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Miami calls for ‘no additional punitive measures’ from NCAA

SHALALA AP

Released earlier today, the independent report into the NCAA’s mishandling of certain aspects of the investigation into the Miami football program seemingly left many more questions than it delivered answers.

Information obtained outside of normal NCAA protocol will be tossed out, as expected, but those hoping for a quasi-mistrial were disappointed as The Association confirmed that the process of investigating allegations of impermissible benefits will go forward.  A scathing response to the report’s findings and the NCAA’s insistence on continuing the probe, though, suggests the university will continue its push for a resolution in the case that comes sooner rather than later and with no additional sanctions — or else.

In Donna Shalala’s scorched-earth statement blasting, in essence, the NCAA’s ineptness, the UM president accused the NCAA of not living “up to their own core principles” in what she described as an “already-flawed investigation” highlighted by “a disappointing pattern of unprofessional and unethical behavior.”  Stressing that there “must be a strong sense of urgency to bring this to closure,” Shalala stated unequivocally that “we believe that this process must come to a swift resolution, which includes no additional punitive measures beyond those already self-imposed.”

Each of the past two seasons, Miami has self-imposed a postseason ban on the football program.

The intimation from Shalala, of course, is that the NCAA could face litigation down the road if further sanctions are imposed.  It’s unclear exactly how the NCAA will react to what’s essentially a (well-deserved) threat from one of its members.

Regardless, below is the full text of Shalala’s statement:

The University takes full responsibility for the conduct of its employees and student-athletes.  Where the evidence of NCAA violations has been substantiated, we have self-imposed appropriate sanctions, including unilaterally eliminating once-in-a-lifetime opportunities for our students and coaches over the past two years, and disciplining and withholding players from competition. 

We believe strongly in the principles and values of fairness and due process. However, we have been wronged in this investigation, and we believe that this process must come to a swift resolution, which includes no additional punitive measures beyond those already self-imposed.

In September 2010—two and a half years ago—the University of Miami advised the NCAA of allegations made by a convicted felon against former players and, at that time, we pledged our full cooperation with any investigation into the matter.  One year later, in August 2011, when the NCAA’s investigation into alleged rules violations was made public, I pledged we would ‘vigorously pursue the truth, wherever that path may lead’ and insisted upon ‘complete, honest, and transparent cooperation with the NCAA from our staff and students.’

The University of Miami has lived up to those promises, but sadly the NCAA has not lived up to their own core principles.  The lengthy and already flawed investigation has demonstrated a disappointing pattern of unprofessional and unethical behavior.  By the NCAA leadership’s own admission, the University of Miami has suffered from inappropriate practices by NCAA staff.   There have also been damaging leaks to the media of unproven charges.  Regardless of where blame lies internally with the NCAA, even one individual, one act, one instance of malfeasance both taints the entire process and breaches the public’s trust. 

There must be a strong sense of urgency to bring this to closure.  Our dedicated staff and coaches, our outstanding student-athletes, and our supporters deserve nothing less.

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41 Responses to “Miami calls for ‘no additional punitive measures’ from NCAA”
  1. YouMadCauseImStylingOnYou says: Feb 18, 2013 6:41 PM

    The NCAA is down

    Holding their sanctions and down.

  2. 1trojanlove says: Feb 18, 2013 6:42 PM

    USC, Ohio St., and Penn St. Are laughing right now….

  3. kane337 says: Feb 18, 2013 6:45 PM

    There should be no further punishment against the University of Miami. End the investigation now. 2 1/2 years of waiting for a ruling is long enough.

  4. honkerdawg says: Feb 18, 2013 7:01 PM

    About time somebody stood up to the Nazi Coll Athletic Assoc. These guys run rampant doing whatever they please to college programs and athletes without ANY checks on themselves. It’s time to revamp the process and hold the NCAA to the so called “higher” standard that they expect others to follow

  5. sparky151 says: Feb 18, 2013 7:02 PM

    Yeah Miami, that’s not going to happen. To some extent the process is the punishment, with a lengthy investigation hurting recruiting. If the Hurricanes are lucky, the process might have a resolution before this football season but they probably won’t be that lucky.

  6. MasMacho says: Feb 18, 2013 7:02 PM

    Uh, yeah. And Ryan Braun didn’t do anything wrong because his sample was mishandled… and Lance Armstrong was innocent because he never failed a drug test…

    Begging off your punishment due to a very motivated and aggressive NCAA? #LikelytoFail. Only one zip code in America believes the U should be let off the hook here.

    The only serious issue here is that a lawsuit would force discovery of NCAA sources, and implicate a TON of whistleblowers and snitches… which won’t do anyone any good.

  7. effjohntaylornorelation says: Feb 18, 2013 7:20 PM

    Miami got extremely lucky here. Lets just hope they don’t confused a lack of additional (and properly due punishment) for innocence. This program has been rife with continued egregious disregard of laws and bylaws for years.

  8. barnesaintnoble says: Feb 18, 2013 7:23 PM

    Sun Life Stadium is 21 miles away from campus and might reach 1/4 capacity on gameday. That’ll make it difficult enough to become a powerhouse again and that’s good enough of a penalty for me.

  9. canetic says: Feb 18, 2013 7:29 PM

    Of course only the U would have the balls to stand up to the NCAA! The NCAA is ’bout to get served! The rest of you member schools need to step up behind Miami.

  10. Rockie D. Bull says: Feb 18, 2013 7:49 PM

    Miami still committed the “crimes” (for years); they still need to to the time (sanctions) – regardless of how inept the NCAA was at investigating them.

    This is nothing more than blustering by Donna Shalala; it was Miami’s choice to self impose sanctions without an NCAA official ruling, no one forced them to.

    If the “Mighty Sugarcanes” weren’t guilty of anything, why self impose any sanctions before you have to? Claiming 2 1/2 years of awaiting sanctions is punishment enough is ludicrous, especially when the Miami has been running for the filthiest program in all of college football since the SMU death penalty.

  11. Slim Charles says: Feb 18, 2013 7:59 PM

    MasMacho, using hashtags outside of twitter? #SignYoureATool

  12. ironman721 says: Feb 18, 2013 8:01 PM

    You should never laugh at others misfortunes but in the case if the NCAA, hahahahahahaha…hahahahahahaha

  13. huskerzfan says: Feb 18, 2013 8:16 PM

    “already-flawed investigation” highlighted by “a disappointing pattern of unprofessional and unethical behavior.” Stressing that there “must be a strong sense of urgency to bring this to closure,” Shalala stated unequivocally that “we believe that this process must come to a swift resolution, which includes no additional punitive measures beyond those already self-imposed.”

    Nice try Ms. Shalala.

    Regardless of your power and ‘knowing’ of people, one of your biggest donors over the last decade is Nevin Shapiro. Numerous photos exist with you and him in congratulatory nature.

    Numerous photos exits of Nevin and former Miami players.

    Thus, if you want to push away Nevin Shapiro, then you also have to admit to having very solid relations with a now known convicted felon. A felon that is undoubtedly on record as being one of the biggest boosters and contributors to the Miami football program.

    That still has to be answered as to why Donna and the University of Miami dealt with such scum at one point in time and accepted his gratuitious amounts of donations to the U.

    Your turn Donna. Show the books.

  14. necr0philia says: Feb 18, 2013 8:46 PM

    This is to all the idiots, yes you, the ones that pretend you have a clue because you read yahoo sports or watched espn. You sit there and criticize this team and fan base off of something you read from yahoo ( hence you being an idiot ) or what ever news channel that you believe to be factual. Remember you FN hypocrites he who has not Sin cast the 1st stone. Your pretty pathetic in your attempt to play Jesus or some sort of sheriff. You can reply below but remember your a FN Hypocrite.

  15. huskerzfan says: Feb 18, 2013 9:24 PM

    @ nercrophilia:

    This is to all the idiots, yes you, the ones that pretend you have a clue because you read yahoo sports or watched espn. You sit there and criticize this team and fan base off of something you read from yahoo ( hence you being an idiot ) or what ever news channel that you believe to be factual. Remember you FN hypocrites he who has not Sin cast the 1st stone. Your pretty pathetic in your attempt to play Jesus or some sort of sheriff. You can reply below but remember your a FN Hypocrite.

    Simple question.

    Was Nevin Shapiro a major booster of the Miami football program for over a decade?

    Was a now convicted felon and Ponzie scheme artist a major booster to the ‘U’?

  16. effjohntaylornorelation says: Feb 18, 2013 10:45 PM

    It’s funny how fiercely loyal some can be in the face of wrongdoing

  17. latchbeam says: Feb 18, 2013 10:48 PM

    Death Penalty!!!

  18. rodge1 says: Feb 18, 2013 11:26 PM

    You haters act like Miami is the only team that breaks rules… All schools do shady things, even yours.

  19. atxcane says: Feb 18, 2013 11:28 PM

    Miami is probably not going to get much more punishment.

    Think about it…the NCAA isn’t going to skirt ethics and policy and PAY a convicted felon for testimony if they have a good case. That they acted in such a manner gives you a good idea of what they’ve got on Miami. If it was a slam dunk like some of the more ignorant (and I’m using that word in the least insulting way) followers thought, there would be no witness tampering necessary. It’s laughable at this point.

    The NCAA has given illicit benefits to Shapiro himself (4.5k for testimony, 8k for cell phone) and his attorney (18k, though 60k was billed) far in excess of what the NCAA has found University of Miami athletes to have taken (somewhere between 4k and 7k total).

    I guess the ultimate irony is that the NCAA *knew* who they were dealing with in Shapiro, whereas the University didn’t, and yet the NCAA wants to hold the University to a higher standard.

  20. barnesaintnoble says: Feb 18, 2013 11:50 PM

    The internet has been terrible for spelling and grammar.

  21. MasMacho says: Feb 19, 2013 12:33 AM

    @Slim Charles,

    Take a look in the mirror, kid.

    I can’t believe I got called a tool by a guy commenting on a comment on a sports blog.

  22. frug says: Feb 19, 2013 2:19 AM

    The NCAA has given illicit benefits to Shapiro himself (4.5k for testimony, 8k for cell phone) and his attorney (18k, though 60k was billed) far in excess of what the NCAA has found University of Miami athletes to have taken (somewhere between 4k and 7k total).

    Those may seem unsavory but they are not illicit. They were neither illegal nor did they violate NCAA rules.

  23. frug says: Feb 19, 2013 2:19 AM

    That was @atxcane.

  24. frug says: Feb 19, 2013 2:27 AM

    Sorry for the triple post but just because I know some people question what I have said here is the exact quote from page 4 of the review;

    …we find that the facts do not establish that any NCAA employee knowingly violated a specific bylaw or law. While the Enforcement Staff may have
    disregarded the advice of the Legal Staff in proceeding with the proposal, that conduct does not appear to have violated any written NCAA rule. We have also found no apparent violation of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or Bankruptcy Court orders by NCAA staff.

  25. mrpickled says: Feb 19, 2013 2:38 AM

    Boom! Charges dropped against Oregon too.

  26. divingdancer says: Feb 19, 2013 6:22 AM

    “The University takes full responsibility for the conduct of its employees and student-athletes.”

    SERIOUSLY? When did that start? They have NEVER taken responsibility for the wrongdoings of their athletic programs, and the fact that the hammer hasn’t fallen on them in a really serious way, has simply reinforced their bad behavior. The “U” has been morally and ethically corrupt since at least the 1980s. It has been under investigation, and found guilty, more times than I can count in the past 25 years. In my opinion it’s time that it caught up to them.

    Yeah, the NCAA bungled the process. But that does not mean that Miami didn’t do everything that they are alleged to have done. Sorry, Shalala, but just because the NCAA screws up, it doesn’t mean that you get a free pass to keep right on being the thugs of the college sports world.

    If Penn hadn’t come along with a serial child molester, and a coverup, Miami would still hold the title for the most egregious flaunting of bad behavior in the history of the NCAA. You, and yours, deserve whatever even a flawed investigation hands you. If you truly “take responsibility”, then let your actions speak more honestly than your words. A couple of self-imposed bowl bans won’t cut it. Stop the grandstanding, and stop with the crap that has gotten all of you by for so many years. Only when that stops, and you HONESTLY take responsibility for the bad behavior of your programs, and stop covering for them, will Miami start to move forward. Until then, your administration just looks like a parent who lets their thug kid get away with everything, and making excuses for them when they get caught. Miami is an embarrassment, and so is your management of this problem.

  27. atxcane says: Feb 19, 2013 8:03 AM

    @frug

    I read the entire report, that section you quoted was worded *very* precisely. The NCAA did not *explicitly* break any *bylaws* or [US] *laws*.

    They did however violate several NCAA *policies*. That’s analogous to taking $5k from petty cash at work and blowing it on strippers. It doesn’t break any laws, but violates the work policy for what petty cash can be used for.

    Likewise with US laws, there isn’t an explicit law saying “the NCAA cannot be involved in a bankruptcy hearing”, but they’ve certainly exposed themselves to fraud lawsuits on behalf of the other creditors (creditors who had to pay their own lawyers out of pocket to stand by and watch Perez depose someone for the NCAA, for information completely unrelated to the bankruptcy trial).

  28. mhalt99 says: Feb 19, 2013 8:15 AM

    coming from the same program who just sent out an email that Two Hookers and an Eight Ball…errrr:

    “Michael Irvin stands for Championships” note, no idea why “stands” isn’t capitalized but that’s how they sent it out.

  29. florida727 says: Feb 19, 2013 9:15 AM

    I know there’s a big difference between child molestation and taking money from a convicted felon, but let’s face it… if you’re a Miami fan, you’re going to side with Miami, just like the Penn State apologists will stand behind Joe Paterno. Nothing wrong with that. It’s called being a “fan”.

    My opinion only, but I think Miami “self-imposed” sanctions for one reason and one only: if we do this to ourselves, we’ll get a break from the NCAA, maybe avoid harsher punishment, potentially even the so-called death penalty. Bottom line: Shalala jumped the gun. Now she wants no more sanctions. Sorry girl, it doesn’t work that way. Two wrongs don’t make a right. Regardless of what the NCAA did, that doesn’t absolve you and “U” from what was done with regard to Shapiro. You align yourself with filth, expect your hands to get dirty.

  30. atxcane says: Feb 19, 2013 9:41 AM

    Also, if you have time and need a good laugh, I encourage everyone to read the whole report, critically.

    And while you’re reading it, imagine if instead of referencing employees and COOs, the titles are switched to assistant coaches and higher-ups. Then imagine what the NCAA would have done to a school that behaved in a similar manner.

    I kid you not, there is a section about the improper payments to Shapiro’s attorney. The employee talked to one higher-up who said “well there is this rule…but I like your creative way of getting around it” (via email), followed by several people approving the payment, all the way up to the COO. Then the report concludes that you can’t hold the COO or others responsible for the actions of the initial employee — despite the fact they all *explicitly* approved it!

    Now imagine a DL coach goes to the recruiting coordinator and says he wants approval to drop $50k into the collection basket at a recruit’s church. The RC sends an email back “hey, great work-around!”, and the athletic director sends an email “yeah, I think we have that in our budget”. You think the NCAA would say “well, we can’t hold the school responsible for the actions of that DL coach”? LOL.

  31. canesgiants says: Feb 19, 2013 9:48 AM

    My opinion only, but I think Miami “self-imposed” sanctions for one reason and one only: if we do this to ourselves, we’ll get a break from the NCAA, maybe avoid harsher punishment, potentially even the so-called death penalty. Bottom line: Shalala jumped the gun. Now she wants no more sanctions. Sorry girl, it doesn’t work that way. Two wrongs don’t make a right. Regardless of what the NCAA did, that doesn’t absolve you and “U” from what was done with regard to Shapiro. You align yourself with filth, expect your hands to get dirty.
    ====================================
    capt obvious did u come up with this opinion all on your own. no shit this is why they did it.

    so are u saying that all those people that got screwed by nevin shapiro in a ponzi scheme got what they deserved??

  32. olskool711 says: Feb 19, 2013 11:20 AM

    “In Donna Shalala’s scorched-earth statement blasting, in essence, the NCAA’s ineptness”

    If there was every anyone who is an absolute expert, a professional at bureaucratic ineptness it is Donna Shalala. In this case she knows what she is talking about.

    Talk about the pot calling the kettle black.

  33. palmbeachbuckeye says: Feb 19, 2013 11:28 AM

    Regardless of what evidence was obtained against the NcAA’s own policy, the fact remains that most of the evidence gathered is valid, did occur, and Miami has acknowledged most of it by self-imposing penalties. Just because the messenger is bad, doesnt mean the message is as well. Shalala wants her cake and eat it too– SHE was the one photographed with Nevin Shapiro taking a GIANT check at a bowling party, gave Nevin unlimited access to the University heirarchy, allowed Nevin access to the football team, and was asleep at the wheel when Nevin was giving extra benefits to athletes. How she is not fired is beyond me. What she is doing is what her old buddies the Clintons do… Take a legit story, try to deflect it, turn it around on the accusers, and threaten legal action. The NCAA is appointed by the presidents of the Univeristies and conferences themselves to oversee the Process. Its a shitty system and needs to be scrapped, but nonetheless that is the system everyone agreed to. No basis for lawsuit if your school and conference agreed to the NCAA in the first place.

  34. raiderufan says: Feb 19, 2013 12:06 PM

    Anyone who thinks the NCAA has a leg to stand on after looking at what the school punished itself with and the NCAA admitting to a witch hunt needs to get a clue. Sure, if they did it clean the sanctions would probably be stiffer than what’s been done but things are different now. Any sanctions would go directly to court with pretty heavy evidence against a clean investigation and all the time in the world for Miami.

    And further more….don’t think your team wouldn’t do whatever needed to make the sanctions less and that’s exactly what Shalala is doing. It’s business people and she’d be way worse at her job than you people like to point out if she didn’t do this.

  35. gatorprof says: Feb 19, 2013 12:09 PM

    What did you expect them to say?

  36. palmbeachbuckeye says: Feb 19, 2013 12:21 PM

    OSU accepted the findings even though there was evidence that the NCAA went around to local businesses in Columbus and tried to entice people to talk…. that didnt make the findings invalid. What the NcAA did in the Miami case was neither illegal, or violated NcAA bylaws. They did go against their own legal counsel(s) advice and someone got wind of it so they were forced to come clean. None of that has any basis for a lawsuit as any evidence gathered in that manner will be discarded. Much as evidence gathered in a law enforcement case is gathered improperly–its thrown out and any other evidence gathered can be used. Shalala is fighting for her own job and the NCAA has to be hard on Miami now in order not to look like a total failure.

  37. utteke says: Feb 19, 2013 12:32 PM

    “a disappointing pattern of unprofessional and unethical behavior.”

    Donna – You worked in the Federal Gov’t for 8 yrs. and this is all new to you???

  38. florida727 says: Feb 19, 2013 1:02 PM

    canesgiants says: Feb 19, 2013 9:48 AM
    capt obvious did u come up with this opinion all on your own. no shit this is why they did it. so are u saying that all those people that got screwed by nevin shapiro in a ponzi scheme got what they deserved??

    —————————————————-

    Are you naturally ignorant, or did you acquire it through hard work and diligence? Where the f— did you see any reference to ponzi schemes and the people affected by them in my post? You’re an idiot of epic proportions. I’ve got to figure out how you got there, you know, just in case I want to try it sometime.

  39. southbeachtalent says: Feb 19, 2013 1:42 PM

    Wow, didn’t know our program meant so much to some of you guys. Glad to see the Canes are still on your minds.. Can’t imagine if we were actually contenders..

    I guess decades of winning will do that.

  40. seamus0317 says: Feb 19, 2013 3:58 PM

    Sorry Donna, The U is and was dirty and a technicality and ignorant NCAA enforcement person doesn’t get you off the hook!

  41. Scott says: Feb 19, 2013 6:19 PM

    What the Hell is wrong with all you haters? Nothing better to do on a Tuesday? Yes, we can all agree that the U players did “something” wrong. The university agreed and decided they might as well start punishing themselves before the NCAA started doing it. It was the university who brought the allegations to the NCAAs attention in the first place. Then the NCAA investigators took 2+ years to gather information. This information was so damaging and such a sure fire, open and shut case of Miami players and coaches breaking the rules, that they still had to pay thousands to Shapiro and his lawyer to get enough info to bust the Canes.

    C’mon. I’m not saying the Canes are innocent, but you morons clamoring for the death penalty or calling Miami the dirtiest program in NCAA history don’t have any idea what you are talking about.

    I am also not saying the NCAA must drop their case, but their behavior in this case must lead to the ouster of Emmert and the reformation of a completely new NCAA investigative committee.

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