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.”


VIDEO: Harbaugh takes hammer to Buckeye nut at Bo’s grave

1 Jan 1987: Head coach Bo Schembechler of Michigan during their 22-15 loss to Arizona State at the Rose Bowl in Pasadena, California. Mandatory Credit: Rick Stewart  /Allsport
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I’m very quickly closing in on the end of my seventh year being in charge of this place, and the beginning of my eighth. One thing I’ve been very honest and straightforward about from the very beginning is the fact that I grew up in a decidedly Ohio State household, and that The Game between OSU and Michigan is one of the greatest rivalries in not only college football but all of sports.

With the annual hate-fest on tap this weekend, and with Jim Harbaugh‘s first go-round as head coach in the rivalry adding to the build-up, this is easily one of the most anticipated in what’s been a rather one-sided rivalry of late — the Buckeyes have won, on the field, 10 of the last 11.

So, in accordance with the spirit of the rivalry, Harbaugh, of course, took a maize-colored hammer in hand and smashed a Buckeye nut at the grave of his former head coach, UM coaching great Bo Schembechler.

Harbaugh played for Schembechler in Ann Arbor, and it’s quite obvious, from an impromptu graveside speech, that his former coach had an indelible impact on the man who found his way back home to the maize & blue:

Bo was my coach,” Harbaugh said. “I first met him when I was nine years old when my dad coached here at Michigan. He was the secondary coach. He was larger than life to our family. Excited and enthusiasm beyond what anybody could imagine. He would let us come to practice. We were ball boys, my brother John and I.

“And getting to play for coach Schembechler, what I can tell you is this, everything I base my entire professional life on and my personal life was learned here at the University of Michigan. It’s rooted at the University of Michigan, it was experienced at the University of Michigan. And it’s the team, the team, the team. We win as a team. Everybody does a little, and it adds up to a lot. When it came to honor, integrity, doing things at the highest level, Bo Schembechler set the standard.

“I draw daily inspiration from coach Schembechler, like so many that knew him, anybody that knew him, anybody that was associated with him, anybody that played for him or anybody that coached with him, he set the standard at the very highest level. One of the greatest of all time, Bo Schembechler.

Ohio State’s loss to Michigan State last weekend may have taken some of the shine off of Harbaugh’s first go-round in The Game, but the presence of The Khaki One — and his obvious connection to the past — ensures that the rivalry is in good hands moving forward.

Gamecocks may be focusing coach search on Tide DC Kirby Smart

TUSCALOOSA, AL - APRIL 19:  Defensive coordinator Kirby Smart yells at Reuben Foster #10 of the Crimson team prior to the University of Alabama A-Day spring game at Bryant-Denny Stadium on April 19, 2014 in Tuscaloosa, Alabama.  (Photo by Stacy Revere/Getty Images)
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A pair of signs that developed Wednesday are pointing to Nick Saban possibly needing to replace his long-time defensive boss this offseason.

According to Yahoo SportsPat Forde, current Houston head coach Tom Herman, who has a significant raise on the table from his current employer, is no longer a candidate for the same job at South Carolina as he’s withdrawn his name from consideration.  Forde writes that “Herman had been the school’s top choice to replace Steve Spurrier, sources said, and third-party discussions had been extensive.”

Nearly simultaneously, Bruce Feldman of reported that ‘Bama defensive coordinator Kirby Smart “has emerged as the frontrunner for the South Carolina head coaching vacancy.”  Forde also mentioned that Smart could be the Gamecocks’ Plan B, while wrote that the 39-year-old “has emerged as one of the leading candidates” for the vacancy in Columbia.

Smart has had a handful of opportunities to leave Saban’s staff since joining it in 2007, but has thus far chosen to remain in Tuscaloosa.

If Smart is indeed USC’s top candidate, a fellow SEC East rival could throw a wrench in those plans. Should Georgia and Mark Richt decide to part ways, Smart, who played his college football at UGA, would be a likely candidate to replace the long-time head coach.  In addition to playing for the Bulldogs, Smart began his career as an administrative assistant at his alma mater and coached running backs there in 2005 before joining Saban with the Miami Dolphins and, ultimately, the Tide.

No charges filed in alleged rape at Nebraska players’ house

PISCATAWAY, NJ - NOVEMBER 14:  Tommy Armstrong Jr. #4 of the Nebraska Cornhuskers congratulates teammate Jordan Westerkamp #1 after he scored a touchdown in the first quarter against the Rutgers Scarlet Knights  on November 14, 2015 at High Point Solutions Stadium in Piscataway, New Jersey.  (Photo by Elsa/Getty Images)
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An investigation into an alleged sexual assault at the home of three current Nebraska football players will not result in charges, Lancaster County (Neb.) officials announced Wednesday.

An unidentified 20-year-old female claimed she was raped Nov. 15 at the residence of NU quarterback Tommy Armstrong (pictured, left), tight end Trey Foster and wide receiver Jordan Westerkamp (pictured, right). The subsequent investigation could not prove that any type of an assault had taken place.

“Filing charges would require proof beyond a reasonable doubt. That simply is not there,” district attorney Joe Kelly stated in announcing the decision.  Armstrong had previously claimed that “[f]rom what we’re hearing, everything was consensual.”

The university’s athletic department released a statement in the wake of today’s announcement.

We are aware of this morning’s announcement by the Lincoln Police Department and the Lancaster County Attorney. There is no change in the status of any student-athletes. We will continue to follow University policies.

The school is in the midst of conducting its own investigation into the situation. As it stands now, all three players will be available for Friday’s game against No. 4 Iowa..

Baylor loses QB Jarrett Stidham to broken bone in ankle

Jarrett Stidham, Lemaefe Galea'i
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If Baylor’s designs on a national championship are to come to fruition, it appears the Big 12 school will be forced to go the Ohio State route and do it with their third-string quarterback.

The university has reportedly confirmed Wednesday that Jarrett Stidham sustained a broken bone in the back of his ankle in the second quarter of Saturday’s win over previously unbeaten Oklahoma State.  As a result, the true freshman will miss the remainder of the 2015 season.

Stidham had started the last three games in place of Seth Russell, who will miss the rest of 2015 as well because of a broken bone in his neck.

With Stidham and Russell sidelined, the Bears’ title hopes will fall in large part to Chris Johnson. The redshirt sophomore had been moved to wide receiver during summer camp before becoming Stidham’s backup a month ago.  In the win over OSU, Johnson completed five of his 10 passes for 138 yards, two touchdowns and an interception.

Should Johnson find himself injured, the only other player listed as a quarterback on Baylor’s roster is Zack Bennema. A true freshman, Bennema joined the Bears earlier this year as a walk-on.

Baylor will travel to TCU and host Texas to close out the season.  Because of a loss to Oklahoma earlier this month, the Bears will need a Sooners loss in Bedlam in addition to winning its last two in order to claim a Big 12 title and, potentially, a spot in the College Football Playoff.