Florida State's Jameis Winston cleared in code of conduct hearing

Jameis Winston has been found not responsible of violating Florida State's student conduct code in relation to a December 2012 alleged sexual assault of a female FSU student.

The decision Sunday from retired Florida Supreme Court justice Major Harding comes 18 days after the Dec. 3 conclusion of a school investigative hearing. After a nearly two-year delay and intense media attention to the case, Harding was retained by FSU to conduct the hearing.

In a letter to Winston which was obtained by USA TODAY Sports, Harding wrote, "This was a complex case, and I worked hard to make sure both parties had a full and fair opportunity to present information. In sum, the preponderance of the evidence has not shown that you are responsible for any of the charge violations of the Code. Namely, I find that the evidence before me is insufficient to satisfy the burden of proof."

David Cornwell, Winston's attorney, did not immediately respond to a message from USA TODAY Sports.

In a statement, John Clune and Baine Kerr, Title IX attorneys for the woman, said, "We are stunned and dismayed by the order. It's not a 'decision' at all but a statement that the judge couldn't decide.

"Of the four people in that apartment only one, our client, testified, and she answered any and all questions about what happened. The three football players, Jameis Winston, Chris Casher, and Ronald Darby, all refused to testify and answer questions and somehow Jameis Winston still wins. The Order doesn't even follow the Student Conduct Code, and it ignores the bulk of the evidence."

FSU policy allows the woman or Winston to appeal the decision, requiring that to be filed within five class days. Since Hardings' finding was released over the winter break, any appeal would not be due until five class days after notification. In this case, that would be Jan. 13.

An appeal would not allow for a complete re-hearing of the case. An appealing student would have to show the outcome of the hearing was affected by one of five criteria: a violation of due process rights or complainants' rights, prejudice by the hearing officer, newly discovered information, a sanction disproportionate to the violation or that the preponderance of the evidence doesn't support the finding.

"There are certainly glaring bases for appeal but at some point we have to recognize that Florida State is never going to hold Jameis Winston responsible," Clune and Kerr wrote in their statement. "We will consider an appeal but right now we feel a little duped."​

Although the state attorney's office declined to file criminal charges in December 2013, Winston still faced a school hearing because of FSU's obligations under Title IX. Winston's responsibility for the code of conduct violations was determined with a preponderance of evidence, which is a lower standard than he would face in criminal court.

Harding summarized the accounts given by Winston, the woman, witnesses and more than 1,000 pages of documents he considered in rendering his decision.

Harding noted that the woman did not seek help from people outside of Potbelly's, the bar where she met Winston in December 2012, or during the cab ride with two other football players to Winston's apartment. Statements from those teammates, Chris Casher and Ronald Darby, were consistent with Winston's account that the encounter was consensual, Harding wrote.

The judge also noted that the exam and the testimony of Kathy Walker, the sexual assault nurse examiner who conducted the medical exam that morning, was inconclusive.

"As summarized in the preceding paragraphs, the evidence regarding the events that unfolded between you and (the woman) once in your room is irreconcilable," Harding wrote. "In light of all the circumstances, I do not find the credibility of one story substantially stronger than that of the other. Both have their own strengths and weaknesses. I cannot find with any confidence that the events as set forth by you, (the woman), or a particular combination thereof is more probable than not as required to find you responsible for a violation of the Code."

In a statement released by FSU on Sunday, President John Thrasher said, "The university selected Justice Major Harding, a highly qualified and respected jurist, to remove any doubt about the integrity of this process and the result. He conducted a thorough Student Conduct Code hearing and reviewed more than 1,000 pages of evidence generated by three other investigations, and we would like to thank him sincerely for his service. Moving forward, we remain committed to the principle of due process, and our highest priority will continue to be the safety and well-being of all our students."

In a statement Winston read during the hearing, which was obtained by USA TODAY Sports earlier this month, he said the woman's "conduct and other verbal expressions left no doubt that our sex was consensual."

Winston's attorneys have maintained for months that their client was falsely accused and that the sexual encounter that night was consensual.

Clune characterized Winston's statement not as testimony but something that was prepared for him by his lawyer.

"Mr. Winston still has yet to answer questions about his conduct," Clune said earlier this month.

According to a person familiar with the case who spoke to USA TODAY Sports on the condition of anonymity because the proceedings were to remain confidential, Winston provided little testimony over the two days of the proceedings. That person refuted published reports that Winston answered no questions but confirmed that he gave only minimal testimony.

The finding comes more than two years after the woman first reported to campus police on Dec. 7, 2012. At the time, she did not know Winston's identity, but she contacted Tallahassee police in January 2013 when he was in one of her classes at the start of the semester.

The TPD investigation sat dormant from February to November 2013, when reporters asked about the police report and TPD reopened its investigation. Winston's DNA was found on the woman's shorts.

State attorney Willie Meggs announced in December 2013 that Winston would not be charged.

Although Clune and Baine Kerr, who is also a Title IX attorney for the woman, have said since the spring that their client was willing to cooperate with a school investigation, FSU officials did not interview her until Aug. 6. Winston was notified of the hearing on Oct. 10. After scheduling the hearing for November, it was delayed twice and pushed back until Dec. 2.

Though Winston has been cleared, questions remain about FSU's handling of the case.

The school remains under investigation by the Department of Education's Office for Civil Rights, which in April opened an inquiry into FSU's handling of sexual violence and compliance with Title IX.

Under to guidance from the department, schools have an obligation to conduct a "prompt, thorough and impartial" inquiry into reports of sexual violence. OCR advises schools should seek to resolve cases in 60 days.

In a timeline FSU released about its handling of the case, the school acknowledged that athletic department officials were aware of the allegation against Winston in January 2013 but did not notify the Title IX coordinator or the Office of Student Rights and Responsibilities.​

Florida State will face Oregon in the Rose Bowl on Jan. 1 in the semifinals of the College Football Playoff.