Jameis Winston's accuser files lawsuit against FSU

A woman who accused quarterback Jameis Winston of raping her in 2012 filed a federal lawsuit against Florida State on Wednesday, alleging that the school violated her rights under Title IX.

Filed in U.S. District Court for the Middle District of Florida, the complaint alleges that the former FSU student was subject to a sexually hostile environment and that "FSU's responses to the harassment were clearly unreasonable." The lawsuit states that the discrimination against the woman consisted of the alleged assault, risks to her safety and retaliatory threats that barred her access to educational opportunities.

The woman left FSU in November 2013 after news of the investigation became public.

Winston, who announced Wednesday that he plans to enter the NFL draft this year, was not charged criminally. After a two-day school hearing in December, former Florida Supreme Court Justice Major Harding did not find Winston responsible of any violations of the student conduct code.

The lawsuit also alleges that the woman's advocate in October 2013 "informed her that a second woman had come forward and reported being raped by Winston." At the time, the woman indicated she would participate in disciplinary proceedings related to the other woman's case, the complaint states. The lawsuit does not include any other details.

David Cornwell, Winston's advisor, declined to comment publicly to USA TODAY Sports.

The woman, who filed the complaint under Jane Doe, requested a jury trial and is seeking unspecified damages, including reimbursement for tuition and related expenses, expenses incurred in response to the alleged rape and damages for pain and suffering. Her complaint also seeks to require FSU to comply with Title IX.

Florida State president John Thrasher released a statement that said, in part, "After a year of selective news leaks and distorted coverage, Florida State looks forward to addressing these meritless allegations in court. Evidence will show that through its confidential Victim Advocate Program, FSU did everything the plaintiff asked for and that the assertions FSU shirked its Title IX obligations are false.

"FSU did not ignore the complainant or its obligations under Title IX."

The complaint alleges not only "deliberate indifference" by the university in regards to its response to the woman's report but a potential cover-up by the athletic department and the school.

The woman reported to FSU police early on the morning of Dec. 7, 2012, that she had been raped at the apartment of an unknown male she met at Potbelly's, a local bar. She submitted to a sexual assault evidence exam, and she gave her report to Tallahassee police.

She identified Winston as her alleged attacker in January 2013 but approximately a month later, Tallahassee police moved the case to open/inactive.

FSU has previously acknowledged that athletic department officials were aware of the rape allegation against Winston in January 2013 but did not notify the Title IX coordinator or the Office of Student Rights and Responsibilities.

According to the complaint, after the athletics department was contacted by Tallahassee police in January 2013, it held meetings with "high-ranking FSU athletics department and football officials, Winston, and Winston's lawyer." It asserts that Monk Bonasorte, senior associate athletic director and the administrator in charge of football, and head coach Jimbo Fisher were there.

The complaint says on that date that Bonasorte made two phone calls to a number registered to Candice Fisher, the coach's wife, and then to Tim Jansen, an attorney who would represent Winston during the criminal investigation. Within an hour of first calling Candice Fisher's phone, Bonasorte made seven phone calls to that number and to Jansen.

The complaint alleges FSU had knowledge of the alleged sexual assault that should have triggered a Title IX response both in December 2012, when the woman first reported to FSU police, and in January 2013, when the athletic department was aware of the allegation.

During the spring and fall 2013 semesters, the complaint states no one from FSU's administration or Title IX office contacted the woman about an investigation, disciplinary proceedings or interim protective measures.

Thrasher's statement refuted that, saying FSU reached out to the woman at least nine times in 20 months to get a statement for the investigation.

News of the allegation became public in November 2013 after news media outlets requested reports from Tallahassee police. Those reports were supplied to FSU police chief David Perry, who sent them to Bonasorte.

Around that time, Perry contacted Jeanine Ward-Roof, FSU's dean of students at the time, according to the complaint. On Nov. 12, 2013, Ward-Roof emailed Perry, informing him "about the second student accusing Winston of sexual assault and assured Chief Perry that an SRR Code of Conduct proceeding against Winston for raping Plaintiff would not move forward."

Ward-Roof, who was responsible for overseeing the Title IX coordinator, Office of Student Rights and Responsibilities and victim advocate program, has since left the university.

Ward-Roof did not immediately response to a message from USA TODAY Sports.

Melissa Ashton, director of FSU's victim advocate program, told Pat Carroll, the woman's former attorney, that the woman indicated during the fall of 2013 that she wanted to proceed with a Title IX investigation, according to the complaint.

FSU officials interviewed the woman in August. They notified Winston in October that he would face a student conduct code hearing.

FSU retained former Florida Supreme Court Justice Major Harding to conduct the hearing, which he held Dec. 2-3.

In a ruling issued in December, Harding said he considered accounts given by the woman, witnesses, Winston and more than 1,000 of documents.

"In light of all the circumstances, I do not find the credibility of one story substantially stronger than that of the other," Harding wrote to Winston. "Both have their own strengths and weaknesses. I cannot find with any confidence that the events as set forth by you, (the woman), or a particular combination thereof is more probable than not as required to find you responsible for a violation of the Code."

The woman can appeal Harding's finding.

The woman's complaint comes as Florida State remains under investigation by the Department of Education's Office for Civil Rights. She filed a complaint in March with OCR, which opened an investigation in April.

FSU is one of more than 90 schools under investigation by OCR.

The lawsuit faces a higher legal hurdle in determining if FSU complied with the law than it will face in OCR's administrative proceedings, said Erin Buzuvis, a Title IX expert and professor of law at Western New England University.

The woman would have to show that FSU knew of the harm against her and responded with deliberate indifference.

"In general, I would expect her to try to make the case that the university didn't follow proper procedures in the context of the hearing and the response in general," said Buzuvis.

"Usually these cases, because deliberate indifference is such a high hurdle, a school can get away with a tepid response and still have it be something on the right side of the line. When you're talking about a non-response, absolute failure to move it up the chain for a significant period of time, that is something that if proven true that could conceivably meet that standard."