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Waiting game begins as Jameis Winston's FSU conduct hearing wraps up

TALLAHASSEE, Fla. – The legal advisers walked out of opposite sides of the campus building, fully confident in opposing opinions, trading verbal haymakers with each other. David Cornwell, adviser to Florida State quarterback Jameis Winston, called the just-concluded student conduct hearing "a shakedown." John Clune, lawyer to the woman who accused Winston of raping her, claimed, "Mr. Cornwell and the truth, I don't think, are very close friends."

It made for good theater, but will this university hearing on Winston's behavior lead to any semblance of a conclusion in this two-year-old case? Despite the fact that this was not a legal trial, the answer may be closer to yes than most think.

Jameis Winston (R) and his attorney David Cornwell arrive at Winston's conduct hearing Tuesday. (AP)
Jameis Winston (R) and his attorney David Cornwell arrive at Winston's conduct hearing Tuesday. (AP)

Clune expects a ruling this month from former Florida supreme court judge Major Harding. According to Florida State's policies and procedures, Harding should inform Winston and the woman of his decision within 10 school days. The FSU school calendar could affect the timeline on the ruling, as Florida State's fall semester ends on Friday, Dec. 12, 2014, and its spring semester starts on Wednesday, Jan. 7, 2015. The last day Harding could render a ruling then would be Friday, Jan. 9 – three days before the College Football Playoff title game. (The ruling could still be appealed after the fact, dragging the process beyond Jan. 9.)

If Winston is found not responsible of any conduct violations within a month's time, that would take enormous pressure off the quarterback and his team heading into bowl season. It would mean he is cleared not only by the state's attorney's office, but by his own university's hearing. Although some detractors called this proceeding "a kangaroo court," both sides commended the judge and the process this week. Cornwell called Harding "outstanding" in his treatment of the hearing. So while there will be no legal verdict, there will be credibility given to the judge's decision. That means Winston could get some long-awaited relief from the ongoing onslaught of public skepticism before a potential January game.

If Winston is found responsible before FSU's fall semester concludes, that public skepticism will intensify dramatically. Cornwell would almost certainly appeal a negative finding, but it would be much harder for Winston's defenders – including head coach Jimbo Fisher – to insist the quarterback has done nothing wrong. There are varying degrees of punishment that could come of this, from probation to expulsion, but any responsible finding would put scrutiny not only on Fisher, but on new university president John Thrasher. In the eyes of a former state Supreme Court judge, Winston would have committed up to four violations of the school's conduct code in a sexual assault case, and still he's representing the university on the field of play. That's close to untenable.

Cornwell has repeatedly stated there was no form of sexual assault, and he's maintained the accuser shifted her story over the many months this has dragged on. A statement said to have been given by Jameis Winston during the hearing was obtained by USA Today on Wednesday night. It included Winston's account of the night of the alleged rape.

Cornwell called the accuser's accounts "lies" and believes this hearing is meant only to set up a money-grab in a future civil suit. "This thing is over now," he said even before Wednesday's proceedings began. "They haven't met their burden."

Still, the accuser was given a full chance to meet that burden this week. Wednesday's witnesses included Jason Newlin, who completed the investigation for the state's attorney's office last year. He brought a thick binder of materials, including his 15-page report, which reached a conclusion that Winston should not be charged. Also present on Wednesday was Dinorah Harris, the Florida State police officer who responded to the scene on the night of the sexual encounter between Winston and his accuser. It is not known what Harding asked the witnesses, some of whom testified by phone, but he will surely examine the accuser's testimony with whatever information he gleaned. Clune felt this hearing was the long-awaited opportunity to disprove or at least undermine the state's attorney's decision. "Our client testified directly about what happened," he said, "and there were a number of other witnesses that testified to corroborate that."

Jameis Winston will travel with the FSU football team to Charlotte, N.C. on Thursday for the ACC title game. (AP)
Jameis Winston will travel with the FSU football team to Charlotte, N.C. on Thursday for the ACC title game. (AP)

One source of uncertainty is Winston's teammates, Ronald Darby and Chris Casher, who were present on the night of the incident two years ago. They both arrived at the hearing on Tuesday, but it is not known if they testified. They certainly could bolster Winston's side, but Clune is confident they did not.

"The number of inconsistent statements that they've made," he said, "I think has really changed the impact of any help they might be to Mr. Winston."

Even if the case comes down to he-said, she-said, the task is a difficult one for the accuser. Sexual assault is hard to prove in any setting, Winston has a very effective representative in Cornwell, and the state's attorney's office has already reached a conclusion in the quarterback's favor.

All that supports Winston's case, but it won't impede the avalanche of doubt if an adverse ruling comes out of this hearing.

This case has been regarded in the media as a trial of major college football and one of its pre-eminent names. This hearing, however, concerns two college students. Stardom cannot protect Jameis Winston in this setting. His adviser continues to insist the truth will.