Erica Kinsman concealed information
Erica Kinsman concealed information, Attorneys for Erica Kinsman, a former FSU student who accused quarterback Jameis Winston of raping her in December 2012, responded in a federal Title IX lawsuit Thursday to Florida State's motion to dismiss the case.
The filing in the U.S. District Court for the Northern District of Florida rebutted FSU's assertion that Monk Bonasorte, the senior associate athletic director, and head football coach Jimbo Fisher were not appropriate people to respond to Kinsman's report of sexual assault. FSU has said that both men knew of the allegation against Winston in January 2013, approximately a month after Kinsman first reported to police, but were not responsible to act because they could not remedy the situation.
"In deliberate violation of their known duties to act on allegations of student-on-student sexual assault and notify the FSU administration, these senior Athletics Department officials chose to conceal the information they had received," Kinsman's response states.
"It would wholly circumvent the purposes of Title IX to find FSU protected from liability because its senior associate athletic director and head football coach deliberately concealed notice from FSU's administrators or other 'appropriate persons.'"
Kinsman filed her lawsuit against FSU's board of trustees in January, alleging "deliberate indifference" in the school's response to her alleged assault.
A review by the state attorney in December 2013 resulted in no criminal charges against Winston, and a school hearing held in December 2014 found he was not responsible for violating the student code of conduct. That decision was affirmed on appeal by a FSU administrator this month.
The response argues Kinsman's complaint "sets forth facts sufficient to establish actual notice, deliberate indifference, and severe harassment under Title IX, and thus 'state(s) a claim to relief that is plausible on its face.'"
The filing in the U.S. District Court for the Northern District of Florida rebutted FSU's assertion that Monk Bonasorte, the senior associate athletic director, and head football coach Jimbo Fisher were not appropriate people to respond to Kinsman's report of sexual assault. FSU has said that both men knew of the allegation against Winston in January 2013, approximately a month after Kinsman first reported to police, but were not responsible to act because they could not remedy the situation.
"In deliberate violation of their known duties to act on allegations of student-on-student sexual assault and notify the FSU administration, these senior Athletics Department officials chose to conceal the information they had received," Kinsman's response states.
"It would wholly circumvent the purposes of Title IX to find FSU protected from liability because its senior associate athletic director and head football coach deliberately concealed notice from FSU's administrators or other 'appropriate persons.'"
Kinsman filed her lawsuit against FSU's board of trustees in January, alleging "deliberate indifference" in the school's response to her alleged assault.
A review by the state attorney in December 2013 resulted in no criminal charges against Winston, and a school hearing held in December 2014 found he was not responsible for violating the student code of conduct. That decision was affirmed on appeal by a FSU administrator this month.
The response argues Kinsman's complaint "sets forth facts sufficient to establish actual notice, deliberate indifference, and severe harassment under Title IX, and thus 'state(s) a claim to relief that is plausible on its face.'"
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Erica Kinsman concealed information
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