Jameis Winston still under fire for rape allegation

As a federal investigation into the handling of sexual assaults at Florida State is being conducted, the future of star quarterback Jameis Winston is in question.

A state attorney's investigation concluded in December there was not enough evidence to bring criminal charges against Winston, who was accused of raping a woman in December 2012. In January, Florida State conducted a sexual assault inquiry, in which two of Winston's teammates were found to have violated the student code of conduct for their role in the incident.

But a lawyer for the woman who said she was raped by Winston said Thursday that he was informed the school suspended its investigation, at least in part, because of Winston's unwillingness to cooperate. As a result, Baine Kerr, a high-profile Title IX attorney representing the woman, told USA TODAY Sports he wrote a letter to FSU earlier this month stating his objections to their investigation and calling for Winston to be charged under the school's code of conduct policy.

"The university took the position that since he refused to respond to questions, they could not make any Title IX findings," Kerr said. "We have objected to that as impermissible reason to delay or terminate a Title IX sexual assault investigation because that would permit any charged party to thwart an investigation simply by refusing to answer questions."

Experts say Winston declining to answer questions is not sufficient to absolve the school of its responsibilities to investigate sexual assaults, which are considered a form of sexual harassment under Title IX. They suggested although it would be possible for the Department of Education's Office for Civil Rights (OCR) to intervene in the adjudication of a case, it would be unlikely.

"The law is not supposed to operate in a way to reward people who don't cooperate with either criminal or civil investigations," said Erin Buzuvis, a professor of law at Western New England University and a Title IX expert. "It's just bizarre to think that would result in, 'Oh, I guess we just can't do anything.' Who would ever cooperate with anything?"

Through his attorney, Winston has denied any wrongdoing and says the sexual encounter was consensual.

The woman who alleged she was raped by Winston on Dec. 7, 2012, filed a complaint with OCR last month. USA TODAY Sports first reported two weeks ago that the school is under investigation by OCR for its handling of sexual assaults.

Winston met with school officials regarding the alleged assault in late January, after the Seminoles finished their unbeaten season and more than a year after the woman first reported to police. On the advice from his lawyer, Winston refused to answer any questions, said Kerr.

A Florida State spokeswoman declined comment to USA TODAY Sports, citing state and federal privacy laws.

Guidance from OCR says schools still "should take all reasonable steps to investigate and respond to the complaint" even if the complainant requests confidentiality or does not want to pursue an investigation. Just as those types of requests don't absolve schools of their responsibilities under the law, neither should lack of cooperation from the accused student.

Kerr has maintained that his client has been cooperative throughout the process and he has offered to provide her statements made to police as well as make her available to provide information for further investigation.

"Just because some parties don't cooperate doesn't mean they need to stop their investigation," said Kristine Newhall, a lecturer at the Isenberg School of Management at UMass-Amherst. "That doesn't make any kind of sense morally, ethically, legally."

It is on those grounds that Kerr is calling for Florida State to proceed with student code of conduct charges against Winston, who could be disciplined from reprimand up to expulsion if he is found responsible.

"We expect that they will change their position," Kerr said. "We expect those charges will be forthcoming."

It's unclear what role, if any, OCR investigation would play in that. While OCR could order FSU to reexamine sexual assault cases if Title IX violations are found, it is not under any obligation to compel a review of Winston's case.

OCR did take such an action in October after a compliance review of the State University of New York system, ordering four schools to reexamine complaints "to determine whether each complaint was handled appropriately."

SUNY was required to report any corrective actions, which might have included "individual remedies for students," to OCR.

Far more likely if OCR finds violations in the way FSU handled sexual assault cases would be changes in policy as part of a resolution agreement as well as monitoring by the office to ensure the school is complying with the changes for a period of time afterward.

The woman in the Winston case has received notice that Chris Casher and Ronald Darby were charged with five violations of the student code of conduct. Their cases are pending.

The woman told police Casher asked Winston to stop sexually assaulting her, although Casher and Darby provided sworn affidavits through Winston's attorney that they witnessed a consensual sexual encounter between Winston and the woman. Casher also admitted video recording Winston and the woman.

Each is charged with "conduct of a sexual nature that creates an intimidating, hostile, or offensive environment for another person" and "acts that invade privacy of another person." Casher is also charged with "recording images without consent."

The charges against Casher and Darby and Winston's lack of cooperation were first reported by Deadspin.

Per the student conduct code, the woman has been offered an information session where she can review materials related to the cases of Casher and Darby, receive instruction regarding the process and confirm where the case will be heard.

Kerr said he informed the school his client would like that meeting to be set up as soon as possible and that he also requested one be held for Winston.

Citing federal privacy laws, FSU has not commented on its handling of any investigation it conducted into the alleged assault. The school issued a response Wednesday after The New York Times detailed the investigative failings of the school and Tallahassee police.

The statement said, in part, "FSU's Title IX/Code of Conduct process has worked well for the vast majority of sexual assault cases. The process has provided victims with the emotional and procedural help they need, and the university has handled dozens of cases over the years that have resulted in the discipline of respondents."