Erica Kinsman, a student at FSU, claimed Winston raped her in Dec. 2012. Local police didn’t forward the case to the state attorney’s office for nearly a year, and school officials didn’t discuss the claim with Winston until Jan. 2014. The delay, and the fact that officials met with Winston in private, may have violated Title IX.
Erica Kinsman filed a lawsuit in Orlando circuit court on April 16, accusing Winston of raping her on Dec. 7, 2012. The complaint, which seeks a trial jury and damages in excess of $15,000, alleges assault, sexual battery, false imprisonment and intentional infliction of emotional distress arising out of forcible rape.
Had [Winston] been prosecuted or had he been held accountable by the university, then maybe this wouldn’t be such an important step. The processes that we expect to do the right thing failed, and if they’re not going to hold him accountable she can do it herself.
Kinsman on March 26 replied to FSU’s motion to dismiss, claiming the school concealed information when an athletic director and head football coach failed to act after finding out about the alleged sexual assault. FSU says it provided counseling to the accuser before the school’s management knew of the allegations against Winston.
FSU President John Thrasher said in a Dec. 2014 statement that former Florida Supreme Court Chief Justice Major Harding had “conducted a thorough Student Conduct Code hearing and reviewed more than 1,000 pages of evidence.” FSU on March 13 denied an appeal by Erica Kinsman, who said she gave no “clear verbal consent” to the encounter.
In sum, the preponderance of the evidence has not shown that you are responsible for ANY of the charged violations of the Code.
After weighing this decision with my family and friends, I have decided to declare for the 2015 NFL Draft and forgo my remaining eligibility at Florida State… I am eternally grateful for the opportunity to wear the garnet and gold and have greatly enjoyed my time as a Seminole, both as an athlete and a student in the classroom.