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.”

 

Florida QB-turned-WR Treon Harris to transfer

KNOXVILLE, TN - OCTOBER 4: Treon Harris #3 of the Florida Gators runs with the ball in the second half of the game against the Tennessee Volunteers at Neyland Stadium on October 4, 2014 in Knoxville, Tennessee. Florida defeated Tennessee 10-9. (Photo by Joe Robbins/Getty Images)
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Last week Florida head coach Jim McElwain confirmed Treon Harris will move from quarterback to wide receiver.

“Everybody has freedom, he doesn’t have to stay there,” McElwain said, via SEC Country. “But at the end of the day, look, we’re in this not here to hurt anybody’s feelings. But at the same time, it is what it is and we’ve got four guys who I’m really proud of. The room is really good and I’m excited about it.”

McElwain may not have wanted to hurt Harris’s feelings, but he may not have minded Harris taking a hint.

As first reported by Ryan Bartow of Gator Bait and later confirmed by the program, Harris has picked up what McElwain put down.

Harris, rated the No. 9 athlete nationally coming out of powerhouse Booker T. Washington High School in Miami, would have a myriad of options should he be open to playing a position other than quarterback. But, then again, if he wanted to play somewhere other than under center, one assumes he’d have stayed at Florida in the first place.

Florida’s leading returning passer — he completed 119-of-235 throws for 1,676 yards and nine touchdowns with six interceptions, good for a quarterback rating that placed 92nd nationally — Harris would have two years of eligibility remaining should he opt to remain at the FBS level.

Jim Delany releases statement on passing of Foltz, Sadler

NEW YORK, NY - JUNE 26:  Commissioner of The Big Ten Conference Jim Delany speaks at The Big Ten Network Kick Off Party at Cipriani 42nd Street on June 26, 2014 in New York City.  (Photo by Ben Gabbe/Getty Images for Wink Public Relations)
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Big Ten media days begin today — nominally a time of celebration, optimism and free food in the conference.

This year’s gathering will take on the direct opposite feel, at least at the start, as the conference continues to reel from the tragic passing of Nebraska punter Sam Foltz and former Michigan State punter Mike Sadler.

Ahead of the event’s official opening, Big Ten commissioner Jim Delany released this statement:

“We join the Nebraska and Michigan State communities in sending our thoughts and prayers to the families, teammates, coaches, administrators and friends who have been impacted by the tragic loss of Sam Foltz and Mike Sadler. While we are deeply saddened by their untimely loss, we also recognize the impact they had and the success they achieved as students, athletes, citizens and representatives of their respective communities and institutions. On behalf of the Big Ten, we greatly appreciate the enduring contributions made by these two young men, and our hearts go out to their families during this difficult time.”

Sadler concluded his Big Ten career in 2014 and was set to begin at Stanford Law School this fall. Foltz was still an active Husker.

Nebraska will skip this week’s festivities as it recovers from the beloved Foltz’s passing.

Iowa State suspends CB Nigel Tribune after OWI arrest

FORT WORTH, TX - DECEMBER 06:  Wide receiver Josh Doctson #9 of the TCU Horned Frogs runs with the football after a reception past defensive back Nigel Tribune #34 of the Iowa State Cyclones during the second quarter of the Big 12 college football game at Amon G. Carter Stadium on December 6, 2014 in Fort Worth, Texas.  (Photo by Christian Petersen/Getty Images)
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Iowa State senior cornerback Nigel Tribune was suspended indefinitely after he was arrested for OWI Sunday, according to the Des Moines Register.

Tribune, a former second-team All-Big 12 player, was pulled over in Ames just before 3 a.m. Sunday. From the Register’s story:

According to police, Tribune had watery and bloodshot eyes and smelled of alcohol. He performed and failed field sobriety tests. A preliminary breath test showed a result of over .08 — the legal limit.

“We are aware of the charges filed against Nigel and we are in the process of gathering more information,” Iowa State coach Matt Campbell said Sunday in a statement. “Nigel has been suspended indefinitely from the football team under the student-athlete code of conduct policy.”

Tribune, a native of Jacksonville, Fla., had 37 tackles and seven pass break-ups in 2015.

 

ACC media poll has Clemson repeating as conference champions

CLEMSON, SC - NOVEMBER 7: Deshaun Watson #4 of the Clemson Tigers pumps up fans prior to the game against the Florida State Seminoles at Memorial Stadium on November 7, 2015 in Clemson, South Carolina. (Photo by Tyler Smith/Getty Images)
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DeShaun Watson is back from last year’s College Football Playoff runner-up, and with that, there was little debate in the ACC media poll about who will repeat as conference champions in 2016.

Clemson, with 144 votes, was picked to repeat as ACC champions in the conference’s annual media poll. Florida State (39), North Carolina (seven) and Louisville (one) also received votes.

Watson, the Tigers’ junior quarterback, was picked to be the ACC Player of the Year with 164 votes. Florida State running back Dalvin Cook (18), North Carolina running back Elijah Hood (four), Miami quarterback Brad Kaaya (two), Louisville quarterback Lamar Jackson (two) and Duke cornerback/returner DeVon Edwards (one) also received player of the year votes.

Here’s how the voting broke down by division, with first-place votes in parentheses:

Atlantic                    
1. Clemson (148) – 1,293
2. Florida State (42) – 1,176
3. Louisville (1) – 961
4. NC State – 704
5. Boston College – 441
6. Syracuse – 426
7. Wake Forest – 347
Coastal                
1. North Carolina (121) – 1,238
2. Miami (50) – 1,108
3. Pitt (14) – 859
4. Virginia Tech (3) – 697
5. Duke (2) – 597
6. Georgia Tech (1) – 588
7. Virginia – 261