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.”

 

Versatile playmaker Janarion Grant back to 100 percent for Rutgers

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The opening of the Big Ten’s Media Days Monday brought some welcome news for Rutgers fans.

One of the most explosive and productive players in the conference, Janarion Grant went down with a serious-looking ankle injury — at the end of a 76-yard touchdown — late in the first half of a Week 4 game against Iowa that ultimately ended the wide receiver’s 2016 season.  Grant was in non-contact mode this past spring, leading some to wonder whether he’d be available for summer camp or even the start of the upcoming season.

Yesterday, Chris Ash put any such fears to rest by declaring Grant completely recovered less than two weeks ahead of the start of camp.

“He’s 100 percent… He’s had a great summer,” the head coach said according to nj.com. “He was limited through the spring semester, but this summer he’s been pretty much full go for the majority of the summer. He looks great, he’s in great shape, he’s put weight back on. We’re obviously excited to have him back.”

At the time of the injury, Grant led the Scarlet Knights with 15 receptions and was second on the team with 143 yards rushing. His 562 all-purpose yards were tops in the Big Ten entering Week 4 play last year.

He had six touchdowns in those three-plus games and did it in a quartet of ways — rushing (three), punt return (one), kick return (one) and passing (one).

Suffice to say, Grant was named as part of the Hornung Award watch list earlier this month.  He’s on the watch list for the prestigious Maxwell Award as well.

Ohio State DL Darius Slade to transfer

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In a day packed full of Big Ten moves becoming official, Ohio State has added a roster move of its own.

Urban Meyer revealed at the conference’s media gathering in Chicago on Monday that defensive lineman Darius Slade will not return to the team.

A 3-star recruit out of Montclair, N.J., Slade (42) redshirted in 2014 and missed the ’16 campaign with a lower leg injury. He racked up seven appearances in 2015.

Slade was expected to back up Sam Hubbard at defensive end.

Meyer said that he “thinks” Slade is off to Arizona State. If that’s true, Slade would have two years of eligibility to play as a Sun Devil unless the NCAA approved a waive for him.

Indiana RB Camion Patrick, LB T.J. Simmons medical hardships

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Indiana running back Camion Patrick and linebacker T.J. Simmons will not return to the team this fall after being granted medical hardships, the program announced Monday. Both players would be fifth-year seniors in 2017.

Simmons appeared in 37 games with 35 starts before suffering a season-ending injury that knocked him out of the 2016 campaign entirely. He collected 213 tackles, six sacks, 16.5 TFLs, two forced fumbles and one fumble recovery as a Hoosier. Simmons will remain with the program as a student assistant.

“T.J. was a three-year starter and a tough kid that I was looking forward to coaching,” head coach Tom Allen said in a statement. “He did everything that he could to get himself back from his knee injury, but he was unable to reach a place where he could consistently play. T.J. is excited about his new role as a student assistant coach in the weight room and on the field. He will be helping his teammates get better. T.J. has such a passion for the game and this program, and I am thrilled to have him help us breakthrough.”

Patrick arrived from East Mississippi Community College — of Last Chance U. fame — and proceeded to sustain injuries to his ACL and a shoulder. He caught six passes for 154 yards with one receiving touchdown and one rushing score for Indiana.

“Unfortunately, Camion dealt with multiple injuries during his time at IU and was never able to fully recover,” Allen said. “He has worked hard in the classroom. Camion has battled to get back following each injury, but his body has let him down. He recognizes that. We recognize that, and we want to help him finish strong in the classroom and help him create a bright future for himself.”

Penn State K Joey Julius no longer with the team

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Joey Julius was everyone’s favorite kickoff specialist last season. Sadly, he won’t be your favorite kickoff specialist in 2017.

At Big Ten media days on Monday, the Nittany Lions unveiled their 2017 roster and Julius was not on it.

Listed at 5-foot-10, 258 pounds, Julius announced in May he would seek treatment for an eating disorder.

“I have been struggling over the last couple months with my eating disorder,” he announced at the time. “It got to the point where I had to return to St. Louis to seek further treatment at the McCallum place. Recovery is a wonderful and beautiful thing that I am working on returning too.”

Julius handled 93 kickoffs for the 2016 Big Ten champions, averaging 62.1 yards per kick with 45 touchbacks. His kickoff average ranked 47th nationally, and his 48.4 touchback percentage was 40th in FBS. Julius made 10-of-12 field goals and 20-of-24 extra points in 2015 before ceding the job to Tyler Davis last season.