Appeal denied, but Hernandez remains hopeful

CORAL GABLES — For the second time in 10 days, Dewan Hernandez has not gotten encouraging news from the NCAA regarding his eligibility.

But the Hurricanes forward still has hope his fortune can change, maybe even by week’s end.

On Monday, the NCAA denied Hernandez’s final legislative appeal, determining that Hernandez had an agreement with an agent, though the junior who briefly tested the NBA waters last spring did not sign paperwork that bound him to an agency.

With his final legislative appeal denied, Hernandez can now seek reinstatement from the NCAA’s studentathlete reinstatement committee. Jason Setchen, Hernandez’s attorney, says that committee will take Hernandez’s case Tuesday morning.

The hope is that a decision can be rendered by the end of the week.

“Dewan has not given up on the process,” Setchen said Monday. “We await student-athlete reinstatement and we continue to put our faith in the process, despite being frustrated. We remain hopeful he’ll play this season when [the] student-athlete reinstatement [committee] considers mitigation.”

Hernandez, who has not played in any of Miami’s games this season, had his eligibility questioned after his name was linked to Christian Dawkins, one of the defendants in the national college basketball corruption trial and a former runner for NBA agent Andy Miller.

In November, ESPN reported that Hernandez was one of 19 players listed in an email by Dawkins as potentially receiving payments throughout his sophomore year. The report indicated those payments would have been converted to a loan if Hernandez opted to return to school for his junior year instead of entering the NBA draft.

Hernandez made the decision to return to Miami last year. And though ESPN also reported there was no evidence payments were made or that Hernandez even knew of the alleged plan, enough questions arose about his status that Miami made the decision to keep him from playing as both the school and NCAA determined whether he was eligible.

Now, while the NCAA has determined there was some sort of an agreement with an agent, Hernandez is hopeful the NCAA will consider that fact there is no signed contract with Dawkins, Miller or anyone else and reinstate him after taking into consideration that Hernandez has missed 16 games.

“Our hope is that the student-athlete reinstatement committee will review the facts and will recognize that there should be a significant amount of mitigation afforded to Dewan under the circumstances and that they will reinstate his eligibility,” Setchen said.

Meanwhile Hernandez, who has been practicing with Miami throughout his wait to play, took to social media to express his frustration.

“I do not understand why other individuals that were implicated continue to compete, while I am being punished,” he wrote on Twitter. “I have sat out 16 games . ... Why me? No worries, though, God has the last say so.” He added an emoji of praying hands and the hashtag #freedewan.

Miami is next scheduled to play on Saturday when it hosts North Carolina.