Tough call at No. 1: Winston declares for draft, while Florida State gets hit with suit

TAMPA -- On the same day Jameis Winston declared for NFL Draft, a woman who accused the Florida State quarterback of raping her filed a federal lawsuit claiming the school did not properly investigate her claim and intentionally did not follow its own Title IX policies.

The suit is against the school, not Winston, but contains potentially damaging information regarding the character of the redshirt sophomore who has come under heavy criticism for behavior not pertaining to the sexual assault.

The lawsuit raise questions on how this would affect Winston in the 2015 NFL Draft, which begins April 30. The lawsuit was filed Wednesday several hours after Winston announced for the draft. The attorneys for the plaintiff said the timing was coincidental.

The Tampa Bay Buccaneers have the first pick in the draft and reportedly want to select a quarterback, either Winston or Oregon's Marcus Mariota, this year's Heisman Trophy winner.

The Bucs are thought to be riding the fence with a belief that Winston is more NFL ready because he plays in a pro-style offense and has a stronger arm than Mariota.

But Winston's character has been a lightning rod for critics.

With a new NFL policy that is focused on domestic violence and sexual assault, it raises questions on whether he is just too risky to spend on a high draft choice.

Winston was not charged in the case or in a subsequent school code of conduct hearing. In both instances, he was not exonerated, but the school and state attorney's office issued similar statements that they did not have enough information to find him guilty or bring charges.

Retired Florida State Supreme Court Chief Justice Major B. Harding, who handled the school conduct case, wrote that he did not find the credibility of one story substantially stronger than that of the other.

But in today's NFL, the allegation might be enough to get a player suspended, particularly in light of the graphic descriptions claimed by the accuser of what exactly happened to her.

"After weighing this decision with my family and friends, I have decided to declare for the 2015 NFL Draft and forgo my remaining eligibility at Florida State," Winston said in a statement released through his representative, the Legacy Agency. "I reached this very difficult decision after careful consideration and long thought, realizing how difficult it would be to say goodbye to my family at Florida State. I am eternally grateful for the opportunity to wear the garnet and gold and have greatly enjoyed my time as a Seminole, both as an athlete and a student in the classroom."

In her lawsuit, the accuser argued that her safety was threatened and she became a target of death threats forcing her to leave FSU after her charges became public.

The lawsuit also claims that a second woman came forward and said she was raped by Winston and the school did not properly investigate the charges.

In her lawsuit, the woman claims she said "no, no" and "please stop" over and over, but Winston continued to rape her. Winston claims the act was consensual.

The lawsuit claims that Ronald Darby, Winston's roommate and an FSU football player, told Winston, "Dude, she is telling you to stop." It was then she said Winston picked her up and took her into the bathroom and continued to rape her.

The lawsuit follows reports by Fox Sports and the New York Times about how FSU football players are coddled by school officials and local police.

Fox said FSU officials and police took steps to hinder the rape investigation. The New York Times said "the treatment of the Winston complaint was keeping in the way the police on numerous occasions have soft-peddled allegations of wrong doing by the Seminoles football players."

The suit alleges that FSU head coach Jimbo Fisher and officials in the athletic department withheld the allegations against Winston from the school's Title IX coordinator and Office and Student Rights and Responsibilities.

The accuser could also file a suit against Winston, though she has not done so.

"I don't care about football or money or (Winston's career). I just want the truth to be heard," the woman said in transcripts released following the school conduct hearing.

The debate will be intense and involve knowledgeable people from both sides of the argument.

Already two of the greatest Bucs of all time, former head coach Tony Dungy and Pro Football Hall of Famer Derrick Brooks, have different opinions on what the Bucs should do.

Dungy feels so strongly he has made a public appeal pleading for the Bucs to take Mariota.

A former FSU star, Brooks reportedly is making a case for Winston and would be involved in keeping on an eye on the quarterback off the field.

This story was originally published January 7, 2015 at 12:00 AM with the headline "Tough call at No. 1: Winston declares for draft, while Florida State gets hit with suit."