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Final Day Of Hearing For Suspended Gopher Football Players Underway

MINNEAPOLIS (WCCO) -- The final day of a hearing to decide the future of suspended Gopher football players is underway at the University of Minnesota.

The 10 players and their attorneys are presenting their side to a sexual misconduct subcommittee of three students.

Thursday, an attorney for the university presented its findings and the woman accusing the players of sexual misconduct told her story in the closed meeting.

Friday, the hearing began at 1 p.m. and was scheduled to go until 10 p.m. During that time both sides will present closing arguments, take questions from the panel and check back in with witnesses.

The 10 students are appealing their suspensions and expulsions. The panel of two undergraduate students and one graduate student can uphold or overturn the university's decisions.

An attorney for nine of the 10 players walked into the closed meeting followed by his clients.

Five of the students are facing expulsion.

"You can't conclude evidence that's not there and that's where there has to be some critical analysis of the way the investigation was held," attorney Lee Hutton said.

The allegations of sexual misconduct stem from an incident in September when a female student says she was sexually attacked by several men in an off-campus apartment.

The allegations against the nine range from those who had sexual contact with the woman to those who were witnesses and allegedly encouraged the activity.

"I'm fearful that we won't get a fair trial," Hutton said. "My fear and problem is this: The university has told me I have 31.6 minutes to prove my case for each of the guys."

The last of the 10 accused, Antoine Winfield Jr., has his own attorney and denies having any sexual contact with the woman.

"Well, he's upset. He's scared. He knows in his heart of heart what he did and did not do and I hope he gets exonerated for that," Winfield's attorney, Ryan Pacyga, said.

This is not a criminal matter -- the county attorney reviewed the case and declined to press charges.

"I think the panel is doing its job and really paying attention to the evidence asking thoughtful questions when given the chance to do that," Pacyga said.

The panel has one week from Saturday to announce findings. If the players lose they can appeal to the Provost or take their school cases to federal court.

The incident eventually lead to firing of Coach Tracy Claeys,  who was on the phone on Friday to testify to the panel.

Pacyga said Claeys talked about how he was pressured to round up his players and get them to start talking to school investigators right away.

"He told his players essentially none of you will be practicing next week if you don't go in and get your interviews done and he felt he had no other choice but to tell the players that,"  he said.

All of the players are still in school.

"Right now its 4th and goal and I'm getting ready for our last play here," Pacyga said.

The panel now has one week from Saturday to reach a decision.  It can uphold the punishment already handed down by the U or change it.  Players still have the right to appeal the decision to the Provost. Federal court is also an option.

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