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By PAUL STRELOW pstrelow@thestate.com CLEMSON — The decision on whether Clemson sophomore safety DeAndre McDaniel can play pending a criminal charge appears to be in coach Tommy Bowden's hands. McDaniel will remain enrolled in school following a hearing with the university's judiciary review board. Nick Lavery, one of McDaniel's attorneys, said the board decided it was not going to make an official decision on McDaniel's case at this time. Thus he was neither expelled nor suspended from school, allowing for the likelihood he will be allowed to play this season until his legal situation is resolved. However, Lavery said the board reserved the right to revisit the case if more evidence is presented. McDaniel was arrested June 21 for assault and battery of a high and aggravated nature after an incident with his girlfriend at his off-campus apartment. The woman, who was not identified, was treated at Oconee Memorial Hospital after the incident for a sprained neck and chest and facial bruises, according to the Central Police Department's incident report. However, she did not provide a written statement or medical records for Wednesday's hearing as requested by the board, Lavery said. Two of the three witnesses who submitted written statements to the university refuting some of the women’s account testified on McDaniel's behalf at the hearing. School officials only would confirm that McDaniel remains a student and that Bowden is still in the process of gathering information about the case. Bowden is expected to address McDaniel's situation Monday. Clemson begins practice Aug. 1 and opens the season Aug. 30 against Alabama. The next step in the legal case is the discovery phase, in which the prosecution and defense exchange information in preparation for a trial. Because of the nature of the misdemeanor charge, McDaniel's case was turned over to the 13th Solicitor's Office instead of being handled by municipal court, which more than doubled the expected time frame for a resolution. It takes between six months to a year for a Solicitor's Office case to go to trial, Central police chief Kerry Avery said this week.
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