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.”

 

Baylor strength coach apparently no longer with the program

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It seems every bit of news related to Baylor football nowadays has to do with the school’s on-going sexual assault scandal but it appears there is one bit of information coming out of the program that doesn’t have something to do with that.

A school spokesperson told ESPN on Friday that football strength coach Kaz Kazadi has been “reassigned to a role outside the athletic performance staff.” A report from the local ESPN Radio affiliate in Waco indicates that the move will eventually have the coach leaving the school altogether.

Kazadi spent nearly a decade with the Bears and played a big role in the team’s on-field turnaround under the former coaching staff. Several former players took to Twitter on Friday to express their shock over the loss of one of the cornerstones of the team in recent years.

After the hire of Matt Rhule this offseason, it isn’t too surprising to see some turnover among those staff members connected to the previous regime. Baylor’s new head coach brought most of his strength staff with him from Temple so it was probably only a matter of time before Kazadi moved on, though the timing of the quasi-announcement (the Bears started spring football last weekend) is somewhat interesting.

Either way, it appears Baylor will have a new direction in the weight room going forward.

Michigan’s Jim Harbaugh has ditched his Dockers for another

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Peanut butter and jelly. Milk and cookies. Batman and Robin. Maize and blue. Jim Harbaugh and khakis.

All are iconic combinations, but it appears the latter is undergoing a few changes right now.

The Michigan head coach’s affinity for a pair of khakis has been so strong over the years that it’s become almost comical how much he likes the style of pant. Heck, he even got a commercial out of it a few years ago when he specifically started getting outfitted with Dockers brand khakis.

Despite being a paid endorser though, it appears that Harbaugh has dropped the famous Levi’s brand version of khakis to attack the day with an enthusiasm unknown to mankind in another pair of pants.

Not only is the switch from Dockers to Lululemon result in a lot more comfort for the Wolverines coach, it’s probably a bit more of a hit to the ol’ wallet than dropping by Walmart for a pair of khakis off the shelf. It probably doesn’t make a huge difference for Harbaugh though given that he’s the highest paid coach in the country but it might result in a few more trips to the mall.

Either way, what it does mean is that now we demand a new commercial featuring Harbaugh and khakis. After all, if you’re upping the clothing game, you’ve got to up the ad game as well.

Former Penn State president found guilty of role in Sandusky scandal

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Former Penn State president Graham Spanier’s day in court has come and has resulted in a guilty verdict.

The Centre Daily Times is among the outlets reporting that a jury has found Spanier guilty of one count of endangering the welfare of children in a trial related to his role in the Jerry Sandusky sex abuse scandal. In addition, Spanier was found not guilty on two other counts, one a similar child endangerment charge and the other a count of criminal conspiracy.

The verdict comes after lengthy deliberations by the jury in the case, which took a turn last week when former Penn State athletic director Tim Curley and vice president Gary Schultz plead guilty to child endangerment charges as part of the same trial. All three figure to be sentenced in the next few months.

Prior to the scandal, Spanier was widely considered to be one of the most respected college presidents in the country and heavily involved in NCAA matters. However he was one of several key figures fired by the school as a result of covering up the actions of Sandusky, the Nittany Lions’ former defensive coordinator who was found guilty on 45 charges of sexually abusing minors.

While the verdict is likely to be appealed, Spanier is nevertheless facing the prospect of joining Sandusky behind bars as a result of his own involvement in the scandal.

Dad of RB Kingston Davis says son will transfer from Michigan

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Michigan’s the latest football program to see its roster hit with the annual spring personnel attrition.

The father of Kingston Davis confirmed to Sam Webb of Scout.com that his son informed UM officials earlier Friday of his intention to transfer from the Wolverines.  Apparently there were two reasons that triggered the running back’s decision: a crowded backfield and chatter that he would be changing positions.

While 2016 leading rusher De'Veon Smith is gone, the Wolverines’ second-, third- and fourth-leading rushers from last season — rising sophomore Chris Evans (614 yards), rising junior Karan Higdon (425), rising fifth-year senior Ty Isaac (417) — all return. Kareem Walker, a four-star 2016 recruit rated as the No. 4 running back in the country, sat out last season because of academics but should be a part of the rotation as a redshirt freshman. They also added four-star (O'Maury Samuels) and three-star (Kurt Taylor) backs as part of their 2017 recruiting class.

A three-star 2016 recruit, Davis was rated as the No. 1 fullback in the country in that year’s class. As a true freshman, the 6-1, 245-pound back carried the ball twice for 17 yards.