I want you guys to understand what's going on here. There are two different investigations.
The first is an internal FSU investigation regarding the rape. Title IX requires schools to promptly and thoroughly investigate such claims and resolve them in about 60 days. The burden is "preponderance of the evidence" which means more likely than not.
The second is a DOJ investigation of FSU to see if FSU did in fact comply with Title IX.
The internal investigation has a low burden of proof but it had equally low punishment powers. Chris Casher (who admitted to videotaping the incident) was put on probation for a year. Basically nuthin. The other "witness" got off scot free. So what might happen to Winston as a result? If they decide it is more likely that he didn't rape her, nothing. If they decide it is more likely that he did rape her, the most they can do is expel him (in which case he sues them and probably gets an injunction allowing him to remain enrolled until the case is resolved). I don't know what FSU is going to do here, but the pressure is going to be on them to rule in Winston's favor.
The DOJ investigation is likely to determine that FSU failed to act in accordance with Title IX requirements. You have the decidedly unthorough investigation, a meeting with Winston without the victim being able to rebut, the long delay, etc. In its defense, FSU claims the victim decided not to cooperate with the internal investigation, hence the delay. On the other hand, this lack of cooperation is likely due to FSU clearly trying to sweep this under the rug. I think FSU loses here but what does that mean? The absolute worst the government can do is cut off funding. No death penalty. It can't take away wins or bowl games or scholarships, can't put a team on probation or suspend any coaches or players. Title IX is all about federal funding. Schools receiving federal funding have to yada yada yada. Cutting such funding has never happened in the past, despite some egregious cases (remember the Colorado case?). The typical punishments are like coming up with a new protocol for dealing with accusations, hiring some staff, reporting requirements, etc.
