Donna Shalala

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

31 Comments

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.”

 

East Carolina DL booted after animal cruelty arrest

GREENVILLE, NC - SEPTEMBER 05:  A general view of the Appalachian State Mountaineers versus the East Carolina Pirates at Dowdy-Ficklen Stadium on September 5, 2009 in Greenville, North Carolina.  (Photo by Streeter Lecka/Getty Images)
Getty Images
6 Comments

East Carolina has dismissed defensive lineman Darius Commissiong following an arrest for animal cruelty, the program announced Friday.

A Facebook post from the Greenville (N.C.) police department say they responded to a call at an apartment 2 a.m. Friday after a report of a disturbance. They entered the home to find a one-year-old Shih Tzu deceased inside the residence.

According to the department’s Facebook post, the dog suffered “multiple hemorrhages to the skin and body,” three cracked ribs, a collapsed lung, hemorrhaging in the abdomen, left eye and brain, a liver “torn into pieces,” several fractured teeth and a complete fracture in the right hind leg. Witnesses pegged Commissiong as the perpetrator, and the 21-year-old was arrested on a felony charge of animal cruelty. He is held on a $25,000 bond.

 

“While we always want to be in a position to guide young people, unacceptable behavior such as this clearly crosses the line of humanity and simply will not be tolerated,” head coach Scottie Montgomery said in a statement. “There’s a level of accountability which defines our program, athletics department and East Carolina University, and any conduct which isn’t congruent with those values is unwelcome here.”

Commissioing’s arrest comes shortly on the heals of the surfacing of a video showing Baylor wide receiver Ish Zamora beating and kicking a dog, which was recorded earlier this summer. Zamora was not arrested and remains on Baylor’s roster.

Commissiong played in 10 games last season for the Pirates, collecting 10 tackles. He was a projected started along East Carolina’s defensive front before today’s dismissal.

Ahmad Bradshaw reverses course, set to start at QB for Army

BALTIMORE, MD - DECEMBER 13:  Head coach Jeff Monken of the Army Black Knights calls a timeout during the second half of their 17-10 loss to the Navy Midshipmen at M&T Bank Stadium on December 13, 2014 in Baltimore, Maryland.  (Photo by Rob Carr/Getty Images)
Getty Images
Leave a comment

Remember when Ahmad Bradshaw (not the former Giants and Colts running back) was set to leave West Point? Bradshaw changed his mind, and now he’s set to be the Black Knights’ starting quarterback.

Head coach Jeff Monken told the Times Herald-Record that Bradshaw was “likely” to start, but that both he and sophomore Chris Carter could see action.

Carter sustained a hamstring injury Aug. 1 and didn’t return to the practice field until Aug. 17.

“He’s (Bradshaw) so far ahead in the repetitions that he has taken,” Monken told the paper. “It’s hard when you miss the first couple weeks of camp. There’s 14 or 15 practices that you are standing there watching the other guys getting all of the reps.”

Bradshaw led Army last season with 429 passing yards and led Black Knights quarterbacks with 468 rushing yards last fall. Carter garnered a start against Navy last season and hit 9-of-15 passes for 208 yards with a touchdown and an interception in Army’s 21-17 loss.

“He’ll (Carter) come around and the more that he practices, the better he’s going to get and the more prepared he’s going to be,” Monken said. “That’s when I think we’ll see the battle and who the guy is that’s got to continue. Once you get playing, it’s hard to beat out the starter because he’s got more experience and has played more. I think Ahmad has handled it well.”

Army opens the season next Friday at Temple.

Montana State transfer Dakota Prukop officially named Oregon starting QB

EUGENE, OR -SEPTEMBER 06: A general view of Autzen Stadium during the second quarter of the game between the Oregon Ducks and the Michigan State Spartans at Autzen Stadium on September 6, 2014 in Eugene, Oregon. (Photo by Steve Dykes/Getty Images)
Getty Images
Leave a comment

As if there was any doubt, Dakota Prukop will start at quarterback for Oregon this year.

The Montana State transfer arrived in Eugene with the starting role as an understanding, but it was formally confirmed when the Ducks unveiled their depth chart Friday. He’ll start ahead of true freshman Justin Herbert.

Prukop will be the second straight FCS transfer to walk into a starting role at Oregon. Eastern Washington transfer Vernon Adams led the nation in passing efficiency in 10 games last season, hitting 65 percent of his throws for a national-best 10.2 yards per attempt with 26 touchdowns against six picks.

He was the second straight Duck signal caller to lead the nation in passing efficiency, following Marcus Mariota‘s Heisman campaign of 2014.

A native of Austin, Texas, Prukop earned First Team FCS All-America by the Associated Press last season and accumulated 7,347 yards of total offense and 70 total touchdowns.

No. 24 Oregon opens its season next Saturday against UC Davis (5 p.m. ET, Pac-12 Networks).

Auburn S Stephen Roberts arrested for unlawful gun possession, evading arrest

OXFORD, MS - NOVEMBER 01:  Stephen Roberts #14 of the Auburn Tigers celebrates with the Auburn student fans after defeating the Mississippi Rebels at Vaught-Hemingway Stadium on November 1, 2014 in Oxford, Mississippi. Auburn defeated Mississippi 35-31.  (Photo by Doug Pensinger/Getty Images)
Getty Images
2 Comments

A Wednesday night traffic stop led to an arrest for Auburn safety Stephen Roberts. As reported by AL.com, a traffic stop just before 10 p.m. led to discovery of a handgun Roberts possessed without a permit to carry. Roberts bolted from the car in an attempt to evade arrest, but was apprehended and booked into Lee County Detention Center less than an hour later.

Auburn released a statement saying head coach Gus Malzahn was “aware” of the incident. “He is gathering all the facts and will handle the situation appropriately,” the program said.

Roberts appeared in all 13 games last season and was expected to start at free safety.

Malzahn offered praise to the junior less than a week ago.

“There’s no doubt Stephen Roberts, he was one of our better special teams guys last year,” Malzahn said last week. “He’s got experience at the safety position the second half of the year, had a very good spring. Just turning into one of those leaders of the defensive side that I know(defensive backs coach Wesley) McGriff has a lot of confidence in.

“He’s a savvy football player; he just understands football. He’s starting to develop into the player that we really expected when we recruited him and I’m proud of where he’s at right now. He’s got to go out there, he’s got to keep improving and all that but he’s a football player.”

Both charges are misdemeanors. The maximum sentences carry no more than a year in jail and $6,000 fines. He is due to appear in court Nov. 17.