FSU Denied Dismiss Motion in Title IX Lawsuit Involving Winston

On Wednesday, a federal judge denied a motion to dismiss by Florida State University in the Title IX lawsuit that a former FSU student filed. The former student accused Jameis Winston the former Seminoles quarterback of raping her in 2012.

In the ruling released Wednesday morning the Judge Mark Walker ruled he could not resolve this case on a dismiss motion. The case has been scheduled to start in July of 2016.

The women, Erica Kinsman, has also filed a civil lawsuit in federal court against Winston, who in this past NFL draft was taken No. 1 overall by the Tampa Bay Buccaneers.

The lawsuit by Kinsman against FSU alleges there was deliberate indifference by officials at the school in response to the alleged assault by Winston.

Winston, who was the winner that season of the Heisman Trophy and led the Seminoles in 2013 to a National Championship, was not interviewed by police in Tallahassee or by the office of the state’s attorney.

Willie Meggs the state attorney decided to not pursue any criminal charges against the then FSU quarterback after he received the case in December of 2013.

In a hearing of the student conduct code at FSU, Winston was found not responsible for assaulting Kinsman.

Winston filed a countersuit against the woman, in which he denied the woman’s allegations of sexual battery, rape, false imprisonment, assault and infliction of intentional emotional distress.

In an unrelated case, the battery trial of Dalvin Cook a running back for Florida State will start August 24, after a request to have the date moved up was approved.

Cook was charged on July 11 with misdemeanor battery after he allegedly punched a woman several times in the face in an altercation in June outside a bar. Cook was suspended indefinitely by FSU following the charge.

Cook maintains he is innocent and jury selection will begin on August 21. Cook did not attend the hearing on Wednesday as he was preparing for his own school conduct code hearing.

Team pictures were taken this week and one was taken with Cook and one without him. The team’s season opener is September 7 and the original trial date was September 2.

The alleged altercation occurred the night prior to De’Andre Johnson the former FSU quarterback punching a female on June 24 at a bar. Johnson has since been kickoff of the FSU team.