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A hearing to determine whether Heisman Trophy winner Jameis Winston violated Florida StateUniversity rules the night he was accused of rape has been delayed two weeks, FOX Sports has learned.
The hearing had originally been scheduled for next week, but an attorney advising Winston asked for a delay in the proceedings.
Major Harding, a retired Florida Supreme Court justice who will preside at the hearing, pushed it back to Dec. 1 after a conference call Wednesday afternoon with representatives of both Winston and the woman who alleged that he raped her in December 2012, according to a source familiar with the case.
The decision to push back the hearing means that it won’t occur until after the
Seminolesconclude their regular season on Nov. 29.
Winston was not charged with a crime in the incident, and his lawyers have asserted publicly that he and the woman had a consensual sexual encounter.
Harding agreed to conduct the hearing at the request of Florida State officials, who concluded that the case should be handled by an independent, outside arbiter. Harding is expected to take testimony and examine evidence to determine whether Winston violated Florida State rules against sexual misconduct and endangerment in the alleged rape, which occurred Dec. 7, 2012.
Florida State officials did not respond to a request for comment.
An attorney working with Winston, David Cornwell, requested a delay in the hearing last week.
Winston’s future as a college football player could hinge on the outcome of the hearing. If Harding, who was brought in by the school as an independent arbiter, concludes that Winston violated school rules against sexual misconduct or endangerment, the repercussions could be as severe as suspension or expulsion from Florida State.
The hearing comes as Winston has quarterbacked the Seminoles to a 9-0 record, a No. 3 ranking in the national polls and – at least at this point – a good chance to make it into the new four-team playoff for the national championship. In 2013, he led Florida State to an undefeated season, won the Heisman Trophy and quarterbacked the team to its first national title since 1999.More than 23 months have passedsince the incident in which a woman reported to police that after she’d gone out drinking with friends at a Tallahassee nightclub she ended up in a cab with several people and was taken to an apartment, where she alleged she was raped.
She later withdrew from Florida State.
Winston was notified in October that he faces four potential violations of the Florida State student code of conduct:
-- Sexual misconduct – defined as “any sexual act that occurs without the consent of the victim, or that occurs when the victim is unable to give consent.”
-- Sexual misconduct – defined as “conduct of a sexual nature that creates an intimidating, hostile or offensive environment for another person. This includes unwanted, unwelcome, inappropriate, or irrelevant sexual or gender-based behaviors, actions or comments.”
-- Endangerment – defined as “physical violence towards another person or group.”
-- Endangerment – defined as “action(s) that endanger the health, safety, or well-being of another person or group.”
Florida State administrators, who are facing a federal investigation over their handling of the allegations against Winston, earlier had announced that they were going to send the case to an independent, outside arbiter to determine whether rules were violated and, if so, what the sanctions should include.
Harding is expected to seek testimony from both the woman and from Winston, each of whom is allowed to have one adviser present during the hearing. While each will be allowed to consult the adviser, it will up to Winston and the accuser to actually answer questions.
He can also consider the voluminous documents associated with the incident – hundreds of pages of reports generated by Tallahassee police and the state attorney in their investigations as well as other records.
Harding will be tasked with deciding whether Winston violated any of the school conduct rules using a standard that is much lower than that used in criminal courts – “preponderance of evidence.” That burden is generally described as enough evidence to tip the balance one way or another – to determine that it is more likely or less likely, in this instance, that sexual misconduct or endangerment occurred.
Once the hearing concludes, Harding has 10 school days to make a determination – a fact that might mean it’s not settled until after the football team finishes the ACC championship game.
Both Winston and the woman have the right to appeal any decision he makes.
Florida State has three more games on the schedule – one Saturday at Miami, Nov. 22 at home against
Boston College and Nov. 29 at home against Florida.
For Winston, the hearing poses problems on multiple fronts. In addition to the fact that Harding will be bound by a lower standard of proof than is used in criminal courts, testimony and evidence from the hearing could be used to revive the criminal case.
Although State Attorney Willie Meggs concluded last December that there was not enough evidence to file criminal charges, new information could lead to a reopening of the investigation.