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Even A "Drunken Hookup" Could See Winston Charged With Sexual Assault, Expelled.

Update 10/15/2014: David Cornwell took to Twitter this morning to call out FSU for violating their own Title IX policy.

@wmdavidcornwell: #FSU spkswoman Browning justifies delay 2 @FoxSports by referencing date of FSU's knowledge. Not the test. FSU policy-1 year from the event

Maybe it's a coincidence that many of the lawsuits filed against universities after unfavorable Title IX rulings are based on the university's failure to abide by their own policies and procedures for conducting disciplinary hearings.

Like this one, at Swarthmore, where a complainant waited 19 months to make a Title IX complaint (Winston's accuser waited 20 months): http://swarthmoreindependent.com/2014/02/18/expelled-students-decision-to-sue-highlights-incompetence/

My take: Cornwell is carefully using the media to put FSU on notice that their Heisman-winning, National Champion quarterback already has grounds to sue them.

Original Post: Don't believe me? Well, there are several former students of major universities who would love to speak with you.

The fact is, the Florida State University Code of Conduct, as required by Title IX, gives an woefully broad definition of what constitutes sexual misconduct, particularly when alcohol is involved.

1.e.1 (a): Sexual misconduct

a. Any sexual act that occurs without the consent of the victim, or that occurs when the victim is unable to give consent. Consent is defined as the willing and clear participation in the sexual act. Inability to give consent includes but is not limited to situations where the individual is:

i. under the influence of alcohol, drugs or other substances (including but not limited to prescribed medications);

Those of us who have read the investigation documents, and who are capable of employing common sense reasoning, are confident that Winston's accuser wasn't intoxicated; certainly not to the point she'd be unable to give consent.

But, as is becoming increasingly, horrifyingly evident in Title IX Sexual Assault cases across America, common sense need not apply. As written, these standards state that anyone who is under the influence of alcohol is unable to give consent. Period.

Which leads to cases like these:

Link: Occidental College

Link: University of Michigan

and has led some of our proudest universities, like Stanford and Princeton, to render policies that state women who have had anything at all to drink are unable to give consent, even to their spouses.

Link: NY Post

Even the Executive Director of the Title IX Administrators Association is shocked by this trend, and suggested this misapplication of Title IX is, in fact, a violation of Title IX, as it discriminates against men based on gender. But make no mistake: ruling against the defendant in cases where alcohol is involved AT ALL is a trend.

Link

So what does this mean for Jameis Winston?

It means that a lot of what David Cornwell has been saying could be irrelevant with regard to the FSU Code of Conduct, and Title IX. It doesn't matter if a rape occurred. All that matters is whether or not Winston's accuser was able to give consent. As the Code of Conduct is written, if she was "under the influence of alcohol", she could not give consent.

According to the police report, Winston's accuser admitted to drinking and had alcohol in her system.

And, really, ultimately, the judge who conducts the hearing need only be 50.01% convinced this was the case in order to charge Winston.

Considering Title IX and the FSU Code of Conduct in no way account for levels of intoxication, and considering this has led to several unfavorable rulings for male students in similar cases, and considering that Winston's accuser is being counseled (read: coached) by high profile attorneys who make their living exploiting Title IX, I am not at all confident in Winston's chances going into this disciplinary hearing.

Thus I am not at all convinced that Winston will go anywhere near a disciplinary hearing. I have a feeling David Cornwell is well aware of these things, and is merely putting on a show prior to the "informational hearing", which I cannot imagine will satisfy his concerns.

But, Winston aside, the implications here are terrifying for all male students of America's universities.

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