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.