Last night, CNN aired a documentary called “The Hunting Ground.” It’s posited as a film that delves into the systematic problem of sexual assault and rape on campus, and since it was first shown at the Sundance Film Festival in January of 2015, it’s been making waves. But in light of last night’s national airing, it may have just hit a seriously high-profile legal controversy. Tampa Bay Buccaneers QB Jameis Winston may be threatening to sue CNN for the documentary’s coverage of rape allegations against him when he was a student at Florida State University.

Jameis Winston played for Florida State University and won the Heisman trophy before being drafted by the Tampa Bay Buccaneers as a first round draft pick for the 2015 season. In December 2012, he allegedly raped another student named Erika Kinsman. While he was never charged, the investigation that followed was high profile, controversial, and messy. In fact, the New York Times claims that there was “virtually no investigation at all,” and also slammed Florida State for its handling of the allegations in a scathing investigation of the case.

Since the criminal portion of the case was put to rest, both Kinsman and Winston have sued each other. Kinsman sued Winston in April 2014 for the damage caused by the alleged assault, and he countersued her for defamation and other allegations the next month. Their suits have now been combined and will be heard in May 2017.

It’s within the context of this extensive legal back-and-forth, and Winston’s first NFL season, that “The Hunting Ground” is making headlines. The film features Kinsman talking about the alleged rape at FSU. Additionally, the film implies that Winston received preferential treatment during the investigation. Winston’s lawyers essentially threatened CNN with legal action if it actually showed the documentary. CNN’s Jeff Zucker received a letter that stated:

We are writing to formally caution CNN that the portions of the film ‘The Hunting Ground’ pertaining to Mr. Winston are false and defamatory to Mr. Winston. We urge CNN to reconsider the reckless decision to proceed with the broadcast of this deeply-flawed documentary in the face of the overwhelming evidence the film’s producers consciously and intentionally failed to adhere to any accepted journalistic standards.

“The Hunting Ground” has had plenty of other criticism levied against it–last week 19 Harvard professors (Harvard is one of the other schools featured in the documentary) claimed that the documentary distorted how it handled a sexual assault case.

Regardless of Winston’s threats, the documentary did air last night, so we’ll have to see if those threats of legal action were serious. And given the fact that not everyone seems happy with the documentary’s content and handling of certain cases, there may be more lawsuits down the road.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Within the past few years there have been multiple cases of athletes putting their hands on women and suffering the consequences. Baltimore Raven’s running back Ray Rice and Texas Tech football player Nigel Bethel II both recently assaulted women and were dismissed from their teams. But most recently, Florida State University’s Quarterback De’Andre Johnson has made the news after an altercation with a young woman at a bar.

On June 24th at a night club called “Yiannis,” 19-year-old Johnson was caught on video shoving past a woman–a 21-year-old FSU student–waiting in line for her drink as he made his way to the front of the bar. The two then began to argue and the woman proceeded to hit him in the face. Johnson grabbed her arm and punched her across the left side of her face.

According to the Tallahassee Police Department incident report, the woman had bruises near her left eye, swelling of the left cheek and upper lip, and a small cut near the bridge of her nose. Jose Baez, Johnson’s well-known criminal defense and trial attorney stated on Monday:

While it is clear from the video that De’Andre Johnson was not the initial aggressor, his family wants to take the lead in helping him learn and grow from this experience. He is currently participating in community service and faith-based programs focused on battered women, substance abuse and the empowerment of children…De’Andre is extremely embarrassed by this situation and would like to express his heartfelt apologies to everyone, including those who were directly affected, Coach Fisher and his teammates, the entire Florida State University community, as well as his family and friends.

The Florida State Seminoles head coach Jimbo Fisher announced that Johnson had been suspended indefinitely from the FSU football program on June 25th. This week, just hours after the state’s attorney’s office released the video, Coach Fisher dismissed the freshman quarterback from the team. Johnson, who was named Florida’s “Mr. Football” as a senior at First Coast High School in Jacksonville was charged with misdemeanor battery. He turned himself in to Tallahassee police on June 30th and was released on a $500 bond. According to FSU’s athletics policy, if a student-athlete is charged with a misdemeanor or felony, or convicted of a misdemeanor offense, the department makes a decision on discipline on a case-by-case basis.

This is not the first time an FSU football player has been in the headlines due to trouble off the field. Jameis Winston, the former Florida State University quarterback-turned-top NFL draft pick, was accused of rape in 2012. Winston claimed the charges were false and they were eventually dropped. It does not seem that Johnson will be as lucky as Winston was.

While this might seem like a straightforward case of yet another instance of violence from a promising young football player, there is another thing worth noting–a double standard. Although Johnson was obviously very much in the wrong, the woman who hit him has not yet been charged. I have always been a firm believer that no man should ever put his hands on a woman, but I am also a believer that no woman should put her hands on a man, and I’m not alone.

I think De’andre Johnson should be kicked out of FSU and charged with battery, but the woman (clearly the aggressor) should be charged too..

— Marcus Aurelius (@marcusjordandoe) July 7, 2015

Everyone deserves to be punished if they behave inappropriately and violently. The student who was hit should be charged for hitting him as well–regardless of the high profile nature of this case, respect should still be key. Obviously, Johnson’s behavior was completely over the line here; by putting his hands on the woman he lost the respect of many and a promising future. Violence is never the answer–that’s a lesson worth repeating again and again.

Taelor Bentley

Taelor is a member of the Hampton University Class of 2017 and was a Law Street Media Fellow for the Summer of 2015. Contact Taelor at staff@LawStreetMedia.com.

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It was difficult to discern reality from fantasy in Tallahassee last winter. Jameis Winston, the college football phenom who was leading Florida State to an undefeated season, was dealt a hard dose of real word problems when he was investigated for sexual assault in November.  If charged, he would likely face suspension, and FSU’s dream of becoming national champions would remain fantasy. In December however, Winston was cleared and no charges transpired. The following week, Winston won the Heisman Trophy, and a few weeks later he led his team to a dramatic victory to claim the national championship. It appeared that reality was indeed sweet, and the rape investigation was simply a bad dream. Or was it?

On April 3, the Federal Department of Education (DOE) announced that they would be investigating FSU for whether they improperly handled the Jameis Winston sexual assault case. Under the landmark legislation known as Title IX, universities are required to “promptly investigate” reports of sexual assault. FSU may not have investigated quickly enough, according to the DOE.

FSU’s alleged failings were highlighted on April 16, when the New York Times published an article detailing the missteps of both the University and the Tallahassee Police Department, and charging that the University didn’t investigate when they initially found out about the alleged incident in January 2013.

FSU fired back at the New York Times, claiming in part that “no university official outside the Victim Advocate Program received a report from any complainant naming Winston prior to when the allegations were made public in November 2013.” At first glance, the statement would seem to exonerate the University. On closer inspection, a rather high burden is placed on the victim in order for FSU to comply with Title IX. Must a university official receive a report from the complainant in order to investigate? Must an accuser be named in order to investigate?

A cursory look at the DOE’s guidelines on sexual assault suggest no. In fact, the following line seems to suggest that schools err on the side of caution:

“…if a school knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred…”

It is possible that Winston’s accuser failed to tell anyone employed by the University about her assault. After all,Tallahassee police primarily handled the report because the incident happened off campus. I called both the Tallahassee Police Department and the Florida State University Police Department (FSUPD)  to follow up on this matter. I asked if there is a policy requiring that arresting officers, whether employed by the school or by the city of Tallahassee, notify the University upon arresting an enrolled student. FSUPD responded that it is practice for all officers to report student-arrests to the University, at which point the University handles any academic penalties according to the student conduct code.

Is it possible that Tallahassee Police report to the University only student-arrests and not allegations of sexual assault on students? The logic behind such a policy may be difficult for DOE investigators to understand, as would the general excuse that although the Tallahassee Police Department knew of a fairly detailed sexual assault accusation on an FSU student since December 2012, the University did not know until the following November.

In the ensuing months, one if not both institutions will be to blame. Either the Tallahassee Police failed to tell FSU, or FSU failed to investigate when they were told by police. If it’s the latter, expect harsh penalties from both the Department of Education and the NCAA. If FSU football thinks they’ll avoid that reality, they better wake up.

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Andrew Blancato (@BigDogBlancato) holds a J.D. from New York Law School, and is a graduate of the University of Massachusetts, Amherst. When he’s not writing, he is either clerking at a trial court in Connecticut, or obsessing over Boston sports.

Featured image courtesy of [Zennie Abraham via Flickr]

Andrew Blancato

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