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Lawsuit seen likely against FSU’s Jameis Winston

By WTOP Staff

CURT ANDERSON
AP Legal Affairs Writer

MIAMI (AP) — Jameis Winston avoided criminal charges after a woman said he sexually assaulted her. But the Florida State quarterback can’t seem to move on from the case as a possible civil lawsuit and potential punishment from the university looms ahead.

The bottom line: it’s not over.

Legal experts say the woman has four years from the December 2012 encounter to file a lawsuit against Winston, the 2013 Heisman Trophy winner and current leader of the top-ranked and defending national champion Seminoles. The case could also be settled out of court.

That could mean that she’ll seek a chunk of the millions of dollars he could command in a future NFL contract. Winston has made no decision about his timing on the draft, but could decide to declare next year.

“I’m not sure that she will ever lose her leverage until the statute of limitations runs out,” said David S. Weinstein, a former federal prosecutor now in private practice in Miami.

One of the woman’s attorneys, Baine P. Kerr, said in an email that there are “no ongoing settlement discussions at this time” with Winston and that he couldn’t comment at this time about a lawsuit for sexual battery.

Attorney David Cornwell, who is acting as a legal adviser to the Winston family, said in an email Thursday that he fully expects a lawsuit, characterizing it as “a shakedown of a 20-year-old student” by the woman and her attorneys.

“Jameis had consensual sex” with the woman, Cornwell said. “There will be no settlement.”

Winston also is being investigated by Florida State for a possible student code of conduct violation and the U.S. Department of Education’s Office of Civil Rights is looking into how the Florida State handles sexual assault cases.

Winston was not charged in the sexual assault case in December 2013 by Florida prosecutors, who cited inconsistencies and flaws in the evidence and in the woman’s memory. Winston has denied any wrongdoing but the accuser’s family and previous attorney sharply criticized the quality and timing of the investigation.

The Associated Press has not named Winston’s accuser because it does not typically identify people who say they are victims of sexual assault. The woman has not made her name public.

Weinstein pointed out that in a civil lawsuit, the standard of proof is a preponderance of the evidence — essentially, more likely than not — rather than the much tougher standard needed to convict in a criminal case. There, it must be clear that a case can be proven beyond a reasonable doubt.

In Florida State’s investigation, Winston could be subjected to a broad range of penalties ranging from a reprimand to expulsion from the university — and from the football team. That’s assuming he remains in school and does not declare for the 2015 NFL draft after this season.

“While Winston is in school, the hearing board has real teeth,” said Robert Jarvis, a Nova Southeastern University law professor. “Once Winston leaves school, the hearing board loses much of its teeth.”

Kerr said the woman has already been interviewed by a university board and that results should be finalized soon. “There are no reasons it should not move forward expeditiously in the coming weeks,” he said.

Citing student confidentiality laws, Florida State has not commented on the investigation or its timing.

Winston can appeal any conduct violation and remain a Florida State student until that runs its course, according to the school’s code of conduct documents. A violation could also affect whether Winston could ever obtain his college degree from the university, legal experts said.

“That’s going to affect him more after his career is over,” Weinstein said.

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Associated Press writer Kareem Copeland in Tallahassee, Florida, contributed to this story.

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Follow Curt Anderson on Twitter: http://twitter.com/Miamicurt

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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