How can universities prevent student-athletes from committing sexual assault or rape? Does the revenue-producing and spectator-driven nature of D-I athletics place significant pressure on legal counsel, athletic directors, and/or coaches to cover up misconduct by student-athletes who participate in sports such as football and basketball? Significant media attention has focused on former Florida State quarterback Jameis Winston, who was accused of sexual assault. Winston was not criminally prosecuted, and a student conduct hearing determined there was inconclusive evidence Winston was guilty of rape or sexual misconduct, but OCR is currently investigating whether the university responded appropriately when it became aware of the allegations. The alleged victim has also filed a civil lawsuit against Winston (see Kinsman v. Winston, 6:15-cv00696-ACC-GJK (Mid. Dist. Florida)). What are the difficulties in successfully prosecuting successful athletes? Are personal liability lawsuits the only way to achieve justice in these situations?
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