Sean Rossman, and Byron Dobson

Tallahassee Democrat

Facing a mounting $1.7-million legal bill, Florida State University decided to settle with Erica Kinsman, a former student who accused former FSU quarterback Jameis Winston of rape.

The $950,000 lump sum payment is the largest ever Title IX discrimination settlement to a single plaintiff claiming a university's "indifference" to a sexual assault, according to the Boulder, Colorado-based law firm representing Kinsman, Hutchison Black and Cook. FSU President John Thrasher signed the settlement on Monday. A filing in the Tallahassee-based United States District Court for the Northern District of Florida said the settlement must be final no later than Feb. 12.

As part of the settlement, Kinsman agreed to drop her title IX lawsuit against the school. The settlement states she will receive $250,000 and her attorneys will receive $700,000. It also comes with a 5-year commitment from FSU to implement "sexual assault awareness, prevention and training programs," her lawyers said. FSU also will produce reports each of the next five years "about its programs to deter and address campus sexual assault."

Despite the out of court settlement, it appears the case didn't end amicably.

One of Kinsman's attorneys, John Clune, said the settlement numbers don't reflect the actual amounts attorneys and Kinsman will receive. Clune would not disclose exact figures due to attorney-client privilege, but said lawyers "are not taking anywhere near" the $700,000 amount. Kinsman, he added, will "definitely" get more than $250,000.

He criticized Thrasher for releasing the settlement amount in a Monday statement to the media, knowing that the final breakdown will be different.

"FSU used that breakdown to justify its large payment to Ms. Kinsman and do not reflect the actual attorney fees on the case, which are far lower than Thrasher’s misrepresentation," Clune said. "We are sorry to see President Thrasher taint an otherwise healthy resolution for both sides."

The actual settlement amount is dwarfed by what the university spent in legal fees: A whopping $1.7 million to the McGuireWoods law firm in Jacksonville.

Thrasher said the university agreed to the settlement to avoid millions of dollars in additional litigation expenses.

“Although we regret we will never be able to tell our full story in court, it is apparent that a trial many months from now would have left FSU fighting over the past rather than looking toward its very bright future," Thrasher said in his statement. "We have decided to instead move forward even though we have full faith that the ultimate outcome of a trial would have been consistent with the previous law enforcement investigations and retired Supreme Court Justice Major Harding’s findings in the student conduct hearing."

The settlement will be paid out of the state of Florida's risk management fund, the university said. The university's legal fees will be paid with $421,000 from the fund and about $1.3 million generated by Seminole Boosters through licensing, concessions and gifts shop revenues. The settlement will not need legislative approval, said FSU spokeswoman Browning Brooks.

Donations to the Boosters — a fundraising arm of the university — will not be used to pay the legal bill, said David Rancourt, Boosters chairman.

"Seminole Boosters supports President Thrasher's ardent defense of Florida State University and the business decision to resolve this suit and move forward," Rancourt said.

Kinsman filed the lawsuit in January 2015, claiming the university displayed a "clearly unreasonable response" to her allegation that Winston raped her at his off-campus apartment in the early morning hours of Dec. 7, 2012. She claimed a "hostile educational environment" was created once the allegation was made public in November 2013 and that the university's "deliberate indifference" to her situation led to emotional distress, an inability to finish school and loss of future earnings.

The university is still under investigation by the U.S. Department of Education's Office of Civil Rights. The federal investigation focuses on FSU's handling of the case and its Title IX compliance. The settlement acknowledged FSU "has made substantial reforms to its Title IX awareness and processes" by creating a sexual violence task force, the "kNOw MORE" sexual violence prevention initiative and hiring a full-time Title IX coordinator.

The university also has published a Victims' Rights and Resources handbook to educate all students on available services and added six campus safety positions related to Title IX and sexual violence. The university requires incoming freshmen take an online course about making informed choices on sex and relationships. It also has established a men's peer group called Men Advocating for Responsible Conduct and a co-ed faction called NOLE More.

Since April 2014, Thrasher said, there have been more than 100 training sessions on campus related to sexual assault and how to prevent it.

"We have increased our institutional commitment to tackle this complex problem," Thrasher said. "There should be no doubt that Florida State is serious about fighting sexual assault."

Orlando attorney David B. King, who also represented Kinsman, said it was a "good resolution" to the case because they recovered damages and made changes at FSU.

"We’re always interested in a good resolution of our clients’ claims," King said. "Fortunately, FSU was willing, and it made sense to them, to make this case go away."

Kinsman is "grateful" to reach a settlement in the FSU case, her attorneys said.

"I'll 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. My hope is that the federal investigation of my complaint by the Office of Civil Rights will produce even more positive change, not just at FSU, but across the country."

Winston was drafted first overall by the Tampa Bay Buccaneers in last year's NFL Draft. Kinsman left FSU and will graduate this spring with a degree in mass communications from another university, her attorneys said. Kinsman has filed a separate civil lawsuit against Winston in Orlando.

Clune said neither side was more motivated to settle than the other. Both he and King declined to disclose which party initiated the settlement.

"I'm happy with the result," Clune said. "It's always a trade-off to not have your client see their day in court and continue to dig into the deeper issues of what we were finding at FSU."

Clune also took a jab at the university's athletic department, a nod to accusations that FSU football players receive special treatments during their run-ins with the law.

"I think they've made some great steps," Clune said. "The concern that I would have at FSU is whether or not FSU really has control over what happens in the athletic department."

Kirby Dick and Amy Ziering, the makers of "The Hunting Ground," a documentary focusing on rapes on college campuses and which featured Kinsman, said in a statement the settlement is "a win for survivors everywhere."

"Through her bravery, resilience and integrity, Erica was able to transcend her traumatic experience, stand up to FSU's institutional betrayal and show other sexual assault survivors they no longer have to remain silent," they said.

Contact Sean Rossman atsrossman@tallahassee.com or follow@SeanRossman on Twitter. Contact Byron Dobson at bdobson@tallahassee.com or on Twitter @byrondobson.

Timeline of events in rape allegation against Jameis Winston:

- Dec. 7, 2012: Then a redshirt-freshman, Jameis Winston allegedly rapes Erica Kinsman at his off-campus apartment. The Tallahassee Police Department responds.

- Jan. 10, 2013: Kinsman calls TPD and identifies Winston as a suspect.

- November 2013: News that Winston is named in a sexual-assault case is made public.

- December 2013: State Attorney Willie Meggs declines to press charges against Winston, citing a lack of evidence.

- April 2014: The U.S. Department of Education's Office of Civil Rights initiates a Title IX investigation of FSU's handling of the case and its Title IX processes.

- December 2014: Winston is cleared of wrongdoing in a university Student Code of Conduct hearing.

- January 2015: Kinsman files a Title IX lawsuit against the Florida State University Board of Trustees.

- April 2015: Kinsman files a civil lawsuit against Winston, claiming rape, assault, emotional distress and false imprisonment.

- Jan. 25, 2016: Kinsman reaches $950,000-settlement with FSU.

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