Heisman Trophy winner Jameis Winston will cooperate with an investigation into a woman’s allegation that the Florida State quarterback raped her at an off-campus apartment in December 2012, an attorney working with the player said Tuesday.
The announcement by Atlanta attorney David Cornwell comes nine months after Florida State administrators first attempted to question Winston about the incident. At that meeting last January, FOX Sports reported earlier this year, Winston declined to answer any questions, citing the advice of his attorney.
Tuesday morning, Cornwell posted a message on Twitter that read: “Today, will advise FSU that JW will cooperate with Title 9 investigation. Looks forward to clearing his name.”
A message left for Cornwell at his office was not returned.
Two attorneys for the woman who alleged that Winston raped her issued a statement in response to Cornwell's tweet:
"It sounds like the process is moving forward against Mr. Winston.”
Winston was not charged with a crime and has never spoken publicly about what occurred early the morning of Dec. 7, 2012, at that apartment. Tim Jansen, his attorney in Tallahassee, said after tests found Winston’s DNA on the woman’s clothing that the two had a consensual sexual encounter – something lawyers for the woman refuted.
Cornwell’s statement comes a week after Winston again found himself surrounded by controversy when a number of students reported that he jumped on a table in a crowded part of campus and shouted a sexually charged statement that FSU administrators termed “vulgar and offensive.” University administrators initially suspended him for the first half of last Saturday’s game against Clemson – then extended the ban to the entire game after further investigation. Winston apologized, and Florida State, the No. 1 team in the nation, squeaked by the Tigers in overtime behind backup quarterback Sean Maguire.
It also comes as Florida State is the subject of an ongoing federal investigation of its handling of the allegation against Winston under the gender-equity law known as Title IX.
At the center of the case is the woman’s allegation that she’d gone drinking at a Tallahassee nightspot, downed a shot that someone had purchased for her, ended up in a cab with several people and ultimately found herself in an unfamiliar apartment. There, she said she was raped, then driven back to campus on a scooter by her attacker.
She told investigators she did not know the man.
A little more than a month later, the woman called a detective and identified Winston, at the time a freshman who had yet to appear in a game, after seeing him in a class.
Tallahassee police later shelved the case, contending that the woman did not want to pursue a criminal prosecution – something her attorneys have disputed – then resurrected it last November and turned it over to the office of State Attorney Willie Meggs. After conducting a new investigation, Meggs concluded there was not enough evidence to file criminal charges.
By then, Winston had burst onto the scene as a redshirt freshman quarterback and taken Florida State to the top of the national polls.
Among the factors that played a role in Meggs’ decision were the woman’s inability to remember portions of the night – some investigators suspect she may have been drugged – and the statements from two of Winston’s teammates, defensive end Chris Casher and defensive back Ronald Darby, who both described the encounter as consensual.
Casher and Darby were both brought up on code-of-conduct charges after admitting they watched a portion of the sexual encounter between Winston and the woman. Casher, who admitted to police that he taped a portion of the encounter on his phone, was placed on disciplinary probation after being accused of violating student code-of-conduct rules addressing sexual misconduct and invasion of privacy, FOX Sports has learned. Darby, who also said in a sworn statement that he watched part of the encounter, was cleared of wrongdoing.
In August, Florida State administrators interviewed the woman and at least two other witnesses in a new Title IX investigation. The federal gender-equity law requires that school administrators conduct prompt investigations of alleged sexual assaults involving students and take whatever action is appropriate.
FSU administrators have refused to comment on the case, citing privacy laws.
“While we cannot comment on any individual case, in general, complainants control the timing in our process,” Browning Brooks, a spokeswoman for Florida State, said after the new investigation was launched.
This new investigation cannot lead to criminal charges, but if Winston were to be found guilty of a serious violation of Florida State’s student conduct code, it could spell the end of his college football career.
Guidelines issued by the Department of Education contemplate a 60-day timeline for most investigations. Those guidelines also call for investigation of all incidents – regardless of whether the accuser cooperates.
School administrators carry out code-of-conduct investigations at Florida State, according to a copy of the university’s rules governing such inquiries. Sanctions for a student found to have violated school rules can range from a verbal or written reprimand up to expulsion from the university.
That’s what happened to three University of Oregon basketball players accused of raping a woman. They were not charged criminally but were found guilty of violating the school’s code of conduct. The three were expelled and banned from campus for at least four years – and as many as 10, depending on how long their accuser is a student there.
At Florida State, the student conduct code prohibits everything from alcohol and drug abuse to sexual misconduct, which it defines in several ways. For instance, “any sexual act that occurs without the consent of the victim” constitutes sexual misconduct, according to the code of conduct.
Punishment can include a suspension from school for up to two years, dismissal from school for at least two years and as many as seven years and outright expulsion.
The announcement by Atlanta attorney David Cornwell comes nine months after Florida State administrators first attempted to question Winston about the incident. At that meeting last January, FOX Sports reported earlier this year, Winston declined to answer any questions, citing the advice of his attorney.
Tuesday morning, Cornwell posted a message on Twitter that read: “Today, will advise FSU that JW will cooperate with Title 9 investigation. Looks forward to clearing his name.”
A message left for Cornwell at his office was not returned.
Two attorneys for the woman who alleged that Winston raped her issued a statement in response to Cornwell's tweet:
"It sounds like the process is moving forward against Mr. Winston.”
Winston was not charged with a crime and has never spoken publicly about what occurred early the morning of Dec. 7, 2012, at that apartment. Tim Jansen, his attorney in Tallahassee, said after tests found Winston’s DNA on the woman’s clothing that the two had a consensual sexual encounter – something lawyers for the woman refuted.
Cornwell’s statement comes a week after Winston again found himself surrounded by controversy when a number of students reported that he jumped on a table in a crowded part of campus and shouted a sexually charged statement that FSU administrators termed “vulgar and offensive.” University administrators initially suspended him for the first half of last Saturday’s game against Clemson – then extended the ban to the entire game after further investigation. Winston apologized, and Florida State, the No. 1 team in the nation, squeaked by the Tigers in overtime behind backup quarterback Sean Maguire.
It also comes as Florida State is the subject of an ongoing federal investigation of its handling of the allegation against Winston under the gender-equity law known as Title IX.
At the center of the case is the woman’s allegation that she’d gone drinking at a Tallahassee nightspot, downed a shot that someone had purchased for her, ended up in a cab with several people and ultimately found herself in an unfamiliar apartment. There, she said she was raped, then driven back to campus on a scooter by her attacker.
She told investigators she did not know the man.
A little more than a month later, the woman called a detective and identified Winston, at the time a freshman who had yet to appear in a game, after seeing him in a class.
Tallahassee police later shelved the case, contending that the woman did not want to pursue a criminal prosecution – something her attorneys have disputed – then resurrected it last November and turned it over to the office of State Attorney Willie Meggs. After conducting a new investigation, Meggs concluded there was not enough evidence to file criminal charges.
By then, Winston had burst onto the scene as a redshirt freshman quarterback and taken Florida State to the top of the national polls.
Among the factors that played a role in Meggs’ decision were the woman’s inability to remember portions of the night – some investigators suspect she may have been drugged – and the statements from two of Winston’s teammates, defensive end Chris Casher and defensive back Ronald Darby, who both described the encounter as consensual.
Casher and Darby were both brought up on code-of-conduct charges after admitting they watched a portion of the sexual encounter between Winston and the woman. Casher, who admitted to police that he taped a portion of the encounter on his phone, was placed on disciplinary probation after being accused of violating student code-of-conduct rules addressing sexual misconduct and invasion of privacy, FOX Sports has learned. Darby, who also said in a sworn statement that he watched part of the encounter, was cleared of wrongdoing.
In August, Florida State administrators interviewed the woman and at least two other witnesses in a new Title IX investigation. The federal gender-equity law requires that school administrators conduct prompt investigations of alleged sexual assaults involving students and take whatever action is appropriate.
FSU administrators have refused to comment on the case, citing privacy laws.
“While we cannot comment on any individual case, in general, complainants control the timing in our process,” Browning Brooks, a spokeswoman for Florida State, said after the new investigation was launched.
This new investigation cannot lead to criminal charges, but if Winston were to be found guilty of a serious violation of Florida State’s student conduct code, it could spell the end of his college football career.
Guidelines issued by the Department of Education contemplate a 60-day timeline for most investigations. Those guidelines also call for investigation of all incidents – regardless of whether the accuser cooperates.
School administrators carry out code-of-conduct investigations at Florida State, according to a copy of the university’s rules governing such inquiries. Sanctions for a student found to have violated school rules can range from a verbal or written reprimand up to expulsion from the university.
That’s what happened to three University of Oregon basketball players accused of raping a woman. They were not charged criminally but were found guilty of violating the school’s code of conduct. The three were expelled and banned from campus for at least four years – and as many as 10, depending on how long their accuser is a student there.
At Florida State, the student conduct code prohibits everything from alcohol and drug abuse to sexual misconduct, which it defines in several ways. For instance, “any sexual act that occurs without the consent of the victim” constitutes sexual misconduct, according to the code of conduct.
Punishment can include a suspension from school for up to two years, dismissal from school for at least two years and as many as seven years and outright expulsion.
