Judge denies FSU motion to dismiss suit brought by Winston accuser

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Florida State’s motion to have a Title IX lawsuit brought against the university dismissed has been denied, multiple media outlets are reporting.

U.S. District Court Judge Mark E. Walker rejected FSU’s argument that the case should be dismissed, stating in his decision that, when “[v]iewed in the light most favorable to” the plaintiff, Erica Kinsman, the university’s “deliberate indifference” to rape allegations led to the accuser being unable to pursue her educational opportunities — she was a student at FSU at the time of the alleged sexual assault — and thus may have been denied the rights afforded her under Title IX.

“In sum, FSU offers a different take on some of the facts in the complaint and additional facts that are not in the complaint in an attempt to show its efforts to respond were diligent and genuine, or at least not ‘clearly unreasonable’ under Title IX,” Walker wrote in his motion, by way of USA Today. “This Court does not resolve such factual disputes on a motion to dismiss.

“Viewed in the light most favorable to Ms. Kinsman, the complaint plausibly alleges deliberate indifference during this period that effectively denied her the ability to attend FSU.”

The university, obviously, has argued that their response to Kinsman’s accusations were neither clearly unreasonable nor deliberately indifferent, stating that they had immediately offered the accuser, among other services, a victim advocate to help her through the process.  Kinsman has claimed that no one at FSU offered her safety precautions as she was being harassed while still on campus.

The lawsuit is set to go to trial in July of 2016.

In late April of this year the lawsuit filed against the university by Kinsman, who accused former Seminole Heisman-winning quarterback Jameis Winston of raping her in late 2012, was moved from a federal court in Orlando to one in Tallahassee.  The U.S. District Judge in Orlando, Gregory Presnell, agreed with FSU’s contention that he had no jurisdiction over the school.

Kinsman’s lawyers had argued against the change of venue, with the alleged victim claiming she was fearful of her safety if the case was moved to Tallahassee.  She also feared she couldn’t get a fair trial in the same city in which Winston had starred for the Seminoles.

In January of this year, Kinsman filed the lawsuit, seeking a trial by jury and damages against the university’s trustees.  In the suit, it was claimed that the university was responsible for Title IX violations because of a ‘clearly unreasonable response’” to the sexual assault allegations and “allowing a ‘hostile educational environment.’”

Winston was never charged criminally in connection to the allegations of sexual assault. The lawsuit was filed nearly three weeks after Winston was cleared in the school code of conduct hearing, which was also connected to the rape allegations.  The accuser appealed that ruling, but it was subsequently upheld.

In April of last year, attorney’s for the accuser blasted the university for either delaying or outright terminating a Title IX investigation into the allegations. Five months later, it was reported that the university had reopened the investigation.

Winston’s adviser subsequently released a scathing statement claiming that the accuser was the one dragging her feet when it came to the federally-mandated investigation.  That adviser, David Cornwell, also accused the alleged victim’s camp of seeking $7 million from Winston to keep quiet.

Also in April of last year, it was reported that the Department of Education’s Office of Civil Rights has launched its own investigation into FSU’s handling of the case.  Other universities across the country, including Tennessee, are caught up in similar investigations.

Pac-12 player group ‘disappointed’ after commissioner call

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The Pac-12 players of the “WeAreUnited” movement said they were “disappointed and deeply concerned” after a recent meeting with the conference’s commissioner.

The players sent an email to Pac-12 Commissioner Larry Scott late Friday accusing him of not taking the issues they have raised seriously enough. The email was also shared with members of the media.

The group’s correspondence came after Scott followed their Thursday call with an email to the players that struck a very different tone, thanking them for the “passion and honesty with which you spoke yesterday evening.”

The group is pushing the conference to address their concerns about COVID-19 protocols, racial injustice in college sports and economic rights for college athletes. Players threatened opting out of practices and games if their demands aren’t addressed. Leaders of the group have said their movement has more than 400 players from around the conference supporting it.

In their email to the commissioner, the players said they were unsatisfied with Scott’s answers to question about increasing the frequency of COVID-19 testing done on athletes and the mandating of best practices across the conference.

“Without a discernible plan and mandates to ensure the health and safety of student-athletes, it is absurd, offensive, and deadly to expect a season to proceed,” they said.

When the players went public with their demands last Sunday, they reached out to the Pac-12 and requested daily meetings with conference officials. Instead, they got one call last week and a pledge from the conference for continued communication.

“You informed us we cannot have legal representation attend these meetings to assist in connection with our legal rights, nor were you willing to even have regular meetings with us to provide updates,” the players wrote to Scott.

Scott’s email addressed four topics that made up the bulk of the Thursday call with 12 players: health and safety; eligibility; COVID-19 liability waivers; and opt-out due to COVID-19 concerns.

Scott wrote the conference will attempt to provide the players an opportunity to speak with the Pac-12 medical advisory committee and keep them abreast of work being done at the NCAA level to address whether athletes who opt out of the coming season will be permitted to retain eligibility.

Scott said the conference office would ensure none of the league’s schools ask athletes to sign liability waivers and reiterated Pac-12 schools were committed to honoring scholarships of players who chose not to play this season because of COVID-19 concerns.

“We will work on gathering the information listed above and providing it to you as soon as possible,” Scott wrote.

Clemson QB Lawrence says he’s completely committed to 2020 season

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Clemson quarterback Trevor Lawrence said he considered opting out of this season when he was unsure what college football would look like going forward amid the coronavirus pandemic.

However, Lawrence said Friday once he understood he’d play an 11-game season with a chance for an Atlantic Coast Conference and national championships, he decided to play his junior season.

The Heisman Trophy hopeful said he’s completely committed to this season and confident in Clemson’s ability to keep himself and his teammates safe.

Lawrence, who is the likely No. 1 overall pick in the next NFL draft should he leave college early, was 25-0 as a starter until he and Clemson fell to LSU in the national title game last January. The 6-foot-6 junior, had perhaps his poorest performance in college in the 42-25 loss to LSU. He joked how after his freshman year when he led Clemson to a championship he heard how amazing he was and since the LSU defeat, he heard how much work he has to do improve.

Pac-12 responds to football players threatening opt-outs

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The Pac-12 responded Monday to football players who have threatened to opt-out of the season because of concerns related to health and safety, racial injustice and economic rights with a letter touting the conference’s work in those areas and an invitation to meet later this week.

A letter from Pac-12 Commissioner Larry Scott, dated Aug. 3, was sent to 12 football players leading the #WeAreUnited movement. The letter was obtained by The Associated Press and first reported by Sports Illustrated.

The players say they have been communicating with more than 400 of their peers throughout the Pac-12. The group released a lengthy list of demands Sunday and said if they are not addressed they will not practice or play. The group said it reached out to the Pac-12 on Sunday to request a meeting. In the letter, Scott said he was eager to discuss their concerns.

“I will come back to you in the coming days following discussion with our members and student-athlete leaders to schedule a call for this week to discuss the matters that you have raised,” Scott wrote.

Also Monday night, Washington State coach Nick Rolovich said in a statemen t he regretted cautioning one of his players about being part of the #WeAreUnited movement. A recording of a conversation between Rolovich and receiver Kassidy Woods obtained by the Dallas Morning News revealed the coach seemingly warning the player that being involved with the group would hurt his standing with the team. Woods had called Rolovich to inform him he was opting out of the season for health reasons related to COVID-19.

“I spoke with Kassidy Woods in a private phone conversation last Saturday afternoon. This was before the #WeAreUnited group had released its letter of concerns,” said Rolovich, who is in his first season was Washington State coach. “Without knowing the concerns of the group, I regret that my words cautioning Kassidy have become construed as opposition. I’m proud of our players and all the Pac-12 student-athletes for using their platform, especially for matters they are passionate about. WSU football student-athletes who have expressed support for the #WeAreUnited group will continue to be welcome to all team-related activities, unless they choose to opt out for health and safety reasons.”

The #WeAreUnited players’ demands focused on four areas: health and safety protections, especially protocols related to COVID-19; guarding against the elimination of sports programs by schools during an economic downturn; ending racial injustice in college sports; and economic freedom and equity.

Scott addressed each area, highlighting the conference’s:

— Medical advisory committee working on COVID-19 protocols and webinars for student-athletes and their parents;

— Support for reforming NCAA rules regarding name, image and likeness compensation for college athletes;

— Recent initiatives to address racial inequities such as the formation of a social justice & anti-racism advisory group that includes student-athletes representatives.

Scott also listed 10 areas in which, he wrote, “The Pac-12 has been a leader in supporting student-athlete health and well-being …” Included were enhanced medical coverage post-eligibility; cost-of-attendance stipends added to the value of scholarship; mental health support; and the Pac-12′s support of reforming NCAA transfer rules to allow athletes more freedom to switch schools.

Pac-12 football teams are scheduled to begin preseason practices Aug. 17 and the league’s conference-only regular season is set to start Sept. 26.

Big 12 to allow teams to play 1 non-conference football game

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Two people involved with the decision say the Big 12 will permit its teams to play one nonconference football game this year to go along with their nine league contests as plans for the pandemic-altered season continued to fall into place.

The people spoke Monday night to The Associated Press on condition of anonymity because the conference was still preparing an official announcement.

The Big 12 university presidents signed off on the conference’s scheduling model, which gives schools the ability to play one nonconference game at home. The conference’s championship game is scheduled for Dec. 5, but one of the people told AP that the conference is leaving open the possibility of bumping it back a week or two.

The 10-team Big 12 already plays a nine-game, round-robin conference schedule. Unlike other Power Five conference that have switched to either exclusively (Big Ten, Pac-12 and SEC) or mostly (ACC) league games this season, the Big 12 could not add more conference games without teams playing each other more than once.

Several Big 12 teams have already started preseason practice, with Kansas and Oklahoma slated to play FCS teams on Aug. 29.

As conferences take steps toward a football season that seems to be in precarious shape, the NCAA is expected to weigh in Tuesday on fall sports other than major-college football.

The association’s Board of Governors is scheduled to meet and whether to cancel or postpone NCAA championship events in fall sports such as soccer, volleyball and lower-division football is expected to be a topic.

Only the Pac-12 has a full football schedule with matchups and dates in place among Power Five conferences. The Pac-12 will begin Sept. 26, along with the Southeastern Conference, which is still working on its new 10-game slate.

The Atlantic Coast Conference has opponents set for its 10-game conference schedule and will start the weekend of Sept. 12, but no specific game dates. The ACC has also said it will permit its teams to play one nonconference game.

The Big Ten, first to announce intentions to go conference-only this season, has yet to release a new schedule, but that could come later this week.

Now that the Power Five has declared its intentions the Group of Five conferences can start making plans and filling holes on their schedules.

American Athletic Conference Commissioner Mike Aresco has said the AAC could stick with its eight-game conference schedule and let its members plays as many of their four nonconference games as they can salvage or replace.

The Mountain West, Conference USA, Mid-American and Sun Belt conferences are likely to take similar approach.

Early Monday, Texas State from the Sun Belt announced it was moving a nonconference game against SMU up from Sept. 5 to Aug. 29.