FanPost

Complainant's attorney requesting code-of-conduct violations.

TDO article (USA Today)

SPOILER ALERT - SAME STORY, DIFFERENT DAY (just under a new, more inflammatory title)

Attorney Baine Kerr - representing the complainant in the Winston story - has requested that he be charged alongside Casher and Darby with code of conduct violations. He is also requesting that FSU's policies regarding sexual assault investigations be reviewed due to improprieties related to Winston not cooperating.

Seems like they're moving to the next logical step in the process. Criminal - Code of Conduct - Civil. Will be interesting to see how it unfolds, especially given that FSU went on the offensive in their response to the NYTimes article regarding the difficulties of investigations.

Of most interest to me was the following:

"The law is not supposed to operate in a way to reward people who don’t cooperate with either criminal or civil investigations," said Erin Buzuvis, a professor of law at Western New England University and a Title IX expert. "It’s just bizarre to think that would result in, ‘Oh, I guess we just can’t do anything.’ Who would ever cooperate with anything?"

Winston was only doing what any intelligent person in his situation would, exercising his legal right to silence. The burden is on the "prosecution" - in this case FSU - to prove misconduct. Given that Winston has made no statement and Casher and Darby's violations are directly related to them interrupting/recording a consensual act of a sexual nature, it's understandable why Winston was not charged.

Unless some new information arises, I cannot see where there would be any progression. It would appear they are attempting to strengthen their case for the forthcoming civil trial.

X
Log In Sign Up

forgot?
Log In Sign Up

Please choose a new SB Nation username and password

As part of the new SB Nation launch, prior users will need to choose a permanent username, along with a new password.

Your username will be used to login to SB Nation going forward.

I already have a Vox Media account!

Verify Vox Media account

Please login to your Vox Media account. This account will be linked to your previously existing Eater account.

Please choose a new SB Nation username and password

As part of the new SB Nation launch, prior MT authors will need to choose a new username and password.

Your username will be used to login to SB Nation going forward.

Forgot password?

We'll email you a reset link.

If you signed up using a 3rd party account like Facebook or Twitter, please login with it instead.

Forgot password?

Try another email?

Almost done,

By becoming a registered user, you are also agreeing to our Terms and confirming that you have read our Privacy Policy.

Join Tomahawk Nation

You must be a member of Tomahawk Nation to participate.

We have our own Community Guidelines at Tomahawk Nation. You should read them.

Join Tomahawk Nation

You must be a member of Tomahawk Nation to participate.

We have our own Community Guidelines at Tomahawk Nation. You should read them.

Spinner.vc97ec6e

Authenticating

Great!

Choose an available username to complete sign up.

In order to provide our users with a better overall experience, we ask for more information from Facebook when using it to login so that we can learn more about our audience and provide you with the best possible experience. We do not store specific user data and the sharing of it is not required to login with Facebook.

tracking_pixel_9341_tracker