vomit as well as several discarded condoms, shep. >> shepard: the university decided not to suspend this player wittles even though other universities automatically suspend athletes for being arrested before trial. why isn't this the case here. >> this is fyu student code of conduct. it's not so clear as to what should happen athlete accused of a felony assay florida state university which automatically yanks any player just accused of committing a felonious crime. now, fiu leaders are letting him play citing innocent until proving guilty despite criticism that they're treating rape accusations lightly. >> definitely think if he was a bench warmer, he would be suspended. if he is their star player, this is a growing athletic program that really wants publicity and attention for the school and for sports. and he is their star. >> now the preliminary hearing for wittels and his two buddies