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May 20, 2014 03:06 PM EDT

Jameis Winston's attorney disputed a recent report stating his client would be appearing at a disciplinary hearing for two teammates, stating the Florida State QB was "never notified."

Tim Jansen, Winston's attorney, told ESPN Tuesday Florida State University (FSU) never contacted his client about appearing at the hearing. Set to appear at the hearing for Ronald Darby and Chris Casher is the female former FSU student who accused Winston of raping her.

Darby and Casher's hearing, Fox Sports reported, is for a potential violation of the school's code of conduct for the night in question in Dec. 2012. Darby and Casher both submitted written statements they witnessed Winston and his rape accuser engaged in a sexual act. However, they both said it seemed consensual and Casher also said he recorded the incident then later destroyed it.

John Clune, an attorney for Winston's rape accuser, told Fox Sports they expected the school to call the FSU QB as a witness Tuesday. The hearing is part of the school's own investigation, but the U.S. Education Department's Office for Civil Rights (OCR) is also conducting its own probe.

If Casher and Darby violated the FSU student conduct code, they could face punishment as severe as expulsion. The school could not comment because it would be a violation of federal student privacy laws. If the OCR finds FSU mishandled Winston's accuser's rape complaint, the school could be subject to fines and loss of federal funding.

Jansen also told ESPN he does not believe Winston will part of the school's investigation as a suspect or as a witness. If Winston were to be called, Jansen said the FSU two-sport athlete would be required to appear and testify.

Winston is currently with the FSU Seminoles baseball team in North Carolina for the ACC Tournament. The football season will be getting underway toward the end of summer.

The woman, who will remain nameless for security reasons, also has a lawsuit against the Tallahassee Police Department for conducting a faulty investigation, the school for the same reason and against Winston for raping her. Casher and Darby are charged with an invasion of privacy and of unlawfully filming the sexual encounter between Winston and the accuser.

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