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TALLAHASSEE, FL - SEPTEMBER 6: A view of the stadium seats with the new Florida State Seminoles logo before playing a game against the Citadel Bulldogs at Doak Campbell Stadium on Bobby Bowden Field on September 6, 2014 in Tallahassee, Florida. #1 ranked Florida State defeated Citadel 37 to 12. (Photo by Don Juan Moore/Getty Images)
TALLAHASSEE, FL - SEPTEMBER 6: A view of the stadium seats with the new Florida State Seminoles logo before playing a game against the Citadel Bulldogs at Doak Campbell Stadium on Bobby Bowden Field on September 6, 2014 in Tallahassee, Florida. #1 ranked Florida State defeated Citadel 37 to 12. (Photo by Don Juan Moore/Getty Images)Don Juan Moore/Getty Images

FSU's Motion to Dismiss Title IX Lawsuit from Jameis Winston's Accuser Denied

Timothy RappAug 12, 2015

U.S. District Court Judge Mark E. Walker denied a motion filed by Florida State University to dismiss Erica Kinsman's Title IX lawsuit against the school Wednesday, according to Matt Baker of the Tampa Bay Times.

Kinsman accused former FSU quarterback Jameis Winston of rape in 2012. While Winston was never charged, Kinsman "has claimed that no one at FSU offered her safety precautions as she was being harassed while still on campus," per John Taylor of Pro Football Talk, and that "the university was responsible for Title IX violations because of a 'clearly unreasonable response' to the sexual assault allegations and allowing a 'hostile educational environment.'"

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On Wednesday, Judge Walker at least agreed that Kinsman has grounds to continue her lawsuit.

"Viewed in the light most favorable to Ms. Kinsman, the complaint plausibly alleges deliberate indifference during this period that effectively denied her the ability to attend FSU," Walker noted in Wednesday's decision, per Baker.

The university has claimed it offered Kinsman a victim advocate, denying any indifference to her claims. She has denied that the university aided her during the period in which she alleged she was being harassed.

Kinsman also has a civil lawsuit against Winston pending, with that case set to go to trial in May 2017, per Baker.

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