Florida State’s Jimbo Fisher says Jameis Winston won’t miss any games _lowres

Florida State coach Jimbo Fisher talks to quarterback Jameis Winston during the second half against Syracuse on Saturday, Oct. 11, 2014, in Syracuse, N.Y. Florida State won 38-20. (AP Photo/Frank Franklin II)

TALLAHASSEE, Fla. — Coach Jimbo Fisher said Florida State’s Jameis Winston has not committed a crime and is adamant the quarterback will not miss any games this season amid an ongoing sexual assault investigation.

Fisher said Monday that recent reports about the investigation haven’t revealed any new facts.

“This country is based off being innocent until proven guilty, not guilty till you’re proven innocent,” Fisher said. “There is no victim because there was no crime. We’re convicting a guy over things that are not true, based on evidence. There’s facts of the case and what the reports are. Public opinion wants to do what they do. They don’t get what they want. ... We believe in him, 100 percent.”

Florida State announced last week it will use an independent official in the student code of conduct hearing. A female student said Winston sexually assaulted her in December 2012. Florida State Attorney Willie Meggs declined to press charges against Winston last December because of inconsistencies and flaws in the evidence.

While no date has been set for the university hearing, a person close to the situation said Florida State has notified Winston that a formal hearing will be held to determine whether four sections of the code of conduct were violated, two for sexual misconduct and two for endangerment.

The two sexual misconduct violations the source said Winston faces are:

  • Any sexual act that occurs without the consent of the victim or that occurs when the victim is unable to give consent.
  • Conduct of a sexual nature that creates an intimidating, hostile or offensive environment for another person. This includes unwanted, unwelcome, inappropriate or irrelevant sexual or gender-based behaviors, actions or comments.

The two endangerment violations the source said Winston faces are:

  • Physical violence towards another person or group.
  • Action(s) that endanger the health, safety or well-being of another person or group.

Florida State said last week that the athletic department decided not to file a report with the university’s Title IX administrator after Winston’s lawyer said the Tallahassee Police Department was “no longer pursuing the case” and Winston and his roommates said the sex was consensual.

David Cornwell, advisor for the Winston family, did not return messages seeking comment Monday.

Fisher said he wasn’t concerned with the dates of details of the hearing.

“Get it, and get it over with,” he said.