FSU's Motion to Dismiss Title IX case denied

[The Real Sonny]

That one was easy to call, there was no way the case was going to be dismissed.

http://www.usatoday.com/story/sport...ston-erica-kinsman-denies-dismissal/31531205/

 

[Dr. Nole]

That article doesn't make me feel good at all?

 

[AllNoles]

Dammit Mark.

I still think FSU wins on summary judgment.

 

[scott1088]

It's absurd that this chick is still being considered credible.

 

[The WarNole]

No way would this be found on summary judgment sadly. This basically says a jury needs to decide this. Winston's individual lawsuit against her has better chance at being thrown out.

Too much politics on the line for this one to be sadly.

 

[NolesFan4523]

How many times did she change her story?

 

[The WarNole]

How many times did she change her story?

Sadly her changing of story has nothing to do with this issue.

 

[AllNoles]

No way would this be found on summary judgment sadly. This basically says a jury needs to decide this. Winston's individual lawsuit against her has better chance at being thrown out.

Too much politics on the line for this one to be sadly.

I would agree in state court. I am not so sure in federal court. She has not been deposed yet. That will be very, very telling.

 

[The WarNole]

I would agree in state court. I am not so sure in federal court. She has not been deposed yet. That will be very, very telling.

Good point. Depositions will tell a lot.

 

[noles517]

Unless she walks into some traps during depo (she may), it will not be appropriate for summary judgment.

Seems like a case with multiple facts at issue that must be resolved by a trier of fact.

 

[Dr. Nole]

Sadly her changing of story has nothing to do with this issue.

Agree.
It's my understanding that the Title IX hearing is about whether or not FSU followed proper procedure(s).

 

[The WarNole]

Agree.
It's my understanding that the Title IX hearing is about whether or not FSU followed proper procedure(s).

Correct.

 

[Panama22]

That one was easy to call, there was no way the case was going to be dismissed.

http://www.usatoday.com/story/sport...ston-erica-kinsman-denies-dismissal/31531205/

O'Bummer!

 

[samcro11]

All future updates can be found at cleat chaser.com

 

[AllNoles]

Agree.
It's my understanding that the Title IX hearing is about whether or not FSU followed proper procedure(s).

It's also about whether anything FSU did or did not do harmed her. Most of these cases involved prior knowledge of likely harm and deliberate indifference to it. That's hard to counter at a motion to dismiss stage because the court has to assume all of her allegations are true, even if mostly conclusory (I would have liked them to push for clarity under Twombley). But she will have to come up with real evidence that the school was deliberately indifferent to her "needs." I don't think FSU not taking perfect action is enough to get past summary judgment. And I think to the extent she DECLINED help like a class change or the like is going to be very hard to overcome. Also keep in mind that no one knew anything about this case or her involvement until it came out in the media. Before that she faced NO backlash from anyone. After that, her entire case was being driven by her lawyer. If they did not inform FSU of problems she was facing, I simply don't see how they could prove deliberate indifference. Her being represented through that time is great for FSU because it's much more reasonable to expect that her lawyer would inform the school if she needed anything.

 

[FSUFrank]

I pisses me off that when it's all said and done.....SHE WASN'T RAPED.

 

[samcro11]

Cheating on exams, extortion, defamation....put her on the stand.

 

[rdbarks10]

"Kinsman’s complaint does not state that she declined a student-disciplinary process, and she said no one at FSU offered safety precautions."

My goodness, what did she expect an FSU security guard to accompany her wherever she goes? If she was supposedly rape or attacked in the real world, I don't think a police officer would be assigned to her wherever she went. This girl screams of someone who doesn't want to be responsible for her behavior. It's someone else fault, not that she decided to act wild one night.

Plus this is BS, she could have pursued code of conduct in spring of 2013 if she really was taken advantage of. Can't wait to hear the reasons for waiting a year until he became a Heisman trophy contender.

 

[SchmidtyNole]

Dammit Mark.

I still think FSU wins on summary judgment.

AllNoles, the lawsuit with Kinsman and FSU goes to trial in July 2016. The lawsuit with Kinsman and Winston goes to trial in May 2017. Do you think the outcome of Kinsman's lawsuit against FSU will have any bearing on the lawsuit with Winston? Obviously there will be a lot of discovery going on in the Title IX lawsuit including her being deposed. What is your take on it?

 

[Johnnynole2015]

Agree.
It's my understanding that the Title IX hearing is about whether or not FSU followed proper procedure(s).

Wasn't she the one that dragged her feet about filling charges? Hopefully the truth comes out and FSU and Winston are both cleared.

 

[h8uf]

Harassment??? Has this chick walked in my shoes? Just putting an FSU shirt on in South Florida opened me up to ridicule unlike any other time I remember. She caused this to me directly with her four different stories and relentless pursuit of attention. As a former student can't I request charges be brought against her in a COC. I've stayed in a Holiday Inn Express in the past so I do have logic behind this post... if she had another student charged after she withdrew from the university why can't I? Whether it is one day, six months or 23 years like in my case; it should all be equal. I still have nightmares of turning my tv or computer on!!!!!!!!! The enjoyment I usually get from a season was greatly diminished because of her!!!!!!!!!!!

 

[JohnnieHolmesNole]

Dammit Mark.

I still think FSU wins on summary judgment.

Should happen, assuming (a) FSU people -- and Monk in particular -- perform(s) well at deposition, (b) FSU's counsel is sharp, and (c) the Gata judge calls it straight, and does not invoke some Meggs-esque "higher standard" for FSU.

 

[samcro11]

If the DOE gives this person one penny, I want my tuition reimbursed. Every penny.

 

[AllNoles]

Should happen, assuming (a) FSU people -- and Monk in particular -- perform(s) well at deposition, (b) FSU's counsel is sharp, and (c) the Gata judge calls it straight, and does not invoke some Meggs-esque "higher standard" for FSU.

Mark is straight up.

Our people's depos aren't nearly as important as hers.

 

[OrlandNole]

Agree.
It's my understanding that the Title IX hearing is about whether or not FSU followed proper procedure(s).

That's my understanding, too. Whether or not she was actually raped is irrelevant.

 

[ShaolinNole]

It's absurd that this chick is still being considered credible.

Which one of her stories do you think they believe?

 

[NoleOne]

That article doesn't make me feel good at all?

Note that the author Rachel Axon lives in Gainesville and covers (or covered) UF sports.