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.”

 

Longtime starting WKU safety likely out for remainder of 2016

TUSCALOOSA, AL - SEPTEMBER 10:  Calvin Ridley #3 of the Alabama Crimson Tide rushes away from Marcus Ward #8 of the Western Kentucky Hilltoppers at Bryant-Denny Stadium on September 10, 2016 in Tuscaloosa, Alabama.  (Photo by Kevin C. Cox/Getty Images)
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Like they have the last couple of weeks, Western Kentucky will have to get used to Marcus Ward not patrolling its defensive secondary on game days.

Ward (pictured, left) injured his knee in Week 2 and has not returned to the playing field.  Unfortunately for the player and the football program, that absence will continue as the safety underwent surgery on the knee, which is expected to sideline him for the remainder of the 2016 season.

This may not be the last of the fourth-year senior in a Hilltopper uniform, though, as Ward has yet to use his redshirt season and would have a medical waiver at his disposal even if he had.  It’s unclear, however, if Ward will return for another season or rather make himself available for the 2017 NFL draft.

Ward has started a total of 31 games since his true freshman season in 2013, including 26 the previous two seasons.  He was named preseason second-team All-Conference USA prior to the start of the 2016 season.

Perhaps more importantly, he was named a semifinalist earlier this month as a semifinalist for the Campbell Trophy, also known as the Academic Heisman.

No. 10 Washington becomes Pac-12 front-runner after Friday night thrashing of No. 7 Stanford

SEATTLE, WA - SEPTEMBER 30:  Quarterback Keller Chryst #10 of the Stanford Cardinal is hit as he throws by linebacker Connor O'Brien #29 and linebacker Psalm Wooching #28 of the Washington Huskies on September 30, 2016 at Husky Stadium in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
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All summer long, people wondered why Washington was getting so much preseason love.

After Friday night’s 44-6 thrashing of Stanford in front of a national audience, nobody is wondering anymore about the Huskies.

The sophomore backfield combo of quarterback Jake Browning (210 yards, three touchdowns) and Myles Gaskin (an even 100 yards rushing, two scores) once again powered Washington to a big win, with the offense scoring on all but two full drives on a night where everything went right for the purple and gold.

Defensively is where the Huskies really impressed though. The team swarmed to the ball on every snap, forced two fumbles, racked up eight sacks and kept Stanford under three yards a play for most of the night. The normally reliable Christian McCaffrey was kept in check in remarkable fashion, rushing for just 49 yards on 12 carries.

Just six days after a remarkable comeback win at UCLA, there wasn’t much left in the tank for a Stanford team that was missing two starting cornerbacks and just couldn’t get anything going offensively on the road in a hostile environment. Quarterback Ryan Burns did throw for 151 yards and a touchdown but was under siege most of the night thanks to some shaky play up front from the normally reliable Cardinal offensive line.

The win by Washington certainly establishes Chris Petersen’s team as the Pac-12 favorite — at the very minimum — with a chance to all but punch their ticket to the conference title game next week at Pacific Northwest rival Oregon. If the Huskies continue to look like they did on Friday in Seattle though, a berth in the College Football Playoff is certainly going to be in the cards as well.

No. 10 Washington putting on a show with big first half against No. 7 Stanford

SEATTLE, WA - SEPTEMBER 30:  Head coach David Shaw of the Stanford Cardinal looks on prior to the game against the Washington Huskies on September 30, 2016 at Husky Stadium in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
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On the first offensive play of the night for Stanford, the Cardinal picked up a first down thanks to a face mask penalty.

It was all downhill from there for the Cardinal.

No. 10 Washington lived up to their high preseason billing on Friday night by manhandling the defending Pac-12 champions in just about every way possible to jump out to a 23-0 halftime lead.

Quarterback Jake Browning threw just three incompletions on his way to 167 yards and two touchdowns and the Huskies looked every bit the part of a top five team in a wild, vintage atmosphere on Montlake. While the offense was impressive, the Washington defense was swarming as well, racking up six sacks in the game so far.

Stanford couldn’t get anything going offensively, averaging just 2.8 yards per play in the first half. Superstar Christian McCaffrey was held mostly in check, with just eight yards receiving and 31 on the ground.

To add injury to the insult of that first half, the Cardinal’s best defender — defensive lineman Solomon Thomas — was injured in the second quarter with a lower leg injury. The team is already without both its starting cornerbacks for the game so it could be a long second half for the visitors.

The game isn’t over yet and there’s plenty of #Pac12AfterDark potential but that was quite a statement made by Chris Petersen’s Huskies in the first half in establishing their credentials for the College Football Playoff.

Texas Tech QB Patrick Mahomes reportedly dealing with shoulder sprain

LUBBOCK, TX - SEPTEMBER 29: Patrick Mahomes II #5 of the Texas Tech Red Raiders stiff arms Daniel Wise #96 of the Kansas Jayhawks during the first half on September 29, 2016 at AT&T Jones Stadium in Lubbock, Texas. (Photo by John Weast/Getty Images)
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Texas Tech may be without its starting quarterback just as Big 12 play is picking up.

Patrick Mahomes II injured his shoulder on a scramble in the third quarter of the team’s romp over Kansas on Thursday night and did not return to the game. While he was shown on television attempting to throw on the sidelines after returning to the sidelines, he watched the rest of the second half with a headset on instead of a helmet.

The Lubbock Avalanche-Journal reports there’s a reason Mahomes didn’t return: he’s dealing with an AC joint sprain in the shoulder of his throwing arm. Mahomes’ father posted on social media that the quarterback would not need surgery to correct the injury but it’s still something that could sideline the Red Raiders’ signal-caller for a few games.

Texas Tech does get a little extra rest before traveling to Kansas State next week on Saturday and then host West Virginia at home the following week.

Mahomes entered the week second in the country in passing, third in passing efficiency, and first in total offense. If there is any positive for Tech it’s that there might not be such a huge drop off to backup Nic Shimonek considering the junior came in and threw four touchdown passes in relief of Mahomes in a little over a quarter’s work against the Jayhawks.

Still, Mahomes is one of the most dynamic players in the country at the quarterback position and they’ll certainly need him back behind center if they stand any chance at beating some of the upper tier Big 12 teams to close out the month of October.