http://www.usatoday.com/story/sports/ncaaf/2016/01/25/florida-state-settles-title-ix-lawsuit-erica-kinsman-jameis-winston/79299304/

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Florida State has settled a federal Title IX lawsuit with Erica Kinsman, a former student who said she was raped by quarterback Jameis Winston in 2012.
The settlement was announced on Monday, more than a year after she initially filed the complaint in federal court.
FSU agreed to pay Kinsman $950,000 an amount that includes attorney's fees as well as make a five-year commitment to awareness, prevention and training programs. The lump sum is the largest settlement for Title IX claims regarding indifference to a student's reported sexual assault.
"I will always be disappointed that I had to leave the school I dreamed of attending since I was little," Kinsman said in a statement. "I am happy that FSU has committed to continue making changes in order to ensure a safer environment for all students."
FSU did not admit to liability in the settlement, which university president John Thrasher said the school agreed to in order to avoid additional litigation expenses.
"We have an obligation to our students, their parents and Florida taxpayers to deal with this case, as we do all litigation, in a financially responsible manner," Thrasher said in a statement. "With all the economic demands we face, at some point it doesn't make sense to continue even though we are convinced we would have prevailed."
The settlement does not affect an ongoing Title IX investigation by the Department of Education's Office for Civil Rights. Kinsman filed a complaint with the agency in early 2014 and it opened an investigation in April of that year.
John Clune, one of Kinsman's attorneys, said not withdrawing her OCR complaint was critical for Kinsman in agreeing to the settlement.
In her lawsuit, which was settled in U.S. District Court for the Northern District of Florida, Kinsman alleged that Florida State was "deliberately indifferent" to her reported sexual assault and that its response was "clearly unreasonable." She asserted that FSU concealed and obstructed the investigation so as to allow Winston to play football.
Kinsman, who left FSU in November 2013 when the case became publicly known, argued that continued harassment denied her of her educational opportunities under Title IX.
As part of the settlement, FSU agreed to publish annual reports of its programs for the next five years.

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That seems like more than they'd spend at trial...

950K is nothing for a natty and a Heisman. /baylor

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That seems like more than they'd spend at trial...

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But keeps Jameis clear

But why? JW didn't do anything wrong right?

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The lump sum is the largest settlement for Title IX claims regarding indifference to a student's reported sexual assault.

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Only because Baylor is private and doesn't have to report what they recently paid.

Was the payment made in crablegs?

Should she target JW now? or wait til his contract swells?

Wait

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Should she target JW now? or wait til his contract swells?

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She already has a suit against him.

But, but, Johnny drinks....

Anyone know if there were caps in Florida?

This little lady is not going to go away.

Has baylor settled?

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Has baylor settled?

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Yes.

LINK

Is that in addition to the hush money they paid her 3 years ago, or is it inclusive?

Just heard on the radio that she got a quarter million and the attorney got the other 700K.

Has Danny Kannell talked about this yet?

Don't see a settlement price for baylor.

If not guilty cost fsu $950k, what does guilty cost baylor?

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Just heard on the radio that she got a quarter million and the attorney got the other 700K.

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So did I, and just came here to post that. What a crock our legal system is... even at $1000/hr I cannot see how such a large sum to the lawyers is justified.

I hope she gets more from her suit against Winston.

F$U bought their way out of a crap ton of bad PR. A million dollars was probably a small collateral cost of winning the MNC.

And Baylor's situation is different.

Pros for the plaintiff's case:
-because of the guilty verdict, Baylor would not have been able to deny the rape happened

Cons's:
-Venue would have been Federal court in Waco
-The federal district judge is double baylor 9undergrand and JD)
-Jurors in the Waco division tend to be very anti-individual
-Lots of those jurors would have had relatives who attended Baylor, were employed by baylor, or in some way wanted to see baylor win
-Most federal judges allow minimal or no jury selection- they just take the first 12

This would have been a difficult case to collect on for a plaintiff. At the same time, Baylor had a huge interest in paying hush money before a lawsuit was filed. Because the lawsuit was not filed, there was no public record.

I say the plaintiff's attorney probably did the right thing in squeezing baylor for as much as possible when the suit was worth the most.

It was probably a little easier, since in theory, the rapist was "brought to justice" and the victim was vindicated.

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Don't see a settlement price for baylor.

If not guilty cost fsu $950k, what does guilty cost baylor?

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Suit hadn't even been filed before her claim was settled. Given the high octane level of the Title IX attorneys she retained, my educated guess would be a settlement north of 2 million, with an enforceable confidentiality agreement.

Speculation, but that would be in the ball-park for that quick of a settlement and the aggravating circumstances in her case. (Scholarship athlete, hostile environment, schollie taken away, etc.)

Really doubt the attorneys got that much. Standard in Florida at that stage is 40% plus expenses. I doubt they invited $200,000 in expenses doing depos and such. The Florida bar would have some very pointed questions for that kind of split.

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Really doubt the attorneys got that much. Standard in Florida at that stage is 40% plus expenses. I doubt they invited $200,000 in expenses doing depos and such. The Florida bar would have some very pointed questions for that kind of split.

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Not positive on the actual numbers, but just relaying what I heard on the Sirius NFL channel, that is what they reported.

I"d like to see that squank District Attorney who said that there was no basis for investigation of the rape allegation "re-interviewed" on public record as to what was the depth of his investigation?? How did he arrive at his apparently, not so airtight conclusion?? It seems like a cover up from the word go to the casual observer.

I don't think FSU, and Winston particularly, ought to get away quite so easy.

Probably a decent sum to pay to prevent having athletic AD and coaches emails and text message get published in open court. It is too bad the Talahassee PD is going to get taken to task either.

I figure it's a play by the university for leniency once the federal case gets going in earnest.

Hawg-

I lack the civil background, but deal with jurors from this region.

Intuitively, 2 mil for baylor sounds high relative to F$U's settlement. Baylor is probably the 4th or 5th largest employer in this region and has a ton of local goodwill.

The Florida State victim should end up collecting vs Rapeis. In this case, it was collect against Baylor or take nothing. Rapukwu will never have any money.

The local prosecutor proved that baylor had run a sham investigation. It was just a matter of getting re-exposed over the course of a trial.

And Baylor's athletics does not generate anywhere near the coin that Free-Shoes U's do.

Would you take me through your reasoning?

(Edit- the initial post sounded argumentative- I really would like to understand how a practitioner dealing with civil cases like this do valuation)

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Hawg-

I lack the civil background, but deal with jurors from this region.

Intuitively, 2 mil for baylor sounds high relative to F$U's settlement. Baylor is probably the 4th or 5th largest employer in this region and has a ton of local goodwill.

The Florida State victim should end up collecting vs Rapeis. In this case, it was collect against Baylor or take nothing. Rapukwu will never have any money.

The local prosecutor proved that baylor had run a sham investigation. It was just a matter of getting re-exposed over the course of a trial.

And Baylor's athletics does not generate anywhere near the coin that Free-Shoes U's do.

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And everything you said (minus the nullification jury pool) supports why Baylor would settle this matter before suit was even filed. This wasn't a nuisance suit, where the insurance company throws out $25,000 to get rid of it.

This woman's case had what we called "a bad fact situation" for Baylor. The publicity over the criminal trial was bad enough, but the allegations in a civil suit would have been much broader on how the university treated this woman. It would also expose Briles, McCaw and Starr for each being POS behind the actions taken against her.

Two million would be a bargain to nip that in the bud and never let it see the light of day. Besides, it is common practice when the other side immediately starts talking settlement to throw out a high number and allow them to counter.

And Baylor has more money, or rather supporters with money, than most realize. Since they are private and not subject to FOIA, those sources can keep a very low profile.

Her attorney's could file for a change in venue.

Hawg - I think you are right on the amount and reasoning (it might have been higher actually...) and the reason I believe that is not the specific threat of the core of a lawsuit, but the fact that during the discovery part of a lawsuit, all those mid-tier AD employees, then the asst ADs, AD, asst coaches and Briles himself would have been put under oath during deposition and EVERYTHING can and would be asked about - publicly - Especially who knew what, when and the handling of past incidents (to wit - proof of a pattern) and baylol HAD to avoid that reckoning at all costs. Remember all that back and forth between Briles and Peterson, etc...

They weren't just paying this poor girl off, they paid to make sure nothing else from their sordid past comes out and endangers their coach and his current program - worth far more than $2M.

The lawyers disputed the amount they got, said the FSU prez threw that number out there to impound the suit.

Also of fun and interest, the Florida taxpayers get to pick up the majority of the bill.

http://www.tallahassee.com/story/news/2016/01/25/fsu-reaches-250k-settlement-winston-accuser/79300122/?from=global&sessionKey=&autologin=

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Also of fun and interest, the Florida taxpayers get to pick up the majority of the bill.

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FLORIDA
The "She was Asking for it State".