A Florida State investigative hearing into whether an alleged sexual assault involving quarterback Jameis Winston violated the student conduct code has been delayed to Dec. 1, a person involved in the process told USA TODAY Sports on Wednesday.
The person requested anonymity because specifics of the hearing are to remain confidential.
Whether Winston is found responsible or not for any student conduct code violations, the delay means that decision might not be made until the Seminoles are in the College Football Playoff. FSU's conduct code says a decision letter will be sent to the student within 10 class days from the conclusion of the hearing but allows for more time "if additional consideration of evidence and deliberation is required."
The last day for fall semester final exams is Dec. 12 and spring semester classes begin on Jan. 7.
If the hearing concludes on Dec. 5 or later, any decision might not be rendered until after the national championship game. A period of 10 class days from that date would mean a decision would not be due until Jan. 13, one day after the championship game.
Florida State is ranked No. 3 in the latest College Football Playoff Top 25 that was released Tuesday. The top four teams qualify for the playoffs.
FSU notified Winston and the former female FSU student who said Winston raped her on Nov. 4 that the hearing would be scheduled for the week of Nov. 17. David Cornwell, an attorney advising Winston, sent a letter to the school and attorneys for the woman on Nov. 6 requesting a delay in the hearing, which was scheduled to begin nearly two years after the woman first reported to campus police on Dec. 7, 2012.
The hearing was delayed after a conference call on Wednesday.
FSU retained Major Harding, a former Florida Supreme Court judge and its chief justice from 1998 to 2000, to conduct the investigative hearing. He will use the same university procedures as internal hearing officers and panels, meaning he will produce a detailed findings of fact, determine if the student conduct code had been violated and, if appropriate, decide on a sanction.
Harding, 79, will determine if Winston violated any of four sanctions of the student conduct code. Two potential violations relate to sexual misconduct and two more to endangerment, according to an Oct. 10 letter FSU sent to Winston.
Attorneys for the woman and Winston have raised concerns about the process. Cornwell sent letters to FSU in September and October questioning the timeliness of the investigation and whether the hearing process would protect his client's due process rights.
FSU officials first interviewed the woman on Aug. 6. It is not clear whether Winston has been interviewed by the school related to the case. He declined to make a statement when the university's Title IX office met with him on Jan. 24.
John Clune, a Title IX attorney for the woman, said earlier this month that to his knowledge Winston had not been interviewed. In late September, Cornwell said Winston would cooperate with the inquiry.
The investigation comes after a lengthy delay. In a timeline of its handling of the case, FSU said the athletic department was aware of the allegation in January 2013, a month after the woman reported to police, but did not notify the Title IX coordinator or the Office of Student Rights and Responsibilities.
In that timeline, FSU said it tried to contact the woman in November 2013 but was "told by her local attorney to cease all contact with her client." Since the spring, Clune and Baine Kerr, who is also a Title IX attorney, have said their client will cooperate with a university investigation.
Guidance from the Department of Education's Office for Civil Rights says schools should conduct investigations into reported sexual assaults in a "prompt, thorough and impartial manner." They should typically seek to resolve cases within 60 days.
The timeliness of Florida State's response as well as its handling of the disciplinary proceedings will be considered as part of an ongoing Title IX investigation by OCR. That office opened an investigation in April after the woman filed a complaint in March.
Both Winston and the woman have the right to appeal the decision within five class days of being notified of the hearing decision.
The person requested anonymity because specifics of the hearing are to remain confidential.
Whether Winston is found responsible or not for any student conduct code violations, the delay means that decision might not be made until the Seminoles are in the College Football Playoff. FSU's conduct code says a decision letter will be sent to the student within 10 class days from the conclusion of the hearing but allows for more time "if additional consideration of evidence and deliberation is required."
The last day for fall semester final exams is Dec. 12 and spring semester classes begin on Jan. 7.
If the hearing concludes on Dec. 5 or later, any decision might not be rendered until after the national championship game. A period of 10 class days from that date would mean a decision would not be due until Jan. 13, one day after the championship game.
Florida State is ranked No. 3 in the latest College Football Playoff Top 25 that was released Tuesday. The top four teams qualify for the playoffs.
FSU notified Winston and the former female FSU student who said Winston raped her on Nov. 4 that the hearing would be scheduled for the week of Nov. 17. David Cornwell, an attorney advising Winston, sent a letter to the school and attorneys for the woman on Nov. 6 requesting a delay in the hearing, which was scheduled to begin nearly two years after the woman first reported to campus police on Dec. 7, 2012.
The hearing was delayed after a conference call on Wednesday.
FSU retained Major Harding, a former Florida Supreme Court judge and its chief justice from 1998 to 2000, to conduct the investigative hearing. He will use the same university procedures as internal hearing officers and panels, meaning he will produce a detailed findings of fact, determine if the student conduct code had been violated and, if appropriate, decide on a sanction.
Harding, 79, will determine if Winston violated any of four sanctions of the student conduct code. Two potential violations relate to sexual misconduct and two more to endangerment, according to an Oct. 10 letter FSU sent to Winston.
Attorneys for the woman and Winston have raised concerns about the process. Cornwell sent letters to FSU in September and October questioning the timeliness of the investigation and whether the hearing process would protect his client's due process rights.
FSU officials first interviewed the woman on Aug. 6. It is not clear whether Winston has been interviewed by the school related to the case. He declined to make a statement when the university's Title IX office met with him on Jan. 24.
John Clune, a Title IX attorney for the woman, said earlier this month that to his knowledge Winston had not been interviewed. In late September, Cornwell said Winston would cooperate with the inquiry.
The investigation comes after a lengthy delay. In a timeline of its handling of the case, FSU said the athletic department was aware of the allegation in January 2013, a month after the woman reported to police, but did not notify the Title IX coordinator or the Office of Student Rights and Responsibilities.
In that timeline, FSU said it tried to contact the woman in November 2013 but was "told by her local attorney to cease all contact with her client." Since the spring, Clune and Baine Kerr, who is also a Title IX attorney, have said their client will cooperate with a university investigation.
Guidance from the Department of Education's Office for Civil Rights says schools should conduct investigations into reported sexual assaults in a "prompt, thorough and impartial manner." They should typically seek to resolve cases within 60 days.
The timeliness of Florida State's response as well as its handling of the disciplinary proceedings will be considered as part of an ongoing Title IX investigation by OCR. That office opened an investigation in April after the woman filed a complaint in March.
Both Winston and the woman have the right to appeal the decision within five class days of being notified of the hearing decision.
