"Jameis Winston's attorney raising eyebrows with comments"

[Chechem]

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Florida State informed Jameis Winston via letter that he must contact the school's Office of Rights and Responsibilities within five class days to schedule an informational meeting about a potential student code of conduct hearing concerning Title IX issues emanating from a 2012 allegation of sexual assault for which Winston was not charged.

Winston's attorney (Cornwell) said that they have not contacted the school to schedule that meeting because of some concerns and uncertainties about the process.

One of those concerns, expressed in Cornwell's recent letter to the school, in part resulted in the change that will now see a third party neutral judge preside, as opposed to a group of students and educators.

Cornwell said that one of his concerns has to do with why Florida State is going forward with the process after "itself acknowledging that it took 20 months to make the claim under Title IX, when the school's policy is that they do not go forward with complaints after 12 months."

    "As disclosed by the complainant's attorney and widely reported in the media, on Aug. 6, 2014--after multiple requests by FSU over the previous 20 months--the attorney agreed to make the complainant available for an interview. Based on her statement, the University reopened a confidential Title IX investigation and, once again, sought a statement from the athlete." -- Florida State releases timeline of events

"We'll be sending that letter to the school tomorrow morning," Cornwell said....

"We don't know whether [attorneys will be allowed to speak]." Cornwell said. He further detailed more evidentiary uncertainties:

-"We don't know whether we will be allowed to bring her prior statements in from the [previous hearing involving Chris Casher and Ronald Darby, the men who witnessed the events (Casher was given probation for his attempt to videotape the act, while Darby was not punished for witnessing)].

This isn't a trial.  It's a university hearing.  Different rules!

 

[N.AL-Tider]

I think this is all just political grand standing to get FSU past ND.  Once that happens their schedule gets a lot easier and they can "develop" their backup qb for what may come...

[ricky023]

Will it really take place? Sounds like his lawyer is getting mad because he is not the boss of what is taking place. RTR!

[Catch Prothro]

Lawyer is stalling, but that's his job.

[SeniorTSM]

All in all, what does a lawyer have to do with a school hearing?
what can happen at this hearing? can they kick him out of school?

i think it is just something like off of animal house

[pmull]

I never hired a lawyer when I got sent to the principals office. Of course I never raped anyone either. 

[Catch Prothro]

All in all, what does a lawyer have to do with a school hearing?
what can happen at this hearing? can they kick him out of school?

i think it is just something like off of animal house

Theoretically yes, they could kick him out of school, terminate his scholarship, suspend him, etc.

Additional evidence also could develop at the school hearing that could lead to criminal charges, but that's unlikely if Winston doesn't say anything, so he needs someone there to keep him quiet.

[ALTideUp]

All in all, what does a lawyer have to do with a school hearing?
what can happen at this hearing? can they kick him out of school?

i think it is just something like off of animal house

In a situation like this a lawyer (a) makes sure that the judicial procedures are consistent with an institution's own written policies and procedures, and that they are not being selectively applied; and (b) looks for things that might be in the written procedures but which nevertheless violate state of federal statutes. So, for example, the University can't have a policy that directly or indirectly discriminates on the basis of race or gender. Employees and students who are brought before these deliberative committees frequently bring a lawyer. Rest assured, the University always brings one.

[Chechem]

All in all, what does a lawyer have to do with a school hearing?
what can happen at this hearing? can they kick him out of school?

i think it is just something like off of animal house

In a situation like this a lawyer (a) makes sure that the judicial procedures are consistent with an institution's own written policies and procedures, and that they are not being selectively applied; and (b) looks for things that might be in the written procedures but which nevertheless violate state of federal statutes. So, for example, the University can't have a policy that directly or indirectly discriminates on the basis of race or gender. Employees and students who are brought before these deliberative committees frequently bring a lawyer. Rest assured, the University always brings one.

I've served on these committees, and rules vary by school.  Some schools do not allow lawyers at the hearings; some do, but lawyers can't address the committee.

[Chechem]

Here is an example of Disciplinary-Hearing Rules concerning lawyers:

"The student shall be permitted, at his/her expense, to have an adviser or legal counsel represent
him or her at the hearing and through all other stages of the academic discipline process. The role
of the adviser or legal counsel shall be limited to an advisory capacity only. He/she will not be
permitted to make opening or closing statements, question witnesses, or make oral argument."

[Marshal Dillon]

Lawyer is stalling, but that's his job.

BINGO!! He's a hired sleaze bag and he is dong his job, probably being paid by alumni & FSU (on the sly).







 

[ricky023]

All in all, what does a lawyer have to do with a school hearing?
what can happen at this hearing? can they kick him out of school?

i think it is just something like off of animal house

In a situation like this a lawyer (a) makes sure that the judicial procedures are consistent with an institution's own written policies and procedures, and that they are not being selectively applied; and (b) looks for things that might be in the written procedures but which nevertheless violate state of federal statutes. So, for example, the University can't have a policy that directly or indirectly discriminates on the basis of race or gender. Employees and students who are brought before these deliberative committees frequently bring a lawyer. Rest assured, the University always brings one.

I've served on these committees, and rules vary by school.  Some schools do not allow lawyers at the hearings; some do, but lawyers can't address the committee.

Wow, Chechem you been on one of these type committees? You must one highly thought person at the school. My compliments that you have such knowledge as this.  , Honestly impressed. RTR!

[Catch Prothro]

Lawyer is stalling, but that's his job.

BINGO!! He's a hired sleaze bag and he is dong his job, probably being paid by alumni & FSU (on the sly).

Well, his client has nothing to benefit from this hearing, so he's not going to be in any hurry. 

ALTideUp does a nice job summarizing the main considerations. 

[Chechem]

....
Wow, Chechem you been on one of these type committees? You must one highly thought person at the school. My compliments that you have such knowledge as this.  , Honestly impressed. RTR!

You're in good with the Lord.  Much better!   

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