FSU at various levels. Regardless of the truth of the allegations, the subsequent behavior was inexcusable. The case makes FSU look like a place that circles its wagons to protect athletes even from the most serious of allegations, and makes Tallahassee look like a Podunk Holler that cares more about not embarrassing the football gravy train than investigating an alleged rape.

It's unfortunate, really, as this behavior is certainly not representative of the institution or Seminoles community in general, but such actions, and now the payout, solidifies the image that a lot of people have already.

You can merge the FSU handling of the Title IX case and the actual allegation all you want.  Truth is that Title IX lawsuits are going on around the country at an ever increasing rate because Universities were (are still) not equipped to handle them.  The broad strokes of Title IX have left universities scrambling to throw money at the situation in the form of bloated administration handling, and even then they aren't "getting it right".   Now, I'm sure all the other Universities being sued under Title IX are trying to protect players too.

I'm not talking about just the handling of the Title IX suit. I'm talking about the actions of FSU officials that led to the suit - officials obstructing the (admittedly halfassed) police investigation and then basically burying their own investigation until it was far too late for anything to be done. Yes, other big football schools are as bad as FSU, but that's a terrible excuse.

[spuwho]

A long time ago, in a galaxy far far away, I was a university police officer engaged in a campus rape situation and investigation.

Fortunately, it did not involve an athlete, so it didnt get the magnification that the athletic program brings to ANY student criminal case. The victim did not have to deal with the incredible levels of scrutiny.

Unfortunately, the university administration was incredibly ill prepared to deal with the situation. I cant even tell you how badly the whole thing was bungled. From the lowest of staff all the way to the President.

It really came down to preparation and planning. Because the school administration was more focused on prevention and loss of reputation, the way it was handled was just one step of baffoonery after another.

If schools stop thinking "it should never happen" to "it will happen and we have to have a plan" the baffoonery would never happen to begin with.

Because of the baffoonery, the perp was never caught, the victim never got proper counsel and while she said she was OK, she wasnt and dropped out of school in less than 3 months.

Fortunately since then I have been exposed to a public university who did have their act together, had a specific plan in place and followed it. Because of it, the victim was saved and is still in school, the perp was punished significantly and the school came out looking like a rose without having to make mega payouts, simply because they did the right thing to begin with.

Campus rape and assault is already a difficult situation for schools to deal with. Add the athletic amplifier along with administration inadequacy, you end up with situations like the one being discussed.

[Tacachale]

^Well put.

[FlaBoy]

FSU's problem is that the only ones who don't see this whole deal as a major problem are the blinkered FSU diehards, particularly those who care more about the football program than the actual school. Well, them and the kind of people who call women "sluts" in general.

Despite the claims of people willing to say for fact that the rape did or did not occur, we'll never really know what happened. The reason for that is a thoroughly botched police investigation and obstruction from FSU at various levels. Regardless of the truth of the allegations, the subsequent behavior was inexcusable. The case makes FSU look like a place that circles its wagons to protect athletes even from the most serious of allegations, and makes Tallahassee look like a Podunk Holler that cares more about not embarrassing the football gravy train than investigating an alleged rape.

It's unfortunate, really, as this behavior is certainly not representative of the institution or Seminoles community in general, but such actions, and now the payout, solidifies the image that a lot of people have already.

You can merge the FSU handling of the Title IX case and the actual allegation all you want.  Truth is that Title IX lawsuits are going on around the country at an ever increasing rate because Universities were (are still) not equipped to handle them.  The broad strokes of Title IX have left universities scrambling to throw money at the situation in the form of bloated administration handling, and even then they aren't "getting it right".   Now, I'm sure all the other Universities being sued under Title IX are trying to protect players too.

I think her case is relatively strong on a preponderance of the evidence standard in civil. She has a rape kit from that night with his seaman in there. SAO didn't feel like it could meet the standard of beyond a reasonable doubt necessary for a conviction due to the shoddy police work done by TPD. If she can provide decent circumstantial evidence, she can get a jury of her peers in the Tampa area to find for her. It may not be what she asks for, but there are some damages that will be available.

FSU just wanted to settle this so they didn't have to go through discovery. That would have been an awful mess for them.

You know consensual sex would also lead to his DNA being in the kit right?  And she already lost in a hearing where only preponderance of evidence that she was even in a hostile environment wasn't found.  All she needed was circumstantial evidence, but even then nothing. 

And if you think FSU was in the rush to settle this cause of discovery, I'd say the payout was way lower than Kinsman was looking for...weird that she was set to be deposed the day after the settlement.  So many stories for her to choose from.

Very interesting to see FSU sympathizers attack possible rape victims. In the end, you would have to think this 18 year old girl born and raised in Zephyrhills, FL, would have to be diabolical to have intercourse with Jameis Winston and then go to the police hours later and actually receive a rape kit. They found markings that were consistent in the doctor's report with rape (could be very rough/violent sex).

When you are talking about a preponderance hearing are you referring to the Student Code of Conduct Hearing?

Likewise, if you have ever known someone who was raped or injured in a way that caused PTSD, depositions are very tough, especially in a situation like this. If I were her, I would not want to get bullied by Winston's attorney. I am an attorney and have seen it many times. I also have family who has suffered injuries from the foolishness of an out of control kid. I know she struggles to talk about the matter at all and even suffers from memory loss in the situation. It is hard and scary for victims.

[JeffreyS]

Flaboy you are going to need to put a link to the claim of markings consistent with rape on the accuser.

Seems contrary to most of the reports on the med exam findings.

You may be right in that case it will be easy to link.

[MusicMan]

This particular case has received more scrutiny than any other like it in recent memory.  All of the authorities charged with reviewing this case have arrived at the same conclusion.

When a jury in Tamp finds the same thing that will still not be enough for the people on here who assume guilt first.

Slut is a term that is applied to both sexes.

FWT, you don't know me so I suggest until you do you delete your idiotic remarks.


http://www.foxsports.com/college-football/story/full-copy-of-jameis-winston-hearing-decision-122114