Miami’s response to NOA: many allegations ‘remain unsubstantiated’

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Confirming what was reported by the Associated Press Tuesday evening, Miami has in fact received its Notice of Allegations from the NCAA following an investigation into the program spanning over two years.

As of last month, that investigation appeared to be coming to an end with multiple outlets reporting the NCAA was close to handing Miami its NOA. That step took a backseat in a major way less than two weeks later when the NCAA announced it was investigating itself for improper conduct related to the Miami case.

The results of that independent investigation revealed select enforcement staff, including soon-to-be former Vice President of Enforcement, Julie Roe Lach, allowed Nevin Shapiro‘s attorney to depose witnesses in a bankruptcy case in order to seek information related to the UM investigation in exchange for money — despite the fact that the NCAA’s legal staff did not sign off on that particular tactic.

The NCAA did, however, sign off on continuing its investigation of UM and sent the university its NOA on Tuesday — this coming after Miami president Donna Shalala released a scathing open letter asking demanding no additional punitive measures be taken.

As one would imagine, Shalala’s response to the NOA is no different. In a release, Shalala claims that while Miami “takes full responsibility for those NCAA violations… based on fact”, many “allegations included in the Notice of Allegations remain unsubstantiated.” Shalala also directly attacks Shapiro’s claims of providing lavish benefits to athletes, including cars, bounties, and prostitution, calling the story “fabricated.”

It should be pointed out that, because the NCAA lacks subpoena power, it has considerably less access to relevant parties. That’s a big reason why the misconduct of using an attorney to depose witnesses for information occurred in the first place.

But if the NCAA is alleging certain violations by Miami that cannot be backed up without using information provided by Shapiro’s attorney, then the university could have a compelling counterargument on its hands. UM is a private institution and therefore not required to release the NOA.

Point being, Miami looks like it’s prepared to fight this one — be it in front of the COI or in a court of law.

Anyway, here’s Shalala’s statement in its entirety:

“The University of Miami deeply regrets and takes full responsibility for those NCAA violations that are based on fact and are corroborated by multiple individuals and/or documentation.  We have already self-imposed a bowl ban for an unprecedented two-year period, forfeited the opportunity to participate in an ACC championship game, and withheld student-athletes from competition.

“Over the two and a half years since the University of Miami first contacted the NCAA enforcement staff about allegations of rules violations, the NCAA interviewed dozens of witnesses, including current and former Miami employees and student-athletes, and received thousands of requested documents and emails from the University.  Yet despite our efforts to aid the investigation, the NCAA acknowledged on February 18, 2013 that it violated its own policies and procedures in an attempt to validate the allegations made by a convicted felon.  Many of the allegations included in the Notice of Allegations remain unsubstantiated

“Now that the Notice of Allegations has been issued, let me provide some context to the investigation itself:

> Many of the charges brought forth are based on the word of a man who made a fortune by lying. The NCAA enforcement staff acknowledged to the University that if Nevin Shapiro, a convicted con man, said something more than once, it considered the allegation “corroborated”—an argument which is both ludicrous and counter to legal practice.

> Most of the sensationalized media accounts of Shapiro’s claims are found nowhere in the Notice of Allegations.  Despite their efforts over two and a half years, the NCAA enforcement staff could not find evidence of prostitution, expensive cars for players, expensive dinners paid for by boosters, player bounty payments, rampant alcohol and drug use, or the alleged hundreds of thousands of dollars in cash and gifts given to student-athletes, as reported in the media.  The fabricated story played well—the facts did not. 

> The NCAA enforcement staff failed, even after repeated requests, to interview many essential witnesses of great integrity who could have provided first-hand testimony, including, unbelievably, Paul Dee, who has since passed away, but who served as Miami Athletic Director during many of the years that violations were alleged to have occurred.  How could a supposedly thorough and fair investigation not even include the Director of Athletics? 

> Finally, we believe the NCAA was responsible for damaging leaks of unsubstantiated allegations over the course of the investigation.   

Let me be clear again: for any rule violation—substantiated and proven with facts—that the University, its employees, or student-athletes committed, we have been and should be held accountable.  We have worked hard to improve our compliance oversight, and we have already self-imposed harsh sanctions.   

We deeply regret any violations, but we have suffered enough. 

The University and counsel will work diligently to prepare our official response to the Notice of Allegations and submit it to the Committee on Infractions within the required 90-day time period. 

We trust that the Committee on Infractions will provide the fairness and integrity missing during the investigative process.”

 

Report: Big 12 still raking in SEC-level cash

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It’s a bad time for the Big 12. The conference isn’t signing blue chip prospects at the rate of its peers, isn’t producing draft picks at the rate of its peers and isn’t reaching and winning big games at the rate of its peers.

But the Big 12 is still getting paid at the rate of its peers.

The league’s contracts with ESPN and FOX combined with its 10-team set up have allowed the Big 12 to keep pace with the SEC and Big Ten and remain ahead of the ACC and Pac-12 in financial distribution. The Dallas Morning News‘s Big 12 writer Chuck Carlton tweeted on Friday the league’s per-school distribution will again grow 10 percent to more than $33 million in 2017-18.

The SEC distributed just north of $40 million in 2016-17, while the Big Ten was at $33 million by 2014-15.

However, since the Big 12 does not have its own television network, its conference distributions do not include third-tier rights, which its schools keep and sell on their own — like the Longhorn Network. So schools like Texas, Oklahoma and Kansas are likely getting paid equal or above their SEC and Big Ten peers.

Now if only they could start recruiting and winning like them, too.

Former Texas DT Jordan Elliott headed to Mizzou

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Former Texas defensive tackle Jordan Elliott will now be a Missouri Tiger, he announced on Friday.

Elliott chose Missouri to follow Brick Haley, his defensive line coach in Austin that landed at Mizzou after Charlie Strong‘s firing.

“They’re a program that’s on the come up, SEC ball is the highest level,” Elliott said in an interview with Power Mizzou. “Coach Haley is one of the best D-Line coaches out there. Missouri’s a powerhouse for defensive linemen. They’re coming and going first round every year. That’s real appealing to me.

“I talked to coach Haley and got it rolling.”

Elliott was a Signing Day addition to Strong’s 2016 class who was committed to Michigan before his late flip. He said that his one season in Austin amounted to a year-long version of buyer’s remorse.

“There’s a lot of speculation going around, but at the end of the day I just wasn’t happy there,” he said. “It’s nothing against the coaches at Texas, they’re great coaches. It’s a great program and I really learned a lot of things, but I just never really enjoyed Texas since I first got there.”

Elliott posted eight tackles and 1.5 TFLs in six appearances as a true freshman last season before suffering a torn MCL against Iowa State in October.

He would have been in line for starter’s snaps had he remained on Tom Herman‘s squad this fall. Instead, Elliott will sit out the 2017 campaign and have three years remaining to compete as a Tiger beginning in ’18.

 

WATCH: FCS player paralyzed in 2015 game vs. Georgia walks

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Tired of the continuous stream of negative college football news? Here ya go.

During a September 2015 game against Georgia, Southern wide receiver Devon Gales sustained a severe spinal injury that left him paralyzed and hospitalized for five months. This week, Gales used Twitter to offer up a very encouraging and inspiring update — the former wide receiver, with the assist of a couple of physical therapists, taking a dozen steps.

On the way indeed.

In February, Georgia announced that it was launching “Drive to Build a Dawg House” for Gales and his family.

Nebraska WR Stanley Morgan avoids felony pot possession charge

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One of the top playmakers in Nebraska’s passing game has avoided what was originally a serious legal charge.

According to KETV-TV in Omaha, Stanley Morgan was arrested following a traffic stop May 6 in Port Orange, Fla., for possession of 21.4 grams of marijuana; according to the penal code in the state of Florida, possession of more than 20 grams of weed is considered a felony.  However, the television station wrote, “prosecutors charged the case as ‘possession of cannabis not more than 20 grams,’ making it a misdemeanor.”

Why the the charge against Morgan went from a potential felony to a misdemeanor — or reduced as the Associated Press reported — wasn’t detailed.  A misdemeanor possession of paraphernalia charge was dropped as well.

Cornhuskers defensive back Antonio Reed was also in the vehicle that was driven by his teammate and was charged with misdemeanor pot possession as well.

“Head Coach Mike Riley and the Athletics Department are aware of a recent incident in Florida involving Stanley Morgan Jr.,” a statement from the university began. “We will have no additional comment until we have all information regarding this matter.”

Morgan’s 33 receptions for 453 yards were second on the team last season.  With Jordan Westerkamp‘s departure, the junior is the Cornhuskers’ leading returning receiver.

Also a junior, Reed played in 22 games last season.  He was credited with 22 tackles.