Donna Shalala

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


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.”


Move over Ohio State, Alabama owns the longest road winning streak in the country now

TUSCALOOSA, AL - OCTOBER 22:  Head coach Nick Saban of the Alabama Crimson Tide reacts after their 33-14 win over the Texas A&M Aggies at Bryant-Denny Stadium on October 22, 2016 in Tuscaloosa, Alabama.  (Photo by Kevin C. Cox/Getty Images)
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When the final few seconds ticked off the clock and Penn State completed its massive upset of Ohio State on Saturday, a potentially season-altering loss wasn’t the only thing the Buckeyes had to deal with.

As it turns out, that loss was also the end of a very impressive streak. Ohio State had won 20 straight road games (not counting neutral sites) prior to their trip to Happy Valley over the weekend — a string of victories that coincided with the arrival of head coach Urban Meyer. As a result, he become the first college football coach to win his first 20 road games at a school since Walter Camp did back in 1888.

With those two win streaks over, CFTalk wondered who took over the mantle for each.

It probably shouldn’t surprise anybody that it’s now No. 1 Alabama who owns the longest road winning streak in the country at 10 straight games. The last time the Crimson Tide fell away from home or on a neutral field, was way back in 2014 when Ole Miss beat them in Oxford. Oklahoma, Iowa and North Carolina are right behind Alabama with nine straight road victories and it’s possible Clemson joins the group if they can win at Florida State on Saturday.

Nick Saban’s team is off this upcoming week before heading to Baton Rouge to take on LSU so they will be put right to the test to see if they can extend their impressive streak. The Tide also own the longest winning streak in the country at the moment regardless where the game was played with 20 straight wins, which is double what runners up Washington and Western Michigan have been able to do in winning 10 in a row.

As for that streak that Meyer had with 20 in a row on the road to begin his tenure at Ohio State, there’s a much steeper drop off to find who holds the record now. Amazingly you have to go to first year head coach Scott Frost at Central Florida, who has a long, long, long ways to go to catch Meyer given that he’s won just three straight on the road to begin his career. After that, Jim Grobe at Baylor is next in line but he’s won just two games away from Waco.

Police broke up riot of as many as 10,000 people following Penn State’s win over Ohio State

STATE COLLEGE, PA - OCTOBER 22:  Penn State students rush the field after the Penn State Nittany Lions defeated the Ohio State Buckeyes 24-21 on October 22, 2016 at Beaver Stadium in State College, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Penn State beat then-No. 2 Ohio State on Saturday night to capture the biggest win for the program in recent memory.

Naturally, Happy Valley was euphoric at the victory and the massive crowd that took part in a White-Out at Beaver Stadium took the celebration onto the field to and beyond. After jumping over barriers and rushing the field though, the festivities appeared to spill over onto the streets of State College.

That’s where things got a bit dicey as notes that local police said a crowd of some 5-10,000 people (mostly college-aged men and women, not surprisingly) started to form a small “riot” and damaged street lights, signs and set several small fires.

A police statement confirmed that a vehicle was damaged in the process and at least one person was injured when he was struck in the head with a bottle. The Daily Collegian further reported damage to property in the area and that tear gas was used by local and state police to break things up over the course of two hours.

It’s not at all surprising to see a bunch of young, emotional, college-aged kids get a little too excited about Penn State’s big upset. Given what has happened in the town in the past however, it’s a little disappointing to see it escalate into a full-scale riot that needed police to break things up.

AP Top 25: Washington moves into the top four, Penn State enters for first time since 2011

STATE COLLEGE, PA - OCTOBER 22:  Penn State students rush the field after the Penn State Nittany Lions defeated the Ohio State Buckeyes 24-21 on October 22, 2016 at Beaver Stadium in State College, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Ohio State’s loss to Penn State on Saturday night and a handful of other upsets around college football have naturally caused a few reverberations in the latest AP Top 25 poll.

As was the case last week though, Alabama received all but one first-place vote (60, in total) from voters across the country after thrashing a top 10 team at home in now-No. 9 Texas A&M. Jim Harbaugh and Michigan had the other first-place vote.

Clemson and Washington rounded out the rest of the top four, with the Huskies matching their best ranking since 2000 and setting up a big trip to Salt Lake City and No. 17 Utah this week. The Buckeyes did drop to No. 6 overall, just behind fellow one-loss team Louisville, but remained in the top 10 despite the close loss to the Nittany Lions (who entered the poll for the first time since 2011 at No. 24).

Big risers included West Virginia, which entered the top 10 after beating TCU to join fellow Big 12 undefeated Baylor at No. 8. In the SEC, both LSU and Auburn rose six spots from last week, to No. 19 and No. 15 respectively.

In addition to Penn State entering the poll, Colorado and Virginia Tech both returned to the top 25. Houston, Ole Miss and Arkansas all fell out after losses.

AP Top 25 By Conference:

  • ACC – 5
  • American – 1
  • Big 12 – 3
  • Big Ten – 5
  • MAC – 1
  • Mountain West – 1
  • Pac-12 – 3
  • SEC – 6

Here is this week’s updated AP Top 25, with first-place votes noted:

  1. Alabama (60)
  2. Michigan (1)
  3. Clemson
  4. Washington
  5. Louisville
  6. Ohio State
  7. Nebraska
  8. Baylor
  9. Texas A&M
  10. West Virginia
  11. Wisconsin
  12. Florida State
  13. Boise State
  14. Florida
  15. Auburn
  16. Oklahoma
  17. Utah
  18. Tennessee
  19. LSU
  20. Western Michigan
  21. North Carolina
  22. Navy
  23. Colorado
  24. Penn State
  25. Virginia Tech

Group of Five Power Ranking: So long, Houston

DALLAS, TX - OCTOBER 22:  Greg Ward Jr. #1 of the Houston Cougars is sacked by Demerick Gary #10 of the Southern Methodist Mustangs and Mason Gentry #93 of the Southern Methodist Mustangs in the first half at Gerald J. Ford Stadium on October 22, 2016 in Dallas, Texas.  (Photo by Tom Pennington/Getty Images)
Photo by Tom Pennington/Getty Images

Ladies and gentlemen, we are gathered here today to pay our respects to the New Years Six hopes of the Houston Cougars. A year after representing the American Athletic Conference in the Peach Bowl by defeating Florida State, the 2016 Cougars have gone from playoff hopeful to New Years Six hopeful to fourth place in their own division. Houston is now out of the running for a big bowl game at the end of the season.

SMU dealt the knockout blow to their rivals Saturday night with a 38-16 victory that took many by surprise. SMU jumped al over Houston early on and never allowed the defending AAC champs to get too close. As a result, Houston falls out of contention for a New Years Six bid in all likelihood unless pure chaos unfolds.

What was bad news for Houston was extra good news for programs like Boise State and Western Michigan, but the AAC still has some valid contenders in the running as well. So does the MAC and Mountain West Conference.

The highest-ranked conference champion from the American Atletic Conference, Conference USA MAC, Mountian West Conference or Sun Belt Conference as determined by the College Football Playoff selection committee will be given an automatic spot in the New Years Six line-up. Here’s how the contenders rank according to me.

1. Boise State (7-0)

The Broncos scored a solid win against BYU on Thursday night to remain undefeated and atop the New Years Six power ranking. Boise State still probably needs to run the table to stay ahead of the curve. One loss could leave Boise State behind some other worthy contenders.

2. Navy (5-1)

Navy scored a big win against Memphis to remain the AAC’s most likely New YearsSix representative heading into the final weekend of October. The Midshipmen have a big conference game this weekend at USF, followed by a game against Notre Dame the following weekend in Jacksonville. The state of Florida could make or break Navy’s chances.

3. Western Michigan (8-0)

Keep rowing those boats! Western Michigan got a good fight from in-state rival Eastern Michigan but he Broncos managed to stay ahead on the scoreboard to keep their perfect record in play. Western Michigan has some very favorable games coming up, and it is starting to get hard to not look ahead to the regular season finale with Toledo.

4. San Diego State (6-1)

Not t be forgotten in the Mountain West Conference, San Diego State continues to win games. The Aztecs should still be a solid threat to win the MWC behind Boise State, and appear as able as Boise State to make a run in the conference. The only thing holding San Diego State back right now is a road loss at South Alabama.

5. Toledo (6-1)

It’s been a weird year for the MAC with Northern Illinois and Bowling GReen struggling, but Toledo is letting everyone know this conference has more to offer than just Western Michigan. The Rockets continue to impress and are also undefeated in MAC play.

On the Radar: Temple, Wyoming, Toledo, Memphis, Tulsa, USF