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FSU’s motion to dismiss lawsuit denied by district court judge

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The play stands as called.

Florida State’s motion to have a Title IX lawsuit dismissed has been denied by U.S. District Court judge Mark E. Walker. The trial will proceed in July of next year.

The university had argued that its response to the claims of accuser Erica Kinsman, a former student who says she was raped by Jameis Winston, was neither indifferent or unreasonable. The accuser has alleged that no one at FSU offered her safety precautions as she was being harassed while still on campus.

The suit claims that FSU was responsible for Title IX violations because of a “clearly unreasonable response” to her accusations and allowing a “hostile educational environment.”

“Viewed in a light most favorable to (the accuser), the complaint plausibly alleges deliberate indifference during this period that effectively denied her the ability to attend FSU,” writes Walker. Kinsman has filed a separate lawsuit against Winston.

“We are very pleased with the ruling and are looking forward to the upcoming depositions,” the woman’s attorney, John Clune of Boulder, Colo., told ESPN.com on Wednesday.

Kinsman also has filed a federal civil lawsuit against Winston, who was the No. 1 pick of the Tampa Bay Buccaneers in this past spring’s NFL draft.

Gary Shelton is one of the most recognized and honored sportswriters in the history of the state. He has won the APSE's national columnist of the year twice and finished in the top 10 eight times. He was named the Florida Sportswriter of the Year six times. Gary joined SaintPetersBlog in the spring, helping to bring a sports presence to the website. Over his time in sports writing, Gary has covered 29 Super Bowls, 10 Olympics, Final Fours, Masters, Wimbledons and college national championships. He was there when the Bucs won a Super Bowl, when the Lightning won a Stanley Cup and when the Rays went to a World Series. He has seen Florida, FSU and Miami all win national championships, and he covered Bear Bryant, Bobby Bowden and Don Shula along the way. He and his wife Janet have four children: Eric, Kevin, K.C. and Tori. To contact, visit garysheltonsports@gmail.com.

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