A civil case can still be filed after the OCR investigation.
The woman told police she had been drinking at a bar with friends and went home with a man she didn't know. She said the alleged assault took place at an off-campus apartment, but she couldn't remember where it was.
A month later, she identified her alleged attacker as the quarterback. Winston's attorney Tim Jansen said the sex was consensual.
Kerr confirmed a Deadspin.com report that football players Chris Casher and Ronald Darby were recently charged with violations of the school's Code of Conduct. Both Casher and Darby told police they witnessed the sex between the Winston and the accuser. Casher told police that he attempted to join, but was told to leave by the accuser.
Punishments under the code include expulsion from the school. Darby is a starting cornerback on the team.