Rachel Axon

USA TODAY Sports

Jameis Winston stands to remain eligible for the Seminoles through the national championship game after a Florida State investigative hearing into whether an alleged sexual assault involving the quarterback violated the student conduct code was delayed Wednesday until Dec. 1.

A person involved in the process notified USA TODAY Sports of the postponement. The person requested anonymity because specifics of the hearing are to remain confidential.

Florida State is ranked No. 3 in the latest College Football Playoff Top 25 that was released Tuesday. The top four teams qualify for the playoffs, with the semifinals scheduled for Jan. 1 and the championship game Jan. 12. Florida State's last regular season game is scheduled for Nov. 29 against Florida.

Whether Winston is found responsible or not for any student conduct code violations, that decision could be made after a national champion has been crowned. FSU's conduct code says a decision letter will be sent to the student within 10 class days from the conclusion of the hearing but allows for more time "if additional consideration of evidence and deliberation is required."

The last day for fall semester final exams is Dec. 12 and spring semester classes begin on Jan. 7.

If the proceedings conclude on Dec. 5, Major Harding, a former Florida Supreme Court judge who is conducting the investigative hearing, would not be due to render a decision until Jan. 13, one day after the championship game.

Winston and the former female FSU student who said Winston raped her also have the right to appeal the ruling within five class days, meaning that if Harding rules before Jan. 12 an appeal could keep Winston on the field.

A finding that Winston is responsible for violating the student conduct code could carry sanctions ranging from verbal reprimand to probation or expulsion. Some of those potential sanctions would not affect his playing status.

As basis for an appeal, either party would have to show that one of five considerations -- including 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 -- affected the outcome of the hearing.



If the appellate officer determines more information is needed, that person can request that in writing or schedule an appeal hearing within 10 class days.

If it came to that, it's unclear who FSU would use to hear an appeal. Harding has been retained by the school as a neutral third party to conduct the investigative hearing.

FSU notified Winston and the woman on Nov. 4 that the hearing would be scheduled for the week of Nov. 17. David Cornwell, an attorney advising Winston, sent a letter to the school and attorneys for the woman on Nov. 6 requesting a delay in the hearing, which was scheduled to begin nearly two years after the woman first reported to campus police on Dec. 7, 2012.

In an email to FSU on Monday, Cornwell again voiced his concerns, saying, "I have been consistent -- we will cooperate as long as the process is fair."

The hearing was delayed after a conference call on Wednesday.

Harding will use the same university procedures as internal hearing officers and panels, meaning he will produce a detailed findings of fact, determine if the student conduct code had been violated and, if appropriate, decide on a sanction.

Harding, 79, will rule if Winston violated any of four sanctions of the student conduct code. Two potential violations relate to sexual misconduct and two more to endangerment, according to an Oct. 10 letter FSU sent to Winston.

Attorneys for the woman and Winston have raised concerns about the process. Cornwell sent letters to FSU in September and October questioning the timeliness of the investigation and whether the hearing process would protect his client's due process rights.

FSU officials first interviewed the woman on Aug. 6. It is not clear whether Winston has been interviewed by the school related to the case. He declined to make a statement when the university's Title IX office met with him on Jan. 24.

John Clune, a Title IX attorney for the woman, said earlier this month that to his knowledge Winston had not been interviewed. In late September, Cornwell said Winston would cooperate with the inquiry.

The investigation comes after a lengthy delay. In a timeline of its handling of the case, FSU said the athletic department was aware of the allegation in January 2013, a month after the woman reported to police, but did not notify the Title IX coordinator or the Office of Student Rights and Responsibilities.

In that timeline, FSU said it tried to contact the woman in November 2013 but was "told by her local attorney to cease all contact with her client." Since the spring, Clune and Baine Kerr, who is also a Title IX attorney, have said their client will cooperate with a university investigation.

Guidance from the Department of Education's Office for Civil Rights says schools should conduct investigations into reported sexual assaults in a "prompt, thorough and impartial manner." They should typically seek to resolve cases within 60 days.

The timeliness of Florida State's response as well as its handling of the disciplinary proceedings will be considered as part of an ongoing Title IX investigation by OCR. That office opened an investigation in April after the woman filed a complaint in March.​