Donna Shalala

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.”

 

Jim Harbaugh is looking forward to seeing Chief Osceola and Renegade at the Orange Bowl

TALLAHASSEE, FL - SEPTEMBER 15:  Chief Osceola, mascot of the Florida State Seminoles plants a spear at midfield prior to a game against the Wake Forest Demon Deacons at Doak Campbell Stadium on September 15, 2012 in Tallahassee, Florida.  (Photo by Stacy Revere/Getty Images)
Photo by Stacy Revere/Getty Images
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Michigan head coach Jim Harbaugh and Florida State head coach Jimbo Fisher got together for a joint press conference in Miami today as the two coaches prepare to face one another in the Orange Bowl on December 30. Harbaugh said he is looking forward to the matchup but seemed to be much more interested in getting a chance to witness one of the pregame traditions of Florida State; Chief Osceola riding on Renegade and planting a spear in the turf.

“I’ve never been to a game at Florida State,” Harbaugh said. “I’ve always wanted to go there and see what that atmosphere was like in person. This will be as close as I’ve ever been to that. I’m excited for that. I know I’m going to get some chills when that Appaloosa comes riding out there.”

Of course, this isn’t exactly a home game for the Seminoles, so sometimes pregame traditions are put on ice for the bowl season. Knowing this, Harbaugh made his case and made sure everyone listening knows just how cool he thinks it is.

“I want to see that. That’s one of the cool things,” Harbaugh said. “We have cool things and other teams have cool things, but that is right up there as one of the coolest things.”

Fortunately for Harbaugh, he will indeed get a chance to witness this pregame routine in person. Florida State Associate Athletics Director Jason Dennard said on Twitter Chief Osceola and Renegade will make the trip to Miami from Tallahassee.

Houston reportedly closing in on a head coach; Kiffin and Miles still being considered

TUSCALOOSA, AL - APRIL 18:  Offensive coordinator Lane Kiffin of the Alabama Crimson Tide watches action prior to the University of Alabama A Day spring game at Bryant-Denny Stadium on April 18, 2015 in Tuscaloosa, Alabama.  (Photo by Stacy Revere/Getty Images)
Photo by Stacy Revere/Getty Images
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The Houston Cougars are reportedly hoping to have a new head coach named as soon as this coming weekend. As expected, Alabama offensive coordinator Lane Kiffin and former LSU head coach Les Miles are among the final candidates being considered for the job.

One candidate no longer to be in the mix, according to a report from Joseph Duarte of The Houston Chronicle, is Oklahoma offensive coordinator Lincoln Riley. That should be good news for Oklahoma, as it likely means Riley will be back in Norman for at least one more season to run the offense (and with Baker Mayfield coming back for 2017, the Sooners offense should continue to rack up some big numbers).

As noted by Duarte, five total candidates were vetted by Houston for the head coaching job. Kiffin, Miles and interim Houston coach Todd Orlando and offensive coordinator Major Applewhite along with Riley all were checked by the university as a decision is approaching.

KD Cannon promised Matt Rhule Baylor will beat Boise State in Cactus Bowl

WACO, TX - SEPTEMBER 12:  KD Cannon #9 of the Baylor Bears at McLane Stadium on September 12, 2015 in Waco, Texas.  (Photo by Ronald Martinez/Getty Images)
Photo by Ronald Martinez/Getty Images
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Baylor introduced new head coach Matt Rhule in a press conference setting today, and it would seem Rhule has already gotten some opportunities to speak to his new players in Waco. One player in particular delivered a promise to the new Bears head coach. Baylor wide receiver KD Cannon reportedly made a bowl game guarantee to Rhule.

Baylor started the season with a 6-0 record but dropped their last six games to enter the bowl season at just 6-6. The Broncos of Boise State finished the season with a 10-2 record and second in the Mountain Division behind Wyoming in the Mountain West Conference. Boise State has won six bowl game sin the last seven seasons between head coaches Chris Petersen (now at Washington) and Bryan Harsin.

Personally, I’m still trying to figure out how many people thought pairing Boise State and Baylor in a bowl game would be a good idea, considering the unfortunate story surrounding former Boise State and Baylor player Sam Ukwuachu. We can focus plenty on the non-controversial stuff leading up to the Cactus Bowl, but that is one story that cannot be totally overlooked either, especially given the current state of the Baylor football program.

Baylor and Boise State have never faced each other in football. The two will play in the Cactus Bowl in Chase Field in Phoenix, Arizona on Tuesday, Dec. 27.

Mark Emmert thought “Penn State’s season was spectacular”

INDIANAPOLIS, IN - JULY 23:  NCAA president Mark Emmert speaks during a press conference at the NCAA's headquarters to announce sanctions against Penn State University's football program on July 23, 2012 in Indianapolis, Indiana. The sanctions are a result of a report that the university concealed allegations of child sexual abuse made against former defensive coordinator Jerry Sandusky, who was found guilty on 45 of 48 counts related to sexual abuse of boys over a 15-year period. (Photo by Joe Robbins/Getty Images)
Photo by Joe Robbins/Getty Images
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There was a certain irony in seeing Penn State win and celebrate a Big Ten championship in Indianapolis on Saturday night. Penn State, five years after the horrifying revelations of the Jerry Sandusky scandal ripped through the program, university, and community, was slammed hard by the NCAA, whose offices are located in Indianapolis with sanction terms that were thought to be crippling for the program at the time in the summer of 2012.

So, with Penn State clinching the Big Ten title in the home city of the NCAA headquarters, what did NCAA President Mark Emmert have to say about it?

I thought Penn State’s season was spectacular,” Emmert said while taking questions at the Learfield Intercollegiate Athletics Forum in New York on Wednesday: “What coach [James] Franklin has done there, I think, is very, very impressive.”

Emmert has been criticized by many who have taken issue with the NCAA getting involved with any decisions regarding Penn State’s football program in the aftermath of the Sandusky fallout following the release of the Freeh Report, which the NCAA used in place of its own in-depth investigation.

“It’s great to see it bounce back and do well,” Emmert said of Penn State’s 11-2 season. “While people will occasionally say those sanctions were meant to cripple the university, that’s not true at all. I’ve always said and always believed Penn state is a wonderful university, because it is, and secondly it’s got great sports traditions.”

Emmert may say the sanctions dropped on Penn State were never meant to cripple the university, but that is exactly what a four-year postseason ban and a massive reduction of available scholarships (reduced to 15 per year as opposed to the typical 25) is intended to do. Regardless, Emmert had nothing but praise for Penn State’s 2016 season.

“How can you not be pleased that they’re playing good football again? That’s very good stuff.”