What has played out in a nasty, public fashion will now be considered in an administrative, quasi-judicial setting.
Florida State quarterback Jameis Winston's code of conduct hearing is slated to begin Tuesday at noon. The matter concerns a December 2012 sexual encounter at Winston's off-campus apartment that his accuser claimed was rape.
After an investigation by the Tallahassee Police Department and a review by the State Attorney Willie Meggs, Winston was not charged criminally due to witness testimony and some "major issues" in the accuser's story that were called "problematic" by the State Attorney.
"We have a duty as prosecutors to only file those charges if we have a reasonable likelihood of a conviction," [State Attorney Willie] Meggs said. "After reviewing all of the evidence in the case, we did not feel that we could meet that burden."
Jansen provided eyewitness testimony from two of Winston's teammates - Chris Casher and Ronald Darby - who corroborated Winston's story by saying the sex was consensual.
Meggs said the accuser's testimony was also "problematic" in bringing charges.
"Her recall of the events that night have been moving around a good bit," Meggs said. "There's some memory lapses. There's some major issues."
And Meggs said there wasn't enough evidence to explain them. His office double-checked toxicology reports, which showed no signs of drug use. Her blood alcohol level at the time was estimated at 0.10 - over the 0.08 threshold at which Florida law presumes that someone is unable to safely drive a motor vehicle, but not extreme. Although a friend of the woman said the accuser had been hit on the head, there were no signs of head trauma. -- Tampa Bay Times, December 5, 2013
Winston faces up to four code of conduct ("COC") charges (two for sexual misconduct and two for endangerment), and if found responsible for them, could face penalties ranging from reprimand to expulsion.
The standard of proof is preponderance of the evidence -- much lower than the reasonable doubt standard that would be afforded for a defendant's protection if he were facing this sort of charge in a criminal court.
Attorneys for both sides have been quick to sling mud at one another, and at Florida State University. Due to the highly public nature of the case, Florida State elected to bring in an outside adjudicator instead of a panel of students and administrators. Three highly accomplished jurists were nominated, and Major Harding, the former Chief Justice of the Florida Supreme Court was selected.
Procedure
-Witnesses are called and questioned by the hearing officer and the accused.
-The accuser and the accused may or may not be in the same room, and if not, video conference technology can be used to bridge the gap.
-The accused has the right to refuse to answer some or all questions. For more on what Winston's defense(s) might be, read this exhaustive breakdown by Patrik Nohe of Chop Chat, examining how Winston might use the investigative report and reviews in his defense.
-The attorneys (John Clune and Baine Kerr for the accuser; David Cornwell for the accused) cannot speak, but can pass notes to their clients with advice, or suggest questions, which can make for a tedious process.
Timeline
Hearings typically last one or two days, though they can be longer if necessary.
Absent an extension for cause, a ruling must be made within 10 school days of the hearing. Florida State's last day of the fall semester is December 12, eight school days from Tuesday, so it is possible that no ruling will be made until Florida State resumes school, on January 7.
Further, according to the COC no ruling or discipline shall take effect until the exhaustion of an appeal, which often takes 60 to 90 days.
Practically speaking, if Winston were to be found responsible and exercised his right to appeal, given the normal timeline for appeals, the discipline, if any, might not take effect until April 8.
Football
The matter is more important than football, obviously, but for reference, the national semifinal of the college football playoff, and the national final, which Florida State may be in, are on January 1 and 12, respectively.
Winston, three years removed from high school, is eligible to leave school and declare for the NFL draft, where he is projected by experts to be a first round draft pick.
Beyond football
The ruling, and any testimony during the hearing could have an impact on any civil lawsuits between the accuser, Florida State, the Tallahassee Police Department and Winston.
The ruling, and the handling of the matter by Florida State will also be examined by the Federal Government, as FSU is one of more than 50 schools currently under investigation for its administration of Title IX, the Federal law concerning gender equity. Attorneys for both the accuser, and Winston, have publicly criticized the school for failing to protect the rights of their clients.