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Thread: FSU Title IX investigation of Winston

  1. #1

    FSU Title IX investigation of Winston


  2. #2
    Administrator FSU_Jeep's Avatar
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    Re: Can anyone explain this freeking Mess to me?

    If the school finds any guilt at this point Winston should sue the university.

    It is outrageous that a school can conduct a investigation into a student after the state has thrown the case out.

  3. #3

    Re: FSU Title IX investigation of Winston

    The university is required by law to conduct a title IX investigation of every reported sexual assault, regardless of whether or when law enforcement is involved. FSU horribly mishandled this situation from the start, and I worry that a fairly severe sanction will be enforced before this is over.

  4. #4
    Administrator FSU_Jeep's Avatar
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    Re: FSU Title IX investigation of Winston

    Quote Originally Posted by UCLA
    The university is required by law to conduct a title IX investigation of every reported sexual assault, regardless of whether or when law enforcement is involved. FSU horribly mishandled this situation from the start, and I worry that a fairly severe sanction will be enforced before this is over.
    UCLA if you read the article you will see FSU was not at fault for not getting this investigation done in a more timely manner. It seems the accuser or liar depending on the story you believe did not do what was required for the Title IX all along, and essentially waited till right before football season to finally comply.

    "The real story here is that after her Colorado attorneys created a media frenzy alleging that Florida State University failed to comply with its Title IX obligations, (the accuser) had to come clean and admit that she previously refused to cooperate with the university's Title IX inquiry," Cornwell said in the statement. "Now that she has finally done her Title IX interview, this is the fourth time (the assuser) has told her story.

  5. #5

    Re: FSU Title IX investigation of Winston

    Ba ha ha...so Jeep's editing titles. freeking Warcahnt X2.

    But in this case it may have been a warranted move.

    As for the topic. I thought that they did ask Winston to interview but he jsut said that it was consensual and declined to give an interview. As was his right?

    And the statement from Winston's lawyer insinuated that they tried to talk to the girl but she had declined until last month. Is that the case? I'm quite confused about the facts.

  6. #6
    Administrator FSU_Jeep's Avatar
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    Re: FSU Title IX investigation of Winston

    Quote Originally Posted by rhurner
    Ba ha ha...so Jeep's editing titles. freeking Warcahnt X2.

    But in this case it may have been a warranted move.
    Report me for title XX and we can discuss it in 5 years when you decide to come forward at your leisure :)


    Why should Winston talk to the University if the girl refused to talk to them then had to come out and say she wasn't cooperating with University all along.

    I am not buying what she has been selling all along :!:

  7. #7

    Re: FSU Title IX investigation of Winston

    I can't explain right now due to currently standing in front of a stage waiting for Dita Von Teese, but I will tomorrow. Essentially, the title IX requirements for reporting and investigation were not met and that has nothing to do with the complainant's behavior. Coincidentally, I was in a four hour mandatory meeting yesterday re: title ix requirements for sexual assault and the Dear Colleague mandate from DoE; this is stuff is very fresh in my mind.

  8. #8
    Administrator FSU_Jeep's Avatar
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    Re: FSU Title IX investigation of Winston

    Quote Originally Posted by UCLA
    I can't explain right now due to currently standing in front of a stage waiting for Dita Von Teese, but I will tomorrow. Essentially, the title IX requirements for reporting and investigation were not met and that has nothing to do with the complainant's behavior. Coincidentally, I was in a four hour mandatory meeting yesterday re: title ix requirements for sexual assault and the Dear Colleague mandate from DoE; this is stuff is very fresh in my mind.
    We expect pictures :)

  9. #9

    Re: FSU Title IX investigation of Winston

    Well, last year when all this came about, the kid bore down and started playing phenomenally. What about double jeopardy here? Dude has been exonerated already. Why are people allowed to keep throwing the same thing up against the wall to see if something sticks?

  10. #10

    Re: FSU Title IX investigation of Winston

    Quote Originally Posted by FSU_Jeep
    Quote Originally Posted by UCLA
    I can't explain right now due to currently standing in front of a stage waiting for Dita Von Teese, but I will tomorrow. Essentially, the title IX requirements for reporting and investigation were not met and that has nothing to do with the complainant's behavior. Coincidentally, I was in a four hour mandatory meeting yesterday re: title ix requirements for sexual assault and the Dear Colleague mandate from DoE; this is stuff is very fresh in my mind.
    We expect pictures :)
    Man, I wish. They are bouncing people for even removing their phones from their pockets when Dita is performing. Very cool and very random celebrity encounter: I'm standing next to Vanessa Redgrave.

  11. #11

    Re: FSU Title IX investigation of Winston

    It is impressive, given the timing, that they've managed to drag it out over two football seasons so far. I don't think FSu will get nailed for any sort of title nine issue. Right now and throughout we have only mostly heard from the various accuser's representatives (her aunt, the title 9 liars err lawyers) and they are driving the spin of the media narrative. A reminder:

    From the last time this was dredged up by the accuser. http://fsunytimes.fsu.edu

    And presently, FSu states what? While we cannot comment on any individual case, in general, complainants control the timing in our process," she said.

    That's right. This is happening now, not because of FSu delaying but because the accuser and their attorneys want the discussion happening during football season to emphasize their ridiculous narrative that FSu football controls the university. It's a massive conspiracy remember. The tpd, da, FSu administration and governor are all big time FSu football fans and they are actively condoning a rape culture so that a 3rd string qb can rape girls AND play football. F''ing ridiculous. :|

    Having read the police report, I don't see how Winston could have been charged and, in the context of a conduct inquiry at FSu, the only way Winston gets in trouble is if they believe the white sorority girl over three black men, multiple drug tests, and contradictory reports from her and her witnesses/friends. If they did that, Winston should be screaming racism at the top of his lungs and the story will amplify times 1000.

  12. #12
    Administrator FSU_Jeep's Avatar
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    Re: FSU Title IX investigation of Winston

    If this is a true conduct hearing, the girl/liar should be the one punished by FSU she has admitted to underage drinking. Basically will carry the same wait as the person admitting to videoing the two having sex.

    But wait, she no longer is a student of FSU. I guess they could void her credits. Either way if they find no fault by Winston then they need to find a fault with the accuser.

  13. #13

    FSU Opens Title IX Investigation on Winston

    I am assuming that the school was pressured into investigating Winston. Strange America that we live in that an academic institution now replaces the criminal court system and its constitutional protections. However, I do not believe there are any appeals allowed after the administration has rendered a decision....so that'll make some of you happy. :D

    Edit: Sorry, missed the pin. The investigation requirements of title IX as well as the constitutional protections of the accused are not well established -- namely because this is akin to an administrative proceeding w/o judicial overview. There is a jurisdictional question as to whether FSU should have instituted an investigation because it was off-campus. So many vagueries with the law, very difficult of the university.

  14. #14

    Re: FSU Title IX investigation of Winston

    A few things to start:

    With regard to sexual assaults that involve college students, three different mechanisms are involved: law enforcement, the Dean of students for code of conduct violations, and the title ix office. Law enforcement is essentially independent and immaterial with regard to the other two. Title vii and Clery act mechanisms are also typically involved, but I have yet to see those referenced in JW's situation.

    Regardless of the complainant's behavior, university employers remain obligated by the "responsible employee," "campus security authority," and "mandated reporter" policies. These policies set a very high expectation for proactive reporting and investigating of even the possibility of an act of sexual violence occurring.

    Additionally, the standard by which these situations are judged by the university mechanisms is affirmative consent, i.e., the accused is responsible for demonstrating that he obtained the complainant's clear, explicit consent for all activities while the complainant was in full possession of her faculties. If the complainant had any alcohol or was even just sleepy, then affirmative consent is not likely. Additionally, the accused carries the entire burden of assuring that affirmative consent is maintained throughout any encounter. If the complainant passes out or becomes intoxicated or otherwise incapacitated, then affirmative consent is not likely. If the complainant expresses any ambivalence or hesitation, then the accused is mandated to assume that affirmative consent has been withheld or revoked.

    One aspect of FSU's recent response regarding the investigation that makes me nervous is their assertion that they will be appointing a title ix officer. That the university didn't already have title ix and sexual harassment officers working under the VP of student affairs is incredible. A search of the FSU website suggests that the university did not even have a title ix-mandated webpage describing the sexual violence policies and resources on-campus until _last week_.

    Maybe it's due to the instability and flux in the president's office, but FSU seems to have failed dramatically in complying with federal policy for addressing sexual violence.

  15. #15

    Re: FSU Title IX investigation of Winston

    Quote Originally Posted by banditking

    Having read the police report, I don't see how Winston could have been charged and, in the context of a conduct inquiry at FSu, the only way Winston gets in trouble is if they believe the white sorority girl over three black men, multiple drug tests, and contradictory reports from her and her witnesses/friends. If they did that, Winston should be screaming racism at the top of his lungs and the story will amplify times 1000.
    Yep, and that's where it begins and ends for me.
    You shut your mouth when you're talking to me!

  16. #16
    Administrator FSU_Jeep's Avatar
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    Re: FSU Title IX investigation of Winston

    UCLA this makes it sound like the universities could be setting themselves up for all kinds of civil lawsuits by making their own interpretations of the law.

    Also can the school pursue or do anything to the accuser since she had admitted on record to underage drinking that evening? She basically did the same as Casher. If the school doesn't find fault in Winston that means the school has to believe the accuser was not being truthful can the school then do anything about that?

    I am not real sure what a school can do anyhow other than expel a student, in these situations.

  17. #17

    Re: FSU Title IX investigation of Winston

    Universities are getting sued occasionally, but they are not losing those suits when they demonstrate that they are behaving in a manner that prioritizes reducing sexual violence. Additionally, students agree to abide by these mechanisms when they voluntarily enroll at the university.

    Regarding the underage drinking, that is technically a violation of the student code of conduct, but there is no way in hell anybody at the university is going to pursue a minor conduct violation against the victim of an alleged sexual assault. Additionally, code of conduct violations are handled by the Dean of Students, and they do not involve or invoke the title ix office unless sexual violence is involved.

    There is a very strong culture of avoiding victim blaming. You should not expect the complainant to receive anything but the utmost support from the university. Any appearance of victim blaming or insensitivity would be very bad for FSU from a federal standpoint.

  18. #18
    Administrator FSU_Jeep's Avatar
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    Re: FSU Title IX investigation of Winston

    Quote Originally Posted by UCLA
    Universities are getting sued occasionally, but they are not losing those suits when they demonstrate that they are behaving in a manner that prioritizes reducing sexual violence. Additionally, students agree to abide by these mechanisms when they voluntarily enroll at the university.

    Regarding the underage drinking, that is technically a violation of the student code of conduct, but there is no way in hell anybody at the university is going to pursue a minor conduct violation against the victim of an alleged sexual assault. Additionally, code of conduct violations are handled by the Dean of Students, and they do not involve or invoke the title ix office unless sexual violence is involved.

    There is a very strong culture of avoiding victim blaming. You should not expect the complainant to receive anything but the utmost support from the university. Any appearance of victim blaming or insensitivity would be very bad for FSU from a federal standpoint.
    Sexual violence was not involved in cashers admittance of video taping a consensual sexual act. That is not a violent crime. He was punished not punished because he did it, but punished because he stated he did it. The same as the victim stated she was underage drinking again not a violent offense but an offense all the same.

    She can only be considered a ****ing victim if someone has been found to victimize her and that has yet to be proven any place. 14 lawyers 1200 news organizations can not turn her into a ****ing victim.

    If in the end it is still found Winston has done no wrong, charges should be brought against this girl because so far the only Victim in this matter has been Winston!

  19. #19

    Re: FSU Title IX investigation of Winston

    Having the university investigate these sorts of criminal acts is ill conceived in my opinion. Also, the assumptions and presentation of sexual assault data are, shall we say, politically motivated. I am amazed that the narrative has not moved at all in this case to race. It should. White sorority girls word trumps three black men, her friends, and forensic data. To kill a mocking bird anyone?

  20. #20
    Administrator FSU_Jeep's Avatar
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    Re: FSU Title IX investigation of Winston

    Here is a good additional Article by NPR.

    After years of criticism for being too lax on campus sexual assault, some colleges and universities are coming under fire from students who say the current crackdown on perpetrators has gone too far.

    Dozens of students who've been punished for sexual assault are suing their schools, saying that they didn't get a fair hearing and that their rights to due process were violated. The accused students say schools simply are overcorrecting.

    More than 70 campuses are under federal investigation for violating the civil rights of alleged victims, and some students say schools are running so scared that they're violating the due process rights of defendants instead.

    "Right from the start, they treated me like I was the scum of the earth," says one young man, who was a sophomore at the University of Massachusetts, Amherst this past fall when he was told he was being investigated for sexual misconduct and had just hours to move out of his dorm.

    It started at a party. He says a classmate invited him to her room, asked him to bring a condom, texted her girlfriends about it, gave no signs of being drunk and repeatedly indicated that she wanted to have sex.

    So, he says, they did....................................


    http://www.npr.org/2014/09/03/345312...s-against-them

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