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.”

 

Veteran secondary starter dismissed by Colorado State

LAS VEGAS, NV - DECEMBER 20:  Wide receiver Kaelin Clay #8 of the Utah Utes runs for yardage after catching a pass as defensive back Preston Hodges #24 of the Colorado State Rams hits him out of bounds during the Royal Purple Las Vegas Bowl at Sam Boyd Stadium on December 20, 2014 in Las Vegas, Nevada. Utah won 45-10.  (Photo by Ethan Miller/Getty Images)
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With the start of summer camp just up the block and around the corner, Colorado State has seen its secondary take a rather significant hit.

A CSU official has confirmed to the Loveland Reporter Herald that Preston Hodges has been dismissed from Mike Bobo‘s football program.  The Reporter Herald writes that Hodges “had become academically ineligible and was dismissed from the team.”

The past three seasons, Hodges had started 28 games in the Rams’ secondary.  Eight of those starts came at cornerback last season.

Exiting the spring, the senior Hodges was listed No. 2 on the depth chart at one of the safety spots.

In addition to Hodges, offensive lineman Blake Nowland is no longer on the team’s roster.  There was no reason given for his departure.

After playing in three games as a redshirt freshman in 2014, Nowland missed the entire 2015 season because of a broken leg.

Heisman Trophy odds see change at the top

Leonard Fournette
Associated Press
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There is a new preseason favorite for the 2016 Heisman Trophy, at least as far as Bovada is concerned.

The betting service Tuesday listed LSU running back Leonard Fournette checks in with the best odds at 9/2. He moved ahead of Clemson quarterback Deshaun Watson, whose odds went from 9/2 in January to 5/1 now.

Stanford running back Christian McCaffrey’s odds moved to 11/2 while Ohio State quarterback J.T. Barrett, Florida State running back Dalvin Cook and Oklahoma quarterback Baker Mayfield are all at 12/1.

Several players were added to the board since January, including UCLA quarterback Josh Rosen (16/1), Alabama running back Bo Scarbrough (20/1) and Baylor quarterback Jarrett Stidham (28/1).

The group of newcomers also includes both of the competitors to be Notre Dame’s starting quarterback. DeShone Kizer and Malik Zaire are both set at 28/1.

Oklahoma DB facing charges after early morning arrest

NORMAN, OK - OCTOBER 3:  Safety Hatari Byrd #4 and cornerback Jordan Thomas #7 of the Oklahoma Sooners take the field before the game against the West Virginia Mountaineers October 3, 2015 at Gaylord Family-Oklahoma Memorial Stadium in Norman, Oklahoma. Oklahoma defeated West Virginia 44-24.(Photo by Brett Deering/Getty Images)
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Oklahoma defensive back Jordan Thomas was arrested early Thursday morning and stands accused of three offenses.

Cleveland (Oklahoma) County sheriff arrest records show the 20-year-old Thomas was booked at 2:45 a.m. on charges of assault and battery, public intoxication and interference.

A school spokesperson told The Tulsa World the department is aware of and monitoring the situation.

Thomas, who reportedly has been released on bond, was second on the Sooners with nine pass defended last season and was credited with 46 tackles. He had five interceptions.

The World notes Thomas has been in trouble both with the law and the team previously.

Thomas was jailed in Grady County before last year’s Orange Bowl after failing to appear in court following a traffic citation.

The junior also has faced issues on the team. He missed the first quarter of the 2015 opener against Akron and the entire Tulsa game for undisclosed disciplinary reasons.

The Sooners won the Big 12 last season and made the College Football Playoff.

They are expected to be contenders again this season and have a showdown with Ohio State looming in Norman on Sept. 17.

Joker Phillips among Urban Meyer’s new hires at Ohio State

GAINESVILLE, FL - SEPTEMBER 25:  Head coach Urban Meyer of the Florida Gators is congratulated by head coach Joker Phillips of the Kentucky Wildcats at Ben Hill Griffin Stadium on September 25, 2010 in Gainesville, Florida. Florida defeated Kentucky 48-14 for Meyer's 100th career victory.  (Photo by Doug Benc/Getty Images)
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Ohio State has quietly added Joker Phillips and Brian Knorr — two experienced college coaches — to Urban Meyer’s staff.

Although the athletics department has not made an announcement yet, Phillips is listed in Ohio State’s employee directory as a sports program associate with the working title of “Football QC – kicking,” which presumably means he is a quality control assistant for the Ohio State kicking game.

Knorr is listed simply as an athletics intern.

Of the two, Phillips is the more experienced. Now 53, he began his coaching career as a G.A. at Kentucky, his alma mater, and eventually spent six seasons as a full-time receivers coach for the Wildcats in the early 1990s.

He also coached at Minnesota, Notre Dame and South Carolina before returning to Lexington as an assistant and eventually rising to head coach in 2010.

The Wildcats went just 13-24 in his three seasons, and he spent last year as wide receivers coach of the Cleveland Browns. He also spent a season coaching receivers at Florida, where he was found guilty of a level two recruiting violation.

Knorr was most recently the defensive coordinator at Indiana. He spent two seasons in Bloomington after six at Wake Forest.

A Kansas native, he played quarterback at Air Force and previously worked in the Buckeye State as an assistant to Jim Grobe and then Frank Solich at Ohio University from 1995-2004.

The Hoosiers ranked last in the Big Ten in scoring defense and total defense last season, and he was replaced by Tom Allen in January.