Mark Emmert

Miami NOA delayed as NCAA investigates itself

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No, seriously.  This is actually happening.

Two weekends ago, a report surfaced that the NCAA would be issuing a Notice of Allegations to the Miami Hurricanes in connection to  improper benefits involving both the football and basketball programs.  That issuance was expected as early as a week ago Monday; since that report, there’s been nothing but crickets chirping as far as the ear could hear.

Today, we now know why the Notice of Allegations has been delayed, and the reasons behind the delay paint the NCAA in an even more negative light than it already has been over the past few years.

In a press release, the NCAA announced that its “national office has uncovered an issue of improper conduct within its enforcement program that occurred during the University of Miami investigation.”  In other words, the NCAA violated NCAA bylaws in its investigation of an NCAA member.  The genesis for the improper conduct seems to stem almost solely from documents obtained by the NCAA from bankruptcy proceedings involving Nevin Shapiro, the former UM booster who allegedly lavished millions of dollars in impermissible benefits on Hurricane football (mainly) and basketball players.

From the release:

Former NCAA enforcement staff members worked with the criminal defense attorney for Nevin Shapiro to improperly obtain information for the purposes of the NCAA investigation through a bankruptcy proceeding that did not involve the NCAA.

As it does not have subpoena power, the NCAA does not have the authority to compel testimony through procedures outside of its enforcement program. Through bankruptcy proceedings, enforcement staff gained information for the investigation that would not have been accessible otherwise.

As a result of misconduct on the part of his enforcement staff — conduct that he says “angered and saddened” him — president Mark Emmert confirmed that the NCAA “will not move forward with a Notice of Allegations against Miami until all the facts surrounding this issue are known.”

An external review of the NCAA’s enforcement program has been commissioned by Emmert.  Kenneth L. Wainstein, a partner with the law firm Cadwalader, Wickersham & Taft LLP, has been retained by the NCAA and will be charged with conducting “a thorough investigation into the current issue as well as the overall enforcement environment, to ensure operation of the program is consistent with the essential principles of integrity and accountability.”

Emmert hopes that the review will be completed in a period of 7-10 days.

“Trust and credibility are essential to our regulatory tasks,” said Emmert.  “My intent is to ensure our investigatory functions operate with integrity and are fair and consistent with our member schools, athletics staff and most importantly our student-athletes.”

Regardless of how long this external review takes, it’s yet another delay in an investigation that’s more than two years in the making.

Shapiro first came to the NCAA’s attention in August of 2010, with reports surfacing that the convicted felon was writing a tell-all book in which he was alleging former Hurricane players had committed major NCAA violations.  In August of the next year, the NCAA’s investigation became public knowledge; a Yahoo! Sports report that same month had Shapiro claiming he spent “millions of dollars” on six dozen UM student-athletes, with the benefits ranging from “cash, prostitutes, entertainment in [Shapiro’s] multimillion-dollar homes and yacht, paid trips to high-end restaurants and nightclubs, jewelry, bounties for on-field play (including bounties for injuring opposing players), travel and on one occasion, an abortion.”

In February of 2012, Shapiro, apparently agitated that nearly four dozen individuals connected to The U were lined up to testify against him in his federal trial, promised to take “that program down to Chinatown” and that the Miami story will become “an urban legend” before it’s all said and done.

Shapiro was ultimately sentenced to 20 years in prison for orchestrating what was in the neighborhood of a $1 billion Ponzi scheme.  The damage outside the courtroom, though, had already been done.

Miami has already self-imposed a bowl ban each of the past two seasons in an attempt to soften potential NCAA sanctions, although it was holding off on self-imposing scholarship reductions and other punitive measures for the time being.  How this latest revelation by the NCAA will affect a Notice of Allegations — if there even is one — remains to be seen.

Per the NCAA, a NOA is sent to notify a member institution that enough evidence exists that major violations have occurred and that The Association is moving forward in the process.  Some have asked whether misconduct on the part of the investigative staff will result in some sort of a “mistrial” for Miami’s case.

“It’s premature to answer that question,” Emmert said on a conference call Wednesday, adding, “this is a shocking affair.”

If/when Miami receives its NOA from the NCAA — Emmert said during the conference call that information obtained surreptitiously was a very small part of the case and would be “thrown out” — they will have 90 days to respond.  Following that response, UM will appear in front of the Committee on Infractions to answer the allegations.  Typically 6-8 weeks thereafter, the NCAA will issue its findings and any sanctions will be revealed.

Former K-State S Kaleb Prewett appears headed to Mizzou

MANHATTAN, KS - NOVEMBER 05:  Wide receiver Jay Lee #4 of the Baylor Bears catches a pass as defensive back Kaleb Prewett #4 of the Kansas State Wildcats defends during the game at Bill Snyder Family Football Stadium on November 5, 2015 in Manhattan, Kansas.  (Photo by Jamie Squire/Getty Images)
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In early February, Bill Snyder confirmed that Kaleb Prewett was no longer a member of the Kansas State football team.  Fastforward three months, and it appears the former Big 12 defensive back has found himself a new home at a former former Big 12 school.

While the school has yet to announce it, Prewett’s Twitter profile now indicates that he is a member of the Missouri Tigers. “Former Kansas State safety. Current Mizzou safety,” the bio now reads.

A couple of tweets from the former Missouri high school player seemed to hint at the development as well.

Prewett started eight of the first nine games at free safety, with the only game he missed being due to a concussion. He lost his job for the final three games, however, and then was kept away from K-State’s bowl game because of an alcohol-related arrest.

Prewett, a three-star 2014 recruit, played in six games as a true freshman.

Barring the unforeseen, Prewett will be forced to sit out the 2016 season to satisfy NCAA transfer rules. The defensive back would then have two years of eligibility remaining beginning in 2017.

Little-used Vols TE Neiko Creamer to transfer, look elsewhere for playing time

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Failing to make much of a dent during his first two-plus years in Knoxville, Neiko Creamer has decided to ply his football wares elsewhere.

Wednesday evening, UT head coach Butch Jones confirmed that Creamer has decided to leave the Volunteers football program and will transfer out.  According to Jones, he and his staff will help the tight end find the right fit at a new home.

No reason was given for Creamer’s decision to look elsewhere, although the opportunity for more playing time would be a good place to start.

A three-star member of UT’s 2014 recruiting class, Creamer, whose father, Andre, played for the Vols in the eighties, was rated as the No. 18 player at any position in the state of Maryland.  After redshirting as a true freshman, and working as both a linebacker and tight end, Creamer played in one game during the 2015 season.

Former Bowling Green lineman settles concussion lawsuit for $700K

DETROIT, MI - DECEMBER 4: The Bowling Green Falcons enters the field prior to the start of the game against the Northern Illinois Huskies on December 4, 2015 during the MAC Championship at Ford Field in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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A former Bowling Green football player who claimed he suffered permanent brain damage has settled a lawsuit with the university.

According to the Toledo Blade, Cody Silk will receive a $712,500 settlement in the agreement reached between himself and BGSU.  As part of the agreement, the university did not admit fault and the former offensive lineman agreed that he would not pursue any further damage claims.

Silk had filed his suit in 2013, claiming “that BGSU coaches and medical staff failed to withhold him from practices after he suffered repeated concussions.”  Silk claimed that he had suffered two concussions in 2010, but was cleared by the football program’s medical staff to return to full-contact status in practice; shortly thereafter, he suffered a third concussion.

The lineman subsequently parted ways with the team, lost his scholarship and dropped out of school.

The settlement came after Silk’s attorneys had asked the Ohio Court of Claims to reconsider their initial rejection.  From the Columbus Dispatch:

 The court initially rejected Silk’s claims, finding Silk signed a release of liability to play football in which he assumed the risk of possible injury. He refiled the claim last year. A state attorney claimed Silk was exaggerating and overreporting his symptoms, but the settlement will keep the case from going to trial.

In their motion for reconsideration, Silks’ representation contended, the Blade wrote, “the release [of liability] didn’t cover ‘wanton and willful misconduct,’ which he alleged BGSU’s conduct was.”

Hogs WR Keon Hatcher undergoes second surgery on same foot

FAYETTEVILLE, AR - SEPTEMBER 5:  Keon Harcher #4 of the Arkansas Razorbacks catches a touchdown pass over Kalon Beverly #32 of the UTEP Miners at Donald W. Reynolds Razorback Stadium on September 5, 2015 in Fayetteville, Arkansas.  (Photo by Wesley Hitt/Getty Images)
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An injury that wiped out most of Keon Hatcher‘s 2015 season has resurfaced.

On social media over the weekend, Hatcher posted a video which revealed his left foot encased in a post-surgery boot.  WholeHogSports.com subsequently confirmed through multiple sources that Hatcher had indeed undergone surgery recently.

The website writes “[i]t’s unclear why Hatcher required the surgery or whether he will miss any practice or playing time because of the surgery.”  The university has thus far declined to address the receiver’s status, although head coach Bret Bielema could be expected to touch on the situation during a post-spring press conference Thursday.

During Arkansas’ Week 2 upset loss to Toledo, Hatcher suffered a broken left foot that at first was expected to sideline him for a minimum of six weeks but, following surgery, ultimately cost him the remainder of the season.

At the time of the injury, Hatcher was the Razorbacks’ leader with 198 receiving yards and two touchdowns.  In 2014, he led the team with 558 yards receiving and six touchdowns.

Hatcher received a medical hardship waiver for the 2015 season, which will allow him to return as a fifth-year senior this season.